KARACHI: The Sindh High Court has directed the provincial police chief to constitute a committee to collect details about over 20 jirgas held in the province and asked the judicial magistrates concerned to conduct inquires and take action against the tribal chiefs who are holding such jirgas.

A single-judge bench headed by Justice Salahuddin Panwhar also asked all officers from the rank of deputy superintendent of police to inspector general of police Sindh to submit declaration form about their assets/expenses along with annual income tax returns.

It also directed the IG and home secretary to make efforts for the arrest of absconders and implement Section 8 (police to be organised on functional basis) of Police Order 2019.

At the last hearing, the bench had ruled that act of holding jirgas and passing orders for payment or giving daughters in lieu thereof was a denial to guarantee provided by constitution and directed IG to submit details of jirgas held over the past five years in Sindh.

At the outset of hearing, a report was filed on the behalf of IG which maintained that in the last five years six jirgas were held in Larkana division and one each in Hyderabad and Sukkur divisions.

At this juncture the amicus curiae Nasrullah Korai submitted his interim report and according to his survey around 21 jirgas were held in the province between 2020 and 2023.

“Accordingly, IGP Sindh shall constitute a committee with regard to details of such Jirgas as submitted by Mr Nasrullah Korai, advocate as well as Magistrate concerned shall conduct inquires and proper action shall be taken against the Sardars who are conducting the “Jirga” while bypassing the Criminal Procedure Code and compelling the parties to obey their orders”, the bench in its order said.

It further said that in the area where blood feuds were between two clans, the SSP concerned must call notables/sardars of those clan and get execute bonds of good behaviour and bound them that they will not support their tribe people to take law in their hands or life of any innocent person on the pretext of dispute between two clans.

While looking into the law and order situation of the province and number of absconders and dormant cases, it said that judicial proprietary demanded that IG must ensure compliance of the previous directions of the court in this regard.

“Besides, all officers from the rank of DSP to IGP serving in Sindh Police shall submit declaration form with regard to their assets/expenses, whether directly owned by them or `Benami along-with annual income Tax returns filed by them and the same shall be displayed on police website as access to information is a fundamental right of every citizen”, it added.

The focal person of IG submitted that the provincial government has not complied with Section 8 of Police Order 2019 and the bench noted that this aspect has already been covered by the SHC in order passed in September 2020 and directed the IG and home secretary to implement the same.

In the light of last order, the member inspector team (MIT-II) of SHC filed a report about number of cases kept as dormant files as well as number of witnesses against whom proceedings have been initiated for not appearing before the courts to testify.

According to the report, over 7,700 dormant cases are pending before the district courts of Karachi east, over 6,000 cases each before south and west and over 4,000 each before Malir and central districts of the city.

The bench noted that in Larkana and Sukkur divisions there were around 600 murder cases on dormant files, which means those cases have not been adjudicated rather have been left at the mercy of sardars to decide the fate of those murders through jirgas.

However, those cases are not reflecting the details of deceased persons, therefore, a report shall also include number of absconding accused persons, witnesses and deceased persons, it added.

About absconding accused, the bench said that as per report of IG, around 36,000 accused persons were absconding in Sukkar & Larkana divisions and around 50,000 absconders in Karachi division.

Published in Dawn, May 20th, 2023