Quaid e Azam Law College Research Society

Writer :Ali shakir

Student at:LL.B Part 2,,Quaid-e-Azam law college lahore pakistan

“The Virtue of justice consists in moderation, as regulated by wisdom.”(Aristotle)

I was too much tensed and was thinking about the draw backs which are affecting our country badly. It is the 66^th year of our personal existence in the world and I am watching Pakistan gradually going below, from 21years. It is very difficult for every patriot to take easy all those dangers which are affecting their country. And whenever I observe even a little progress in the system, my heart realizes that I am saying to the country “YOU WILL GET WELL SOON.”

Lots of my anxieties disappeared when I read an article from a Paper that was something like,

“On August 27, the Peshawar High Court made history when the country’s first-ever mobile court disposed of 28 cases under the Justice on Wheels project — a novel initiative to provide justice to people at their doorstep. While the introduction of such a system for dispensing justice is relatively new in Pakistan, mobile courts have been successful in providing justice in minor crimes and offences in neighboring India and in Bangladesh as well. This reliance on alternative dispute resolution (ADR) mainly focuses on arbitration, making it possible to resolve cases in a speedy manner.

The delays that occur in our judicial decision-making are well known therefore this initiative is laudable.

But although the custom-built buses have gained the attention of the people and the legal fraternity alike, there needs to be more awareness of this project so that it can achieve its proposed end.

The model would soon be replicated in all districts of K-P, and an estimated 48 judges and 72 mediators would be trained under this project by the end of the year. Since a general sense of injustice prevails throughout Pakistan, other provinces should now also consider introducing such a system. However, the success of such a system depends on how amicably the mobile courts are able to resolve long-pending cases to the satisfaction of the parties concerned.”

Published in The Express Tribune, July 30^th, 2013.

It was surprising and great news not only for the people of K.P.K but also for the people of whole Pakistan.

In my life, several times I realized that the public money is being spent on the well being of public only to the extent of construction of roads, fly over, rapid bus service etc. No doubt that these projects are started to facilitate the general public but who will talk about the exploitation and infringement of rights of that general public?

Unfortunately we find majority of people who just feel happy to have bread twice, feel happy to watch beautifully constructed roads and feel happy to reach safe and sound to their homes.

Majority of the people is not educated and a great number of people are not well educated, and this is the impediment in our system which breaks the chain of awareness of our rights and duties in the society.

Rights and duties had been started since the birth of the second human being in this universe.

But now-a-days it has become very difficult to provide justice to the people at their disposal.

When people are least interested then who will look after their rights and duties.

It is THE STATE which has to pay attention to this matter.

A shining example of quick and cheaper justice we have seen recently in K.P.K where the justice has been provided to the people at their door steps.

The country's first ‘mobile court’ in Peshawar decided 30 cases both civil and criminal during its first-ever visit to the city's posh Hayatabad neighborhood.
Starting its journey from the Peshawar High Court (PHC), the ‘mobile court’ bus after covering about 15kms, arrived at the Peshawar Development Authority (PDA) in Hayatabad where the court's formal proceedings began at 10:30am amid security arrangements. In the first case, civil judge-cum-judicial magistrate, Syed Fazal Wadood passed the first verdict within ten minutes in a civil matter as there was a dispute between two property dealers of Hayatabad on payment of commission fee.
The court disposed of the first civil nature case within ten minutes.
Apart from that, mobile court also passed verdicts in 24 cases of criminal nature.
The basic aim of mobile courts is to provide expeditious and low-priced justice to the people. As many people avoid going to courts for justice because of excessive expenses and non-availability of courts in their respective areas. It has been stated that a Well never walks towards the thirsty but it is the thirsty who has to walk towards the Well to make his thirst satisfied, but the mobile courts are working as walking Well, which finds out the needy people and makes them satisfied to the extent of protection of their rights and highlights their duties.

In ancient times, the concept of ‘punchayet’ was used for the quick justice. That concept although exists even now in 21^st century but not on the wider scope. Punchayets were mostly custom based and there are the chances of ignorance of rule of law, as there is not a clear relation between law and morality and the customs of a society could be against the rule of law.

Open court system was also introduced but parties to the cases mostly disagreed or disobeyed the decisions. The environment of open courts was also very unsafe and it was also very difficult to maintain peaceful environment.

Now the question was that from where we find justice?

It is not easy for every person to approach the court. The reason could be the expenses or may be the location of the court as courts are mostly located outside from the populated area. And the constitution is a rights and duties coated document, it protects the rights of every individuals and correspond the duties against the rights. In the particular situation, we have only one option to choose by which the rights of persons can protect, and that option is the same which has been adopted by the government of K.P.K.

Whenever I watch the Bus of mobile court I feel that rule of law and the writ of government is running on the roads.

The best way to utilize money of the people is to enforce law equally by all means. It does not matter that how much money has been spent on these courts but we have to make ourselves protected because taxes that we pay are used in the protection of rights and in the enforcement of rule of law.
The first mobile court in Pakistan has been inaugurated by the PHC Chief Justice Dost Muhammad Khan on 27 July, 2013. The UNDP has been extending financial and technical support to this project.

The UNDP has helped to establish mobile courts in all regions in Hargeisa, Burao, Berbera, Borama and Erigavo, speeding and simplifying access to justice for hundreds of people across Somaliland.

Lawyers from the Somaliland Lawyers Association (SOLLA), the implementing partner organization travel with members of the judiciary and prosecutors to help clients identify their legal claims providing legal assistance as required.

One woman who has benefitted from the mobile courts is 40-years-old Hibo and Haji Yusuf from the Elafweyn District. She says that the mobile court in Erigavo helped her to resolve her case quickly:
“I decided to take my case to a court only when I heard that Erigavo mobile court is coming to Elafweyn. I submitted my case to the mobile court through the Elafweyn District court. Judges from Erigavo Regional Court came and stayed for three days. They heard my case and quickly gave judgment.”

“I did not have enough money to cover expenses if I had filed my case in Erigavo Regional Court. The mobile court came in handy,” explains Hibo.
The mobile courts were established in 2008

Another reference which I found in Paper is written below,

“MANILA, January 4, 2010 – The World Bank and the Supreme Court today inaugurated three new buses converted into courtrooms and mediation centers to augment the Supreme Court’s Justice on Wheels project. Costing PHP 2 million each, the new buses will bring to six the Supreme Court’s mobile courts that have brought courtrooms to municipalities without regular courts, to detention facilities and youth reception centers, and people who live too far from the nearest courthouse.

Chief Justice Reynato Puno, who has actively promoted the use of the buses, says, “We bring the Justice on Wheels mobile courts to areas that are in need of adequate and inexpensive access to justice. With more Justice on Wheels buses, it is possible to bring fast justice that goes direct to a larger number of people.”

Also in India, justice on wheels is running very fast. Few mobile courts have also been set up, the first one in Haryana’s Mewat district.

These have all the powers of usual judicial courts. The Central government has announced that it will provide funds for 7000 mobile courts throughout the country and bear the salary

And allowance expenditure for the first three years after which the responsibility devolves on States. Since these mobile courts are of very recent vintage, it is still too early to judge how they will fare.

No matter how much monetary expenses are of these Mobile courts but the purpose to provide justice at the door steps is being fulfilled through these courts. (Ali Shakir 26-09-2013)

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