Jirga or "Punchayat"rulings on criminal cases 'against fundamental human rights': CJP

However, jirga rulings on criminal cases intrude on the legal jurisdiction of Pakistani courts." Justice Nisar asked the advocate generals whether any legislation in this regard had been done at the provincial level.

Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday deemed the jirga system "against fundamental human rights" and recommended that its scope be limited to civil cases only.
The incumbent chief justice made those remarks while hearing a vani and sawara (marriage of underage girls against their will to settle murder and tribal disputes) case first taken up in 2005 during former chief justice Iftikhar Mohammad Chaudhry's tenure.
"The jirga system is against fundamental human rights," Justice Nisar said. "Jirga and panchayat (tribal councils) cannot have the right to vani girls and award capital punishments.
"Some people take their disputes to Jamaatud Dawa, which then imposes heavy fines. This is illegal," the top judge warned.
The chief justice defined the limit of a jirga's legal powers and jurisdiction, saying: "Jirga and panchayat can only settle minor civil disputes. If they are approached in such cases then that's fine. However, jirga rulings on criminal cases intrude on the legal jurisdiction of Pakistani courts."
Justice Nisar asked the advocate generals whether any legislation in this regard had been done at the provincial level.
The chief justice also urged the federal government to take remedial action, "draft a law and send it to parliament.
"Only parliament [then] can pass or reject such a law," he added.
An additional advocate general told the chief justice that "the Sindh High Court has already declared the jirga system as illegal."
At this, Justice Ijazul Ahsan added: "KP and Balochistan have the most number of jirgas."
The National Commission on the Status of Women made its recommendations on the issue, recommending the apex court to not let jirgas and panchayats "assume the jurisdiction of a civil or a criminal court without any lawful authority".
The commission also urged the court to direct the federal govt to make the practice of settling civil and criminal disputes by offering women in marriage "a cognizable offence with at least a minimum punishment of five years".
Moreover, it said that in case an illegal decision is made by a jirga, the offender as well as the members of the jirga "shall be held responsible jointly for the offence".

COMMENTS

Name

Accident Adventure Agriculture Airport Animals Army Arson Article automobile Banks belief birds Bureaucracy BUSINESS Calamity celebration charity Child trafficking civic Clash Climate collapse Commerce Communication Corruption Court Crime crimes culture currency Cyber crime Defence Department Development Development And Industry Diplomacy disaster Drugs Earthquake Economy Education Election Electricity Embassy Employment Energy Entertainment Environment Excavation Execution exhibition Explosion export Family Famine Fashion felciation festival Finance fire flood Food/Agriculture food/health Foreigners Forests fraud Freight Fuel FUNERAL Hajj handicapped HANG Health Hiousing History Hotel Human Rights Infotainment int International internationl journalist Judiciary justice Kashmir KIDNAPPING labour Landslide language Lawyers Legislation Leisure lightning literature Local Manifesto Media Migrants Minorities MIRACLE mis mishap mishaps Money Laundering Moon Murder n NAB Narcotics National Nature obituary Petroleum Pilgrims Police POLITICS pollution poverty power Prison prisoners Probe project Properties Protest Railway Religion relion Rescue Rivalry Science Security Sentence Services shemales Sikh Community smoking smuggling Social Social Media Social Welfare Space sports strike Students Suicide Suicide Attack Taxation Technology telecom Terrorism Tourism Trade Trade Union Traditions Training transgender Transport Travel Tyranny Vacancies vehicle vendetaa Visa water Weapons weather wedding woman Women Working class youth
false
ltr
item
South Punjab News : Jirga or "Punchayat"rulings on criminal cases 'against fundamental human rights': CJP
Jirga or "Punchayat"rulings on criminal cases 'against fundamental human rights': CJP
However, jirga rulings on criminal cases intrude on the legal jurisdiction of Pakistani courts." Justice Nisar asked the advocate generals whether any legislation in this regard had been done at the provincial level.
https://3.bp.blogspot.com/-ej9hLdmyAio/W4gvjCOyH7I/AAAAAAAA_-I/N4hrUJx3hWMLAqlDUrWT32aTddmddWaGgCLcBGAs/s400/jirga.jpg
https://3.bp.blogspot.com/-ej9hLdmyAio/W4gvjCOyH7I/AAAAAAAA_-I/N4hrUJx3hWMLAqlDUrWT32aTddmddWaGgCLcBGAs/s72-c/jirga.jpg
South Punjab News
http://www.southpunjabnews.com/2018/08/chief-justice-of-pakistan-cjp-mian.html
http://www.southpunjabnews.com/
http://www.southpunjabnews.com/
http://www.southpunjabnews.com/2018/08/chief-justice-of-pakistan-cjp-mian.html
true
949454145819430215
UTF-8
Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy