ISLAMABAD - The jirga system prevalent in most parts of the country is against fundamental human rights and should only be limited to deal with civil cases, remarked Chief Justice of Pakistan Justice Mian Saqib Nisar.
The top judge made these remarks on Thursday while hearing a case against vani and swara, the system under which girls are married against their will to settle murder and other disputes. During the hearing, Justice Ijazul Ahsan said majority of these jirgas are held in Khyber Pakhtunkhwa and Balochistan.
However, the chief justice observed that jirgas and Panchayats cannot have the legal authority to give girls in vani or announce capital punishment.
Jirgas and Panchayats can deal with minor civil cases only and if they are approached for the purpose then that would be fine, Justice Nisar said.
He said some people took the cases to Jamaat-ud-Dawa that imposes heavy fines, which is illegal.
The chief justice remarked that he would ask the government to draft a law and send it to the Parliament for approval as it has the authority to approve or reject laws. He also asked the additional advocate general if provinces had made any laws banning the jirga system. To which, the additional advocate general said Sindh High Court had already declared the jirga system illegal.
