Vision
“And if two factions among the believers should fight, then make settlement between the two”. Surah Al Hujrat Verse 09.
Mission Statement
To facilitate the common man in getting his petty issues resolved amicably through an alternate process of restorative justice involving members of the civil society
Context
The Khyber Pakhtunkhwa province, characterized by ‘Pakhtunwali’ code, has preserved its traditions and culture for centuries. These cultural values, today, find themselves woven in its social fabric. The tradition of resolving disputes amicably through the intervention of ‘
elders’ has been age old and quite a revered one. However, the infestation of militancy and terrorism in this area , not only disrupted the law and order situation, but also destroyed a strong tradition of dispute resolution through reconciliation.
With a mission to revive this revered tradition of dispute resolution through restorative justice, KPK Police has taken this initiative of Dispute Resolution Council.
Need Analysis
The conventional court system of Pakistan, today, finds itself embroiled in a myriad of structural and administrative issues. The civil courts too are excessively over-burdened and under-resourced. Therefore, whenever petty issues involving non-cognizable offences get forwarded to civil courts from the Police, the involved parties find themselves following a long and expensive process of justice. The delay in dispensation of justice, if at all dispensed, causes a feeling of frustration, humiliation and despondency.
Moreover, since such issues (mostly of civil nature) do not get timely resolved, they usually end up in a criminal activity with the aggrieved party taking the law in its own hands. A petty wage issue turns into a criminal act when the aggrieved person attacks the owner. Similarly, a simple divorce or custody issue often ends up resulting in a spate of murders.
Therefore, to bypass the rigmarole of conventional justice system and to formalize the concept of alternate dispute resolution, the role of DRC becomes imperative.
Functions of the Council
1. Amicable resolution of disputes
All applications/complaints, forwarded by the Police department, will be resolved amicably on best-effort basis by the Council. All its decisions will be within the ambit of the law and constitution.
2. Fact finding
In case one of the parties, despite being found at fault, does not opt for amicable resolution, the DRC will send its fact-finding report to the concerned SHO for taking further necessary legal action.
3. To work as an observer/jury in cases of contested investigation
They will participate as independent observers during contested investigations by the Police. The investigating officer, upon conclusion of his investigation, shall share and discuss his findings with the DRC. In case of a dissenting opinion by the jury, it will send its report to District Police Chief for taking necessary legal action in the light of rules and regulations.
Eligibility of DRC Members
- The member should have an apolitical background.
- The member should be mature, experienced and must possess a balanced personality
- The member should be well-respected and well-reputed in his community
Selection of DRC Members
- The District Police Chief in consultation with the civil society will request prominent and well-reputed personalities of the community to join the Council.
- Any person who is interested in becoming a member, may offer his services voluntarily. The District Police Chief, after due verification of his credentials and eligibility, may enlist him in the panel.
Structure of Dispute Resolution Council
- The Council shall consist of 21 members representing a cross -section of the community, including professionals, retired judges, retired civil and military officers, educationists, religious scholars, journalists and businessmen.
- Each Police Station will have a DRC with a minimum of 21 members.
- The Council membership shall be in fluid state, meaning there will be no permanent members and new members can join and leave upon their will.
- If the Council feels that any of the members is not participating fully, it may request the District Police Chief through SDPO to replace them.
- The overall working of DRC will be organized and planned by the Secretary elected/selected from among the members as per the procedure laid down hereafter
- Each Council will be divided into different panels consisting three members each.
- These DRCs will operate in Police stations where a dedicated Jury Room shall be established for their functioning
- A Police officer of the concerned police station will be appointed as a support staff to maintain record of working and decisions of the Council
- This Council will function in close liaison with the concerned SDPO.
Roles & Responsibilities of the Secretary
All willing members shall work as a Secretary to the Council on three-month rotation basis. Following will be the duties of the Secretary:
- Coordination of various activities of the DRC.
- Formation of different panels in consultation with members
- Receiving applications marked to the DRC from the SDPO and refer it to the panel members.
- Preparing timetable and schedule for hearing cases by different panels of DRC.
- Maintaining a proper register containing complete record of all decisions of DRC.
- Changing panel constitution if any of the party in a case has any reservation against member(s) of the panel.
- Arranging a monthly meeting of the DRC for progress update
- Preparing summary report of all activities of DRC for the District Police Chief by the 7th of every month.
Working Modalities of the Council
- The Council will take up only those applications which are referred to it through Police
- A Council member will not take the case on his own, however, may recommend the applicant to the Police. In all such cases, the member will not be a part of the panel.
- An application referred to a panel will be heard by the same panel except under special circumstances.
- If any party has any reservation on decision of the DRC it may apply to the SP for review.
- A 5-member review council, other than the original decision members, will review the finding.
- A Police Liaison Officer, which shall be of ASI and above rank, will be appointed by the concerned SDPO for helping the coordinator in record keeping and other issues of the Council
Code of Ethics for the Council Members
- No Council member would use his position in this Council for any political purpose or his own personal interests.
- The Council members would not mention their position as a Council member on their personal visiting cards.
- If any of the panel members is acquainted with any of the complainants or the accused, he will disclose his conflict of interest and will abstain from sitting on that panel
- If either the complainant or the accused raises any objection against a panel member, he or she will voluntarily withdraw from that panel.
- If any of the Council members becomes an office bearer of a political party, he will withdraw his membership from the Council voluntarily.
Responsibilities of the Police Coordinator
- Summoning both the parties and ensuring their attendance before the DRC.
- Recording statements of the parties and documenting the proceedings.
- Providing guidance/advice to the panel members on legal issues.
Limitations on the Council Members
- The members would not agree to take up any case that is sub-judice unless both the parties give a written consent.
- The members shall not involve themselves in complicated civil cases
- The members would refrain from recommendations that are against the Constitution of Pakistan and the law, for example flogging of one party when found guilty, under age marriages, vani etc.
