Jirga (a panel of elders) is the supreme forum in a Pakhtun society to settle disputes not only between individuals but tribes. Members of the jirga once used to be the tribal chieftains, nobles and notables of the society, scholars and elders with good repute in the locality.

The alternative dispute resolution (ADR) system helped the government, police and judiciary in maintaining law and order by settling thousands of disputes without involving the cops and the courts that were already overburdened. The ADR system exists in many developed countries of the world for speedy and out of the court settlement of disputes between two or more parties. However, in Pakistan and Afghanistan, the system has been more effective for the last many centuries.

Over the last many years, the traditional jirgas gradually lost their sanctity after some infamous characters, criminals and those involved in illegal occupation of properties made their way into these bodies for ulterior motives. This gradual change in the structure of the body shook people’s confidence in the jirga at many places and they started going to the police or adopting another way.

In January 2014, the authorities in the Khyber Pakhtunkhwa set up the first Dispute Resolution Council (DRC) at the Gulbahar police station in Peshawar in an effort to modernise the Pakhtun Jirga, providing support from the concerned police. Care has been taken in inducting people from different walks of life. The DRC at Gulbahar is presently receiving cases from the entire City Circle of Peshawar Police (having 10 police stations).

The second DRC was set up in the Gulberg Police Station to deal with the issues of another ten police stations of the Cantt Circle. Another DRC started working a few months later for the Rural Circle of Peshawar. Presently, there are over 50 DRCs all over Khyber Pakhtunkhwa, with at least one body at the tehsil (sub division) level. There are superior panels in the DRCs which hear the cases already decided by the regular panels but are not acceptable to one or the other party. The members of these bodies work voluntarily in a panel of three for one day a week. The bodies have more impact as compared to the local Jirgas as its offices and jury room are set up inside a police station, a sub divisional officer (DSP or ASP) is its coordinator and the cops summon the other party when a complainant approaches a DRC.

According to Faheem Wali, a senior lawyer of the Supreme Court of Pakistan, the DRCs have recently been given some legal cover by the incumbent government. Once a DRC arrives at a decision it is binding on the parties to honour that though it can be challenged in the court.

"But then the proceedings would only restrict to the legality of the judgment passed. As far as I think it is a vibrant forum to resolve minor disputes by mutual consent and nip the evil in the bud rather than opt for prolonged litigation. Also, it can be equated with proverbially delivering justice at doorstep," adds Faheem Wali.

The senior lawyer says the ADR system is prevalent round the world for settlement of disputes because it saves both money and time. "The DRCs are a mode of resolving disputes by alternative means in an unconventional manner through arbitrators who get authority to decide the matter with mutual consent of the parties. The legal cover of DRCs is a grey area and would remain so because in our legal system, civil court is the ultimate arbiter and that status cannot be taken away," remarks Mohammad Faheem Wali.

A number of judges and lawyers are already part of the DRCs, endorsing the legality of their procedures and attracting more complaints. Presently, six retired judges of the High Court are members of DRCs set up all over the Khyber Pakhtunkhwa.

A retired judge of the Peshawar High Court, Justice Raj Mohammad, is the coordinator for the four DRCs set up for the Nowshera district. "Besides, the head of our DRC in Akora Khattak, Dr Sadiq, is a double PhD scholar who is contributing a lot in settling disputes through his body," the district police officer Nowshera, Rab Nawaz Khan tells The News on Sunday (TNS). The official adds that apart from the jury room, a well-decorated conference room, retiring room for the panelist and an office has been set up for every DRC.

At the provincial level, there are at least 30 lawyers, including members of the Bar Associations, 65 retired civil/army officers including a retired major general, brigadiers, colonels, secretaries, special secretaries, deputy secretaries, additional Inspectors general of police, 39 educationists (retired vice chancellors, principals, head masters and teachers), 21 businessmen, 13 doctors, 64 social workers, 72 local elders of their respective areas and many more from the civil society are contributing to the working of the DRC.

All the regional police officers were directed to ensure that members of the DRCs all over the province are apolitical, having good reputation in the society. Recently, they were directed by the inspector general of police Nasir Khan Durrani to remove all those contesting local bodies’ elections from the DRCs and replace them with those who have nothing to do with any political party.

"The three DRCs in Peshawar have received 882 cases so far. The Cantt Circle is approached for the most number of 583 cases, followed by 264 in City Circle and 35 in the DRC recently set up for the Rural Circle of Peshawar," Senior Superintendent of Police (SSP) Operations, Peshawar, Dr Mian Saeed Ahmad tells TNS. According to the official, 342 cases are already settled by the three DRCs while 675 are still pending. The official informs that women have also been given representation in the DRCs so they not only help settle other issues but especially those related to women.

"Some cases pending for years were settled within few days by the DRC. Like there was dispute over property between two brothers of Hashtnagri for over 26 years. One of the brothers approached the DRC in Gulbahar on April 2 last year and their case was decided by April 6, with both the parties accepting the verdict," informs Dr Saeed.

However, there are hundreds of cases that are still pending for many months due to one or the other reason in different parts of the province. "I approached the DRC at Gulbahar over a year back to settle a money dispute with one fraudster. The case is yet to be settled as I never heard from the DRC people for many months," said Saifur Rahman, a resident of Bhanamari.

The government and the bosses of the Pakistan Tehreek-e-Insaf, ruling the Khyber Pakthunkhwa, seem satisfied with the progress made by these bodies. The PTI chief, Imran Khan, during a visit to one DRC in Peshawar last month hinted at expanding the DRCs to the police station level. The government is also planning to give a legal status to the bodies as presently the body has no authority if one or the other party refuses to accept the verdict. In that case, the complainant can only be referred to the local police to lodge the FIR. Some of the bodies have recently been formed at the police station level to settle disputes at a lower level. Some reports claim that political people were also inducted in these bodies by the concerned DSP and SHOs which can harm its reputation.