Speedy justice: K-P to table legislation on mobile courts

If passed, the buses will soon hit the roads in every district of the province

PESHAWAR:

After a wait of nearly two years, Pakistan’s first mobile court is now awaiting its legal framework to be formalised. After its last trip to Daudzai village on Charsadda Road in December 2013, the vehicle has remained in lockdown at Peshawar Judicial Complex’s parking facility.

However, as the final draft of the Establishment of Civil Mobile Courts Act 2015 is finally done and dusted, the court will soon hit the roads of K-P once again. After being tested in the provincial capital nearly a year and a half ago, the initiative is likely to be expanded to every district of the province.

The draft, a copy of which is available with The Express Tribune, is expected to be tabled in the provincial legislature over the next few days.

All aboard

The courts will hear civil cases on a rotation basis at police stations and in tehsil, neighbourhood and village councils as directed by the district judge or any other place specified by the high court. All suits and claims that do not exceed Rs200,000 in value (for the purpose of jurisdiction) will be tried within the confines of the state-of-the-art vehicles.

If the government is party to any such litigation, the mobile court may hear the case at the district headquarters. “This court will have all the authority under the Code of Civil Procedure 1908 and can summon witnesses, compelling production of documents and local inspection. The court may also initiate proceedings based on information received,” Section 8 of the final draft states.

Appeals

It further adds an appeal against the mobile court’s decree can be filed with the district judge within 60 days of passing of the verdict. The aggrieved party can file a review of the order within 30 days of its passing. However, a decree passed with consent of all involved parties cannot be challenged, revised or reviewed.

The court holds jurisdiction over 12 kinds of suits, including recovery of money due by contract, receipt of documents, compensation and redemption of mortgaged property.

In hindsight

Two years ago, the project was initiated under the patronage of former PHC chief justice Dost Muhammad Khan. He inaugurated the initiative on July 27, 2013.

The project, funded by the UNDP, is aimed at strengthening the faith of the people in the judicial system by speedily resolving minor disputes at the doorstep of those who cannot afford legal proceedings. The focus was on petitions of petty cases that have been piling up on the high court dockets for years.

Keeping local dispute resolution customs into consideration, the K-P Judicial Academy trained special judges and mediators, known as “friends of the court”, who would travel to remote areas and provide justice to the underprivileged.

Pending laws

With respect to mobile courts, the Peshawar High Court sent two bills of civil and criminal laws to be approved by the K-P Assembly. They were tabled during the Awami National Party government in 2012 but are yet to be taken up by the incumbent government.

Published in The Express Tribune, May 12^th, 2015.