Awareness drive needed for mobile courts project

Published August 5, 2013
The mobile court will keep moving in different parts of KP to provide justice at the doorsteps of citizens. —  Photo by PPI
The mobile court will keep moving in different parts of KP to provide justice at the doorsteps of citizens. — Photo by PPI

A custom-built bus emblazoned with the words ‘Mobile Court’ on its sides on the premises of Peshawar High Court was the focus of attention of the visitors including judges, lawyers, journalists and others. Like some other innovative judicial projects in Khyber Pakhtunkhwa, the rolling out of the first mobile court of the country in Peshawar drew international attention and was given wide coverage by the national and international media.

The beaming Peshawar High Court Chief Justice Dost Mohammad Khan, who is the moving spirit behind this project, went through different portions of the specially designed bus during its inauguration ceremony on July 27. He was visibly jubilant as despite several hurdles and non-cooperation of the provincial government the project was finally materialised.

When initially Justice Dost Mohammad Khan made public this idea after becoming PHC chief justice in Nov 2011, the critics believed that such projects could not be implemented. He stated that the mobile court project was an endeavour to make the judicial system accessible to people in remote and backward areas. He said that instead of people coming to court the mobile courts would go to the people to provide them justice.

For the launching of the project, the first of its kind in Pakistan, the United Nations Development Programme (UNDP) extended major financial and technical support to PHC. The UNDP played important role in the designing of the mobile court bus, which is prepared with a cost of around Rs15 million.

The country director of UNDP, Marc Andre, and its other representatives also attended the ceremony and expressed their resolve to support judiciary in its aim of strengthening rule of law in the country and province.

Earlier, UNDP had also supported the project of Khyber Pakhtunkhwa Judicial Academy, which was set up last year.

Under the present project, the high court intends to set up 11 mobile courts in the province. Four of the courts would be set up in the central districts, two each in Hazara and southern districts and three in Malakand division.

While the idea of mobile courts or ‘justice on wheel’ as called in other countries is new in Pakistan and certain quarters have also been looking at it with skepticism, the idea is not new in Asia.

Mobile courts have successfully been functioning in Philippines, India and Bangladesh. This idea was first materialised in Philippines where the first mobile court was launched in Dec 2004 under the ‘justice on wheel’ project.

The then chief justice of Philippines, Hilario G. Davide, Jr. had borrowed the idea from Guatemala where two mobile courts were launched in 2003. He was given a briefing about the mobile courts during his visit to Guatemala. Initially, the mobile courts there were tasked to deal with cases of juveniles in conflict with law. Later on, the jurisdiction of mobile courts was extended and several other issues were also assigned to it.

Similarly, in India the first mobile court was inaugurated in Aug 2007 in Haryana by the then chief justice of India, K. G. Balakrishnan. Subsequently, mobile courts were set up in several other states of India. In the inaugural ceremony the Indian chief justice stated that unless speedy awareness drive needed for mobile courts project and inexpensive justice was provided to each and every person, their judicial system would remain incomplete. He had hoped that the project would ensure justice to poor, illiterate and backward people.

In Pakistan, prior to the launching of the project, a five-member delegation of judicial officers had gone to Philippines in Feb this year to examine the functioning of mobile courts there. The said delegation consisted of director general of Khyber Pakhtunkhwa Judicial Academy Hayat Ali Shah, an additional district and sessions judge presently serving as director of PHC Human Rights Directorate (female), Riffat Amir, an additional sessions judge Inamullah Wazir and two civil judges, Fazal Wadud and Nadia Syed.

Around a year ago, the high court had prepared drafts of two proposed laws -- Criminal Mobile Courts Act, 2012, and Civil Mobile Courts Act, 2012 -- and sent the same to the provincial law department for proper legislation. The two draft laws also provides for Alternate Dispute Resolution (ADR) stating that subject to law, the court may resort to any mode of ADR as deemed fit in the circumstances of the case.

The high court is expecting that the provincial government would enact the said two proposed laws at the earliest which would provide clarity about the functioning of the mobile courts.

Important offences and laws provided in the schedule of the proposed criminal law are: The consumers Protections Act, 1997; The West Pakistan Motor Vehicles Ordinance 1965; The Pakistan Environmental protection Act 1997 to the extent of offences falling within in the jurisdiction of environmental magistrate; Pure Food Ordinance; The Sugar Distribution Order 1960; The Wheat Movement (Control) Order 1978; The Illegal Dispossession Act 2005; The Prevention of Gambling Act 1977; Protection of Non-smokers Health Ordinance 2002; Canal and Drainage Act; etc.

“The idea of mobile courts is very novel and must be appreciated. It is still in infancy and will take some time to reach to the grassroots,” said Shahnawaz Khan, an advocate of the high court.

He said that several things still needed some clarity including the jurisdiction of those courts. Moreover, he said, in India massive awareness campaign was launched regarding the mobile courts and the government and judiciary here should also follow that practice so as to make the people in far flung areas aware about functioning of those courts.

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