PESHAWAR/MINGORA: Courts in the Swat valley stopped functioning on Tuesday after Tehrik Nifaz-i-Shariat-i-Muhammadi chief Maulana Sufi Mohammad said that these courts were against Sharia and their continued functioning would be a violation of the agreement signed by the provincial government. 

It is learnt that 16 judicial officers in Mingora, Swat district and sessions judge (zila qazi), Ayaz Khan; four additional district and sessions judges (izafi zila qazi) and 11 civil judges cum judicial magistrates (ilaqa qazi), did not hold their courts. The seven qazis posted recently in Swat on the directives of Maulana Sufi Mohammad heard cases.

The qazis are: Pirzada Noor Mohammad Shah and Ihsanur Rehman at Babozai area; Rasool Shah and Sajadur Rehman at Kabal; Riaz Ali at Matta; Mohammad Rehman at Khwazakhela; and Umar Ali Khan at Bahrain.

On Monday, Maulana Sufi Mohammad had asked the judges not to come to their courts. ‘The situation is alarming for us and we will take up the issue with the provincial government,’ said a senior official at the Peshawar High Court.

He said that the high court had asked the judicial officers at Mingora to take appropriate measures about conducting judicial work keeping in view the situation. ‘We are worried about the safety of the judges performing duties there,’ the official said.

However, the NWFP cabinet at a meeting held with Chief Minister Ameer Haider Hoti in the chair, expressed satisfaction over the situation in Swat.

It is learnt that Mohammad Rehman, the qazi posted at Khwazakhela, has given a judgment on a case. In a civil dispute between two parties, the qazi directed the respondent to pay Rs17,000 to the applicant and said that Rs20,000 should be paid in four equal instalments.

Sufi Mohammad’s son Rizwanullah Khan told journalists that the judges had taken a wise decision not to attend the court. He said the NWFP government had agreed that Sharia would be the supreme law and the courts would function under it. ‘In sharia there is no room for courts functioning under English law,’ he added.

 The stoppage of work by regular judges has left lawyers without work. Although, judges came to the district courts, they remained idle throughout the day.

A lawyer told reporters that there were 362 active members in the Swat Bar Association, and if the situation persisted they would have to either abandon the profession or move to some other city.

He said that some lawyers had approached Maulana Sufi Mohammad and requested him to allow them to appear in the court. But the Maulana rejected their request and told them that their profession was against Sharia as they pleaded cases under the English law.

 TNSM spokesman Ameer Izzat Khan expressed satisfaction over the decision to set up qazi court and said that it was the outcome of the two-year struggle of the people of Swat.
He said that Dar-ul-Qaza, the appellate forum, would soon start functioning. He added that qazi courts had started functioning and the people should cooperate with them.

Meanwhile Malakand’s Region Commissioner Syed Mohammad Jawed organised a flag march here to demonstrate the government’s resolve to restore its writ in the valley. The march passed through different areas and up to Khwazakhela.

In Peshawar, a meeting of the task force for enforcement of Nizam-e-Adl Regulation in Malakand was held under the chairmanship of chief minister Ameer Haidar Khan Hoti.

The convener of the task force, ANP’s provincial president Senator Afrasiyab Khattak, Information Minister Mian Iftikhar Hussain, Minister for Law and Parliamentary Affairs Arshad Abdullah, home secretary and secretary law attended the meeting. 

The meeting reviewed the steps taken for the enforcement of Nizam-e-Adl and expressed satisfaction over the situation in the valley. ‘The provincial government firmly adheres to the commitment made by it and for this purpose has been working sincerely,’ Mr Hoti said.

He expressed the hope that people’s reservations would be removed after the approval of the Nizam-e-Adl Regulation by the president.