Once again, the civil administration is caught wrong-footed and ill-prepared. The JuD is careful to call the arrangement an “arbitration service” but this fools nobody. It is also careful to point out that nobody is compelled in law to abide by the decisions that are made. Despite this, a prominently displayed poster on the wall of one of the ‘courtrooms’ claims that the verdict delivered therein is of equal weight to any delivered by the Supreme Court and that decisions which are issued on the basis of arbitration are ‘allowed’ — which is not the same as being binding — under national and international law. This is disingenuous to say the least and represents a dangerous encroachment on the writ of the state. There are many flaws in the formal justice system in Pakistan and justice for the common man is often an elusive goal. That does not justify or mandate the setting up of a parallel justice system. The JuD, with its wealth and logistical ability, has once again been able to challenge the rule of law. But it will take spine to stop the rot.
Published in The Express Tribune, April 15th, 2016.
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