The Supreme Court on Tuesday issued directives to chief secretaries and Inspectors General of Police (IGP) of four provinces and IGP Islamabad to look into the matter whether any jirga was held under their jurisdiction where girls were married with the sole purpose of settling personal enmities.
A three-member bench led by Chief justice Iftikhar Muhammad Chaudhry was hearing a petition filed by National Commission on the Status of Women (NCSW) Chairperson Anis Haroon. The petitioner has urged the court to declare the prevalent jirga system in the country as illegal, unlawful and against the canons of law, which must be prohibited and stopped immediately.
The bench ordered all the police chiefs and chief secretaries to take measures against those involved in such heinous acts of crime through jirgas without any fear and favour to curb the menace. The police of all the four provinces and federal capital have also been directed to submit comprehensive reports, showing the number of cases registered under Section 310A of Pakistan Penal Code (PPC); and the number of challans submitted before the trial courts in this regard.
Meanwhile, the bench took serious note of a lack of action against those who gang raped a girl. A student of Intermediate was gang raped by five persons, including two police constables, in Sheikhupura four days ago. The bench directed IGP Punjab to proceed in the matter and find out why the culprits were still at large and report back to registrar SC chamber within three days.
The office is directed to circulate the apex court order dated 24th April 2006 among the registrars of High Courts and through session courts to general secretaries of the district bars to assist the complainant victims whenever such case are registered under Section 310A of PPC in their respective districts.
During the hearing, Chief Justice Iftikhar Muhammad Chaudhry said the provincial and the federal governments had become weak as lawlessness was increasing and "it seems that we are living in the stone-age." He said it was the responsibility of the government to maintain law and order.
The petitioner appearing in person before the bench revealed that 87 cases of Jirgas were reported in Sindh during one year and 26 cases of vani were witnessed. She requested the bench to issue strict directives. Anis Haroon has requested the bench that all such actions taken, proceedings conducted and orders passed by any Jirga, Panchayat or similar bodies be declared null and void and appropriate actions be taken against all such culprits who have participated, aided, abetted in such illegal activities.
She pleaded that respondents be directed to frame, amend and implement constitutional provisions and penal laws relating to illegal practices of Jirgah/ Panchayats. Samar Minallah stated there should be accountability process for the police. She said now the locals were raising voice against Vani and Swara after the apex court had taken the case.
On March 16 the Supreme Court issued notices to the respondents including chief secretaries of all provinces, interior secretary and attorney general for Pakistan. No one appeared before the bench. Therefore, the office was directed to issue the notices again. The hearing was adjourned till April 12.