A custom-built bus emblazoned with the words “Mobile Court” is parked on the premises of the Peshawar Judicial Complex as it has been non-functional since Dec 7, 2013, when it last visited an area on the outskirt of the provincial capital. The mobile court, first of its kind in the country, was inaugurated almost a year ago on July 27 by then Peshawar High Court chief justice Dost Mohammad Khan, now a judge of the Supreme Court.

The spacious coach comprises several portions, including a small courtroom, judge’s chamber, driver’s cabin, litigants’ waiting section, etc. The fully air-conditioned coach has three modes of provision of electric power – from generator, a solar energy panel and from normal electricity connection when it is parked. The green coach was prepared at a cost of Rs15 million with the financial support extended by the UNDP.

Under the project, the judicial officers and other court officials would visit faraway areas in different districts and decide cases there so as to provide justice to people at their doorstep.

The high court was planning to set up 11 mobile courts in the province. Four of the mobile courts had to be set up in the central districts, two each in Hazara and southern districts and three in Malakand division.

Following its inauguration, three visits of the mobile court were arranged in Peshawar. These visits were conducted on Aug 27, Sept 19 and Dec 7, 2013 in Hayatabad, Tarnab Farm and Daudzai areas, respectively. A civil judge-cum judicial magistrate Fazal Wadud Khan, who was designated as judge mobile court, had heard over 100 cases during those visits. Several longstanding disputes were resolved through alternative dispute resolution (ADR) mechanism with the help of trained mediators.

This innovative project “Justice on wheel” was the brainchild of Justice Dost Mohammad Khan who took it upon himself to materialise the plan. The project has also earned appreciation from the National Judicial Policy Making Committee (NJPMC) in one of its meetings this year.

A meeting of the NJPMC, chaired by then chief justice of Pakistan Tassaduq Hussain Jillani, in March this year was briefed about the working of the mobile courts established in Khyber Pakhtunkhwa. The committee was informed that the project was aimed at expeditious justice by resolving disputes at local level through ADR mechanism. The committee had termed it a unique experience in Pakistan.

However, despite all these developments the successive governments have not been extending support to this project. One of the major hurdles in the functioning of the mobile court is lack of legislation in its support. The PHC had drafted two bills and sent it to the previous provincial government led by Awami National Party in 2012. Due to the indifference of that government the bills were not tabled in the assembly.

Subsequently, the present government led by Pakistan Tehreek-i-Insaf came to power after May 2013 general elections, but so far no progress has made in this regard.

PHC Chief Justice Mazhar Alam Miankhel on Saturday expressed the hope that the government would enact laws in near future following which the mobile courts would resume functioning in the province. The two proposed laws include Criminal Mobile Courts Act, 2012, and Civil Mobile Courts Act, 2012. The drafts of these laws provide that these laws would be extended to such areas of Khyber Pakhtunkhwa as the government in consultation with the high court’s chief justice notifies from time to time.

The draft suggests that the government in consultation with the high court may establish one or more courts in each district or at any such other place or places as it may deem necessary. Such courts will hold sittings at town/union councils/police stations or other places specified by the high court on rotation basis as may be directed by the district judge.

The two drafts also provides for 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 court shall be assisted by one or two advocates and elders of locality having professional skills of resolution of disputes through ADR.

Under the proposal, appeal against order of the mobile court could be filed with the court of district judge within 15 days of the passing of decree or final order by the court.

In the draft concerning criminal mobile courts it is provided that the court shall have exclusive jurisdiction to try cases and offences specified in the schedule of the proposed law. The schedule includes around 31 laws and offences in which these courts will be having jurisdiction.

Another major impediment to the functioning of such courts is the deteriorating law and order situation in the suburban areas of Peshawar as well as other districts. Targeted killings of police officials and explosions through improvised explosive devices in cases of extortion continue unabated. In such a situation arranging visits of the mobile court to any rural area is a challenging job.

Legal experts believe that the provincial government should enact the relevant laws at the earliest so as to provide legal backing to the functioning of these courts. They believe that these courts would be helpful especially in such areas of the province where regular courts are situated in district and tehsil headquarters far away from villages.

Published in Dawn, July 21st, 2014