A Justice System is Parallel

 In spite of the occasional disapproval displayed by superior courts, a centuries-old parallel justice system known as "Jirga" continues to exist in some of our society's tribes. In order to bring about peace, the prominent tribal chiefs of a tribe or region intervene in a simmering conflict within their own tribe or between two distinct tribes.

The dispute's underlying causes are taken into consideration by the tribal jury; the deaths and damage to property; determine the aggressor's guilt as well as the victim's loss, and then impose fines accordingly. There is no legal sanction for the tribal Jirga.

Typically, land disputes, a matrimonial match, pair elopement, honor killing, and vengeful retaliation are the causes of the violent conflicts. Occasionally, the parties' animosity is suppressed by the intense pressure of the tribal notables for reconciliation, but the embers of hostility continue to smolder beneath the surface and re-erupt after years of claiming additional lives. Generally speaking, notwithstanding, the gatherings honor the compromise in light of the feeling of dread toward the notables' kickback or certified worries for the security of their more youthful ages.

When minor girls are handed over in retributive justice to the supposedly aggrieved party or when an equally vulgar humiliation is imposed on the aggressor, such as forced marriages, gang rape, and physical dishonor of women of the party found guilty in cases of the elopement of a pair, fornication, and rape, some verdicts pronounced by tribal Jirga typically result in lifelong miseries for a party. The national media recently covered scandalous incidents that tarnished the nation's image.

Sindh's conscious sons and daughters have once more paid attention to the Jirga system. The tragic death of Ahmed Ali Brohi, a young man, in the Larkana district as part of an honor killing has been widely shared on social media for some time. An uncle blamed Ahmed Ali for having ruined the marriage of his little girl by sending unseemly voice messages to her eventual spouse in January 2023. After the girl's medical tests disproved Ahmed Ali's false messages, the family settled the matter. Ahmed Ali was persuaded by the uncle to go with him to seek reconciliation with other relatives who had been offended by his messages. Two months passed after the young man vanished. In an effort to learn more about him or his life, his mother and brothers knocked on every door, carrying the Holy Book on their heads.

While this was going on, prominent people in the area persuaded Ahmed Ali Brohi's parents to sell their lands and other assets and move out of the village before the other party could reveal where he was. They asked the parents to sell their land, house, and other possessions. The parents agreed. A two million rupee down payment was made by them. The uncle was poor and lacked the financial resources to purchase the land. He probably acted as the frontman for wealthy relatives from another town who were interested in the family's land.

After completing all of this, the notables met as a jury to settle the dispute. The uncle and his supporters admitted to the notable jury that they killed Ahmed Ali Brohi and threw his body into the Rohri Canal. For the late Ahmed Ali's parents and siblings, there was no news more shocking or devastating than this.

The uncle and his accomplices were found guilty by the jury after the audacious confession of the heinous crime, and they were fined Rs 5 million. However, it returned the lands and properties to the offended party after deducting the down payment. The late Ahmed Ali's parents decided to seek justice through the courts after rejecting the jury's verdict. After lying dormant for three months, the police finally got to work, filing a FIR and making some arrests. The boy's mother, who was carrying the holy Quran, is still talking to everyone in broken Sindhi, pleading with the government to bring her son's murderer to justice; She wants to witness the execution of his son's killers. Since last week, she has been in Karachi.

She has been referred to as Mai Jindo of 2023 on social media. In an effort to assist a relative in acquiring possession of a disputed piece of land near Hyderabad in 1987 and 1988, the sons of Mai Jindo were murdered by a crazed serving Major. The Mai didn't stop until her sons' murders were brought to justice. She has since turned into a legend for obstruction in Sindh old stories.

Our judicial system's lengthy and expensive proceedings and the police's sluggish and generally flawed investigations are primarily to blame for the Jirga's continued existence. Our session courts' verdicts in civil and criminal cases can be appealed to higher courts, which can also take years or even decades. Throughout all of these years, the parties have wasted all of their assets and savings in the pursuit of litigation.

Due to police investigations that are notorious for extorting money from the aggressor and the aggrieved, most heinous crimes go unpunished for the alleged perpetrators. It alters the case facts, including evidence in favor of powerful parties. The acquittal of the accused is the result of the anomalies and contradictions in the police investigations, which have led to public dissatisfaction with the judicial system. Because of their lack of power and poverty, the general populace is forced to continue being at the mercy of powerful clan leaders, who work with the police to suppress and settle cases involving heinous crimes at their whim.

We earnestly need to upgrade our legal and police frameworks. The Courts of Harmony at each police headquarters endorsed by regulation would give alleviation to feeble individuals like the group of ailing Ahmed Ali Brohi. How much longer will distraught Mai Jindos pursue justice by running from post to post?