KARACHI: The Sindh High Court has directed the police to register a case against several members of a jirga, including a chieftain, for imposing illegal and discriminatory penalties on a man who had tied the knot with a woman on their free will.
Sania Zehra and her husband Atif Ali filed a petition before the SHC and submitted that they had married on their free will, but her father lodged a kidnap case against Atif at the Malir Cantt police station.
A two-judge bench comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon also quashed the said FIR against the couple and directed the police to file a summary report before the judicial magistrate concerned for disposal of the case.
It ruled that law enforcement agencies are obliged to take action against those who organise or participate in such jirgas.
The petitioners alleged that local chieftain Rasees Qurban Ali Magsi convened a jirga on Oct 12, which imposed a fine of Rs1.5 million on Atif’s family and ordered them to compensate the woman’s family by offering a girl in marriage.
The bench noted that the woman told the police that she was an adult and had contracted a valid marriage with Atif and that the FIR lodged by her father was fabricated.
The court expressed concern that, despite the illegality of these actions, local authorities and police had taken no action.
It cited a landmark 2019 Supreme Court judgement declaring jirgas illegal, citing violations of international human rights laws and the Constitution of Pakistan, and emphasising the importance of equal protection, due process, and fair trial, often denied in jirga proceedings.
The bench directed the SSP concerned to file an FIR against those involved in holding the jirga and to bring the culprits to justice.
The court directed the inspector general of police (IGP) to review the matter and take prompt disciplinary action against all police officials of the district and concerned police station who failed to curb the illegal practice of holding jirgas.
Published in Dawn, November 1st, 2024
