Above board : PHC vacates stay against Dispute Resolution Councils
Amendments made to Police Order 2002 provide cover for alternative justice system
PHOTO: PHC WEBSITE
PESHAWAR:
After the government rolled out amendments to provide legal cover to Dispute Resolution Councils, the Peshawar High Court finally allowed the alternative mechanism to resume service. With the amendments made to the Police Order 2002, the court on Thursday disposed of all petitions, vacating its stay—in place since May 27—against DRCs.
The bench of Justice Waqar Ahmad Seth and Justice Roohul Amin Khan took up the petitions of Qaiser Khan and three others for hearing. K-P Advocate General Abdul Latif Yousafzai appeared before the court and assisted the bench.
Yousafzai told the court the provincial government had constituted DRCs for the swift resolution of petty offences. He said some people approached the high court against these councils after which a stay order had been granted. “Their function is still suspended.”
As the DRCs were established in the absence of a legal umbrella, the PHC chief justice had suspended their function, stating they could not continue performing by way of an executive order of the IGP, added Yousafzai. However, the advocate general said, “The K-P Assembly recently amended the Police Order 2002 and Section 168-A addresses DRCs. They are now legal and all their decisions have now been given legal cover. The petitions hence hold no legal value.”
According to the section: “The provincial police officer, for out of court amicable settlement of petty nature cases, may constitute DRCs at district, sub-division or police station level, which shall consist of such number of members and shall conduct its business in such a manner as may be prescribed.” It further adds the councils shall be deemed to have been validly constituted under the K-P Police Order (Amendment) Act 2015 and all actions taken, decisions made or directives issued by them shall also be deemed to have been validly taken, made or passed under the law.
The court observed that as its directives were followed, these petitions indeed have no legal value. However, if the petitioners still have concerns, they can challenge the amendment. With this observation, the court disposed the four petitions.
The stay had come into effect when a resident of Hayatabad, Qaiser Khan, had approached the court against a DRC proceeding in a monetary dispute of his.
Qaiser had claimed he was threatened by the council to voluntarily pay the disputed amount, failing which he would be forced to do so. He stated Hayatabad police frequented his house, asking him to appear before the DRC secretary.
Qaiser added the proceedings were illegal as the DRCs had no statutory backing and could therefore not replace the court of law or enforce their decisions.
Published in The Express Tribune, September 18th, 2015.
After the government rolled out amendments to provide legal cover to Dispute Resolution Councils, the Peshawar High Court finally allowed the alternative mechanism to resume service. With the amendments made to the Police Order 2002, the court on Thursday disposed of all petitions, vacating its stay—in place since May 27—against DRCs.
The bench of Justice Waqar Ahmad Seth and Justice Roohul Amin Khan took up the petitions of Qaiser Khan and three others for hearing. K-P Advocate General Abdul Latif Yousafzai appeared before the court and assisted the bench.
Yousafzai told the court the provincial government had constituted DRCs for the swift resolution of petty offences. He said some people approached the high court against these councils after which a stay order had been granted. “Their function is still suspended.”
As the DRCs were established in the absence of a legal umbrella, the PHC chief justice had suspended their function, stating they could not continue performing by way of an executive order of the IGP, added Yousafzai. However, the advocate general said, “The K-P Assembly recently amended the Police Order 2002 and Section 168-A addresses DRCs. They are now legal and all their decisions have now been given legal cover. The petitions hence hold no legal value.”
According to the section: “The provincial police officer, for out of court amicable settlement of petty nature cases, may constitute DRCs at district, sub-division or police station level, which shall consist of such number of members and shall conduct its business in such a manner as may be prescribed.” It further adds the councils shall be deemed to have been validly constituted under the K-P Police Order (Amendment) Act 2015 and all actions taken, decisions made or directives issued by them shall also be deemed to have been validly taken, made or passed under the law.
The court observed that as its directives were followed, these petitions indeed have no legal value. However, if the petitioners still have concerns, they can challenge the amendment. With this observation, the court disposed the four petitions.
The stay had come into effect when a resident of Hayatabad, Qaiser Khan, had approached the court against a DRC proceeding in a monetary dispute of his.
Qaiser had claimed he was threatened by the council to voluntarily pay the disputed amount, failing which he would be forced to do so. He stated Hayatabad police frequented his house, asking him to appear before the DRC secretary.
Qaiser added the proceedings were illegal as the DRCs had no statutory backing and could therefore not replace the court of law or enforce their decisions.
Published in The Express Tribune, September 18th, 2015.