Islamic Courts in Swat Providing Quick and Easy Justice to People of Swat Valley

After the announcement of the Nizam E Adal Regulation in District Swat the people in the vally seem to be satisfied and are flocking to The Qazi courts for their cases. BBC’s Reporter Rifatullah Orakzai from Swat has written an Article in Urdu about his experiences in the valley Here is the translation of the article.

Qazi courts in Swat valley have started their work actively, people from all areas of the District Swat are coming to these courts in great numbers and are submitting their applications, while Qazis are giving decision on the cases within 2 – 3 days time only unlike the Pakistan’s present System which takes years and years for cases.

After the peace agreement in Swat already existing seven religious courts have started operation among them 2 are in the Town of Mingora, the head quarter of Swat.

A large number of people were seen in these centers among them there were also several women. There was no Police or Security on the gates of the Qazi courts in the circuit House.

When entered the Regional Qazi Babuzai there were 2 Qazis sitting to gather and were receiving applications from the people. The applicants were standing in shape of a group at about one yard distance from Qazi. Each applicant goes to Qazi at his/her turn and submits the Application and Qazi speaks to the applicant and writes instructions on the application.

Qazi courts are following a very simple procedure for submission and justice. There was no Lawyer with the applicants rather every applicant was speaking in his favor directly with the Qazi and presenting his case. Qazi would than put remarks on the application for the head of the police stations and ask for the answers from police head.

After the Qazis order on application the applicant himself would take the application to Police station and police is bound to bring the second party within a day or 2 in front of the court

Many smaller cases have been taken care of in these new courts. Most of these cases are of trade, land and family maters. Ilaqa Qazi or Regional Judge has powers of a magistrate in Swat.

Mowlana Pirzada Noor Mohammad regional Qazi said most of applications he has received are of civil nature and he tries to make a decision quickly and with mutual agreement of both the parties.

He further emphasized that since this system is new and applet courts are also not yet formed hence it is best to make a decision that is mutually acceptable and decision is made with consensus of both the parties hence no one feels like appealing against the decision.

He said has so far received about 100 applications of which more than 20 have already been cleared while he tries to bring about the decision in 2 to 3 days rather some cases have actually been decided in one day too.

The BBC correspondent reports that there was also some noise in the court too compared to other courts where there is usually complete silence. Some applicants were also talking loudly with the Qazis. Applicants were also shaking hand with Qazi which not seen in standard courts of Pakistan.

On some occasion applicants received phone calls on their cell phone during the hearing of the cases and Qazi or any other official did not stop any one from receiving calls

One applicant Qari Fazal Mola told the reporter that after the Qazi courts in Swat people are quite happy as it was one of the long standing demands of the people of Swat.

He said he had sold a Rickshaw to some one of which 10.000 rupees were remaining and the party was not paying he filed a case in the civil court but nothing happened in 2 & half years while he expects in Qazi court his case will be solved with short time.

He said if this system is implemented successfully it would remind us the time of wali of Swat when court decisions were made quickly and in fact justice was provided to the people at their doorsteps.

The present Qazi courts of Swat are formed under the regulation of Nizam-e-adl of 1997 the NWFP governments announced regulation of Qazi courts has already been approved by the Chief Minister and president Zardari is still to sign the same. According to this regulation an applet court will be established in Malakand which will be equal to High Court.