Arshad Nawaz Khan

Quaid-i-Azam University
Islamabad
 Social
 Selfishness
 Honesty
 Fairness
 Dependability
 Cooperativeness
 Imagination
 Ambition
 Self-control
 Independence
 Might is right (Jungle Law)
 Private Revenge (Tit for tat)
 Tribal Head
 Consultative Justice
 Modern state (Constitutional Justice)
 International Legal regime
 Post International Legal regime
 Common law and Continental legal systems
 Adversarial system and inquisitorial system/non-
adversarial system
 Justice by bench and justice by jury
 Adjudicative and non-adjudicative dispute resolution
 Methods for resolving disputes outside of the
official judicial mechanisms
 Informal methods attached to or pendant to official
judicial mechanisms
 Negotiation
"Helping People to Help Themselves"
 Mediation
 Arbitration
 Family group conference
 Early Neutral Evaluation (ENE)
 Fact-Finding Method
 Organizational ombudsman
 Traditions of Pukhtunwali
 Principle of equality
 Importance of nation, honour and land
 Collective liability
 Concept Assylum, Concept of non-refoulment
 Squad
 Punishment of Ilaqa badari
 Jirga is an Institution of social and non-formal justice
 Hujra, Jumaat
 Concept of Riwaj (custom) and Nurkh (precedent).
 Equality of its members.
 Ancient India Village councils,In Greek agora, In Rome
comitia curiata, In Arabia Shura, In india Panchayat
 Concept waak (power of attorney) Conditional
or absolute
 Concept of restorative and retributive justice
 Difference between Jirga and Panchayat
 Logic behind the punishments
 Qualifications of Members
 Types of Jirga
 Functions Diplomatic function, legislative
function, Executive Function
 Procedure
 Merits and demerits
 Constitution of Pakistan
 Functions of state

 Chapter of fundamental rights

 Principles of policy

 Article 37 d

“Provision of inexpensive and expeditious justice”

 Pakistan Penal Code classification of offences in
compoundable and non compoundable offences
social intervention
 Section 89-A and Order X (1a) CPC
 Family Laws
 Dispute Resolution Councils under KP Police
Act 2017
 Section 8 and section 11 concept of council elders
 Custom as source
 Civil and criminal cases
 Concentrates all police, executive and judicial functions
in the Political Agent.
 Principle of collective responsibility and collective
punishment.
 Adjudication through a Jirga. Members local Maliks,
appointed by the Political Agent.
 Council of Elders (Jirga) decide on points of fact both in
civil as well as criminal cases.
 Decisions of Jirga not binding on the political Agent.
 Concept of excluded areas
 Jirgas decided cases under the riwaj
(customary law which is generally regressive
and unusually harsh to women).
 No legal representation, no cross-examination.
 Security for Good Behaviour (sec 40, 42)
 No Judicial Review.
 Codification of Customary law. The evolving
customary law frozen in time.
 Trials: no evidence is recorded. No trained
police force, no investigation, no scientific
evidence.
 As Maliks loyal to the Government, Jirgas open
to Government manipulation. Lack credibility.
 Jirgas good only as a device to reach
settlements.
 Admit here-say evidence.
 Writ of the Government: Protected,
Administered, and Inaccessible.
 Modes of ADR
 Section 2(a) Dispute resolution through
Panchayat
 Musalihat Anjuman
 Civil Matters
 Concept of Neutrals
 ADR in compoundable offences
 Chapter III Concept of Panchayat
 Established in February 2007
 Sanctioned from the High Court
 Community mediation project
 Trainings on art of conflict prevention and
management
 Women empowerment through conflict
resolution
 Promotion of non-violent conflict resolution
amongst religious scholars
 http://spado.org.pk http://www.ncdr.pk/
 Dost Muhammad Khan Mediation Centre
 Recommendations
 Safeguards
 Illegal decisions
 Representation of empowered class only
 Exclusion of Women
 Legal Expertise
 Basic legal training