Jirga rulings on criminal cases 'against fundamental human rights': CJP

E-Paper | March 11, 2026

Chief Justice of Pakistan Mian Saqib Nisar on Thursday deemed the jirga system "against fundamental human rights" and recommended that its scope be limited to civil cases only.

The incumbent chief justice made those remarks while hearing a vani and sawara (marriage of underage girls against their will to settle murder and tribal disputes) case first taken up in 2005 during former chief justice Iftikhar Mohammad Chaudhry's tenure.

"The jirga system is against fundamental human rights," Justice Nisar said. "Jirga and panchayat (tribal councils) cannot have the right to vani girls and award capital punishments.

"Some people take their disputes to Jamaatud Dawa, which then imposes heavy fines. This is illegal," the top judge warned.

The chief justice defined the limit of a jirga's legal powers and jurisdiction, saying: "Jirga and panchayat can only settle minor civil disputes. If they are approached in such cases then that's fine. However, jirga rulings on criminal cases intrude on the legal jurisdiction of Pakistani courts."

Justice Nisar asked the advocate generals whether any legislation in this regard had been done at the provincial level.

The chief justice also urged the federal government to take remedial action, "draft a law and send it to parliament.

"Only parliament [then] can pass or reject such a law," he added.

An additional advocate general told the chief justice that "the Sindh High Court has already declared the jirga system as illegal."

At this, Justice Ijazul Ahsan added: "KP and Balochistan have the most number of jirgas."

The National Commission on the Status of Women made its recommendations on the issue, recommending the apex court to not let jirgas and panchayats "assume the jurisdiction of a civil or a criminal court without any lawful authority".

The commission also urged the court to direct the federal govt to make the practice of settling civil and criminal disputes by offering women in marriage "a cognizable offence with at least a minimum punishment of five years".

Moreover, it said that in case an illegal decision is made by a jirga, the offender as well as the members of the jirga "shall be held responsible jointly for the offence".

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SkyHawk

Aug 30, 2018 03:08pm

Too little too late.

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nazir

Aug 30, 2018 03:08pm

There must be a law to resolve most of the cases at union council level. However if someone or a party is still unhappy or does not agree with the decision he can approach then court of law at district level.

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Fahre Afghan

Aug 30, 2018 03:14pm

better worry about the 40000 pending cases. Jirga, however crude is 1000s of years old proven justice system.

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saksci

Aug 30, 2018 04:25pm

It should be totally outlawed, it is no justice for poor people rich landlords now run the justice system and they also get elected for national assembly by controlling poor illiterate population outside the big cities.

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saksci

Aug 30, 2018 04:26pm

@Fahre Afghan Yes if you are landlord controlling illiterate population.

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Irfan

Aug 30, 2018 04:46pm

This is Afghan culture, send them back

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ahmad

Aug 30, 2018 05:08pm

agrees 100%

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AZAM AKBAR

Aug 30, 2018 05:23pm

Jirga and Panchayat systems habe nothing to do with the humanity. Mostly members of Jirga and Panchayat are uneducated and illiterate. It is beyond expectation that they do justice. These both systems should be abolished as soon as possible.

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wsyed

Aug 30, 2018 08:04pm

It is about time to abolish the system of feudal and ignorant law everywhere. Many crimes are being committed in the name of Islam and tribal tradition. CJP is a brave man.

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Amjad Durrani Engineer USA

Aug 30, 2018 08:38pm

I am really elated by CJP’s taking notice of this medieval practice wherein outright abuse of human right is carried out in the name of imparting justice by a group of totally ignorant, illiterate, & downright primitive & impartial application of tribal, clan or beradari worn out customs and taboos, without due process of law of evidence. There has been instances that these jirgas / punchaiats have passed on ruling to kill those who married each other per their choice, or getting the female member raped by members of the affected party in response to similar crime committed by their sons or handing over underage girl as compensation for crime by any party. This has been going on unabated because we have had these very people sitting in our assemblies, who being tribal chiefs or others, still maintained the status quo of this age old absurdity despite existence of courts established as per constitutional framework to impart justice to affected parties. The recent move by CJP is welcomed

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Saif Zulfiqar

Aug 30, 2018 09:42pm

Jirga and Punchayats should be banned throughout the country.

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Haris

Aug 31, 2018 01:16am

@Fahre Afghan: Firstly, this vani case is one of the 40,000 cases. Secondly, send back the Jirga elite to where they actually belongs, i.e. send them 1000 years back.

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Asif A. Shah

Aug 31, 2018 02:32am

It is a good recommendation by the Chief Justice of the Supreme Court of Pakistan to bring a primitive section of Pakistani people into the modern world.

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