CJP stresses jirga, panchayat's role

LAHORE Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said the country still needs the local methods of dispute resolution such as jirga and panchayat for ensuring speedy justice in small offences. The degradation of social norms and values in the society deprived the nation of the best dispute resolution methods like panchayat however, it is need of the hour now to bring back such alternative dispute resolution systems in the justice machinery. The Chief Justice said these institutions lost ground as they could not keep pace with the demands of time, the newly emerging human rights, norms of equity, equality and non-discrimination. The CJP was addressing a two-day national conference on Alternate Dispute Resolution Project organised by International Finance Corporation (IFC) here on Thursday. The conference was also supported by federal judicial academy, Islamabad and Kingdom of Netherlands. Justice Tassaduq Hussain Jillani of Supreme Court, Lahore High Court Chief Justice Khawaja Muhammad Sharif, Justice (r) Saiduzzaman Siddiqui, Chairman Karachi Centre for Dispute Resolution, Ms Navin Merchant, ADR programme manager/IFC advisory services in Middle East & North Africa and Ambassador of Netherlands to Pakistan also graced the occasion. CJP Iftikhar Chaudhry said the Alternate Dispute Resolution (ADR) was a new and evolving concept and was spreading fast across the world successfully. The success lies in its potential to contribute to the redressal of grievances and resolution of disputes in an amicable manner, he said. The CJP said even though new to many countries, the ADR had been invoked in our part of the world since time immemorial and it was mostly prevalent in the rural belt of Pakistan. He said the commonly known and frequently tested methods of amicable settlement of disputes were known as jirga and panchayat. These traditional methods, regrettably, seldom receive official recognition or encouragement, he said, adding that due to negative impact on these traditional institutions the formal institutions of justice passed disparaging remarks against some of the decision rendered by jirga and panchayat. He said the other countries especially advanced democracies, borrowed the concept and then developed it on sound footing by extending it official recognition and legislative support, thereby, harnessing its potential to settling a significant portion of claims and disputes through ADR. The CJP pointed out that Islamic law and philosophy also support consensual methods of conflict resolution and dispute settlement. In Sure-e-Al-Hujraat, Sura-e-Al-Nisa, and Sura-e-Al-Namal, there are injunctions to that effect, he added. He said an eminent jurist Stephen York also says, Mediation and conciliation are the methods preferred by the Prophet (peace be upon him) and thus are favoured in the Arab world. Justice Chaudhry further pointed out that in China, trained mediators have long history and were practicing in court mediations. In Iceland, the Saga of Burnt Njal was the story of a mediator, who was so successful that he eventually threatened the local power structure. Latin had a number of terms for mediator that predated the Roman Empire, he added. He said in Pakistan, the frequently used methods of ADR were arbitration and conciliations under various statutes. He said section 89-A of Civil Procedure Code, 1908 read with order X rule 1-A also provides dispute resolution methods. Furthermore, Small Claims and Minor Offences Courts Ordinance, 2002 also provides mechanism for settlement of small claims, not exceeding one hundred thousands rupees and minor offences involving punishment not exceeding three years. The CJP said that in order to promote the ADR mechanism in Pakistan, the National Judicial (Policy Making) Committee was constituted, which was headed by Justice Tassaduq Jillani of Supreme Court and comprised a judge from each provincial high court. The Committee was tasked to arrange for the training of judges in ADR and drafting rules for mediation and conciliation under the Small Claims & Minor Offences Ordinance, 2002. The promotion of various modes of dispute resolution was one of the important objectives of National Judicial Policy, he added. I am well aware of the achievements across the globe in the subject of ADR, like in US more than 80 per cent of the cases get resolved outside court and mediation is preferred mode of settlement. Similarly, in UK, former chief justice of England and Wales played a transformative role in reforming the civil justice system, CJP said. He clarified that the ADR was not adverse to formal judicial system. It was an instrument for the application of equity, rather than insistence on the rule of law. However, the ADR programmes can complement and support judicial reforms and it can increase access to justice for social groups that were not adequately or fairly served by the judicial system by reducing cost and time to resolve disputes, resulting in satisfaction of disputant with outcome, he added. The Chief Justice appreciated the efforts of IFC in promoting ADR system in Pakistan saying there were miles to cover in order to achieve the objectives of the ADR programme in the country. LHC CJ Khawaja Muhammad Sharif said that the concept of dispute resolution was as old as the history of mankind itself. He said Hazrat Adam (peace be upon him) for the first time mediated to resolve a dispute between his sons Habeel and Qabeel. He said all religions advocated the need of mediation in the society in order to achieve the object of peace and tranquillity. ADR techniques can help a lot to resolve the disputes between litigants expeditiously and in less expensive manner without compromising quality of justice, he added. Justice Sharif said in Pakistan, first attempt was made in 1961 with the promulgation of Conciliation Courts Ordinance in order to resolve civil disputes and minor offences through courts by engaging third party intervention. He pointed out that in recent past some provisions were also introduced in Punjab Local Government Ordinance constituting Mosalehat Anjuman and Insaf Committee for resolving disputes at local level. However, I believe that much more is required to achieve the object of inexpensive and expeditious disposal of litigation by adopting mode of alternate dispute resolution through intervention of courts, Justice Sharif said, adding that the LHC had already expressed its vision and willingness to support the process of ADR through courts in order to alleviate the miseries of litigant public. He requested the legal fraternity to devise ways and means to make the ADR system workable in the district courts as well as in high courts suitable to our legal culture and system. He also assured the gathering that the LHC was ready to make every effort in improving the usage of ADR process to dispense quality justice among the masses of the province.