justice on wheels project (2).docx
TRANSCRIPT
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The Virtue of justice consists in moderation, as regulated
by wisdom.(Aristotle)
I was too much tensed and was thinking about the draw backs
which are affecting our country badly. It is the 66thyear of our
personal existence in the world and I am watching Pakistan
gradually going below, from 21years. It is very difficult for
every patriot to take easy all those dangers which are affecting
their country. And whenever I observe even a little progress in
the system, my heart realizes that I am saying to the country
YOU WILL GET WELL SOON.
Lots of my anxieties disappeared when I read an article
from a Paper that was something like,
On August 27, the Peshawar High Court made historywhen the countrys first-ever mobile court disposed of 28cases under theJustice on Wheels projecta novelinitiative to provide justice to people at their doorstep.
While the introduction of such a system for dispensingjustice is relatively new in Pakistan, mobile courts havebeen successful in providing justice in minor crimes andoffences in neighboring India and in Bangladesh as well.This reliance on alternative dispute resolution (ADR)mainly focuses on arbitration, making it possible to resolvecases in a speedy manner.
The delays that occur in our judicial decision-making arewell known therefore this initiative is laudable.
http://tribune.com.pk/story/596893/justice-on-wheels-the-busmans-court-in-peshawar/http://tribune.com.pk/story/596893/justice-on-wheels-the-busmans-court-in-peshawar/http://tribune.com.pk/story/596893/justice-on-wheels-the-busmans-court-in-peshawar/http://tribune.com.pk/story/596893/justice-on-wheels-the-busmans-court-in-peshawar/ -
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But although the custom-built buses have gained theattention of the people and the legal fraternity alike, thereneeds to be more awareness of this project so that it can
achieve its proposed end.The model would soon be replicated in all districts of K-P,and an estimated 48 judges and 72 mediators would betrained under this project by the end of the year. Since ageneral sense of injustice prevails throughout Pakistan,other provinces should now also consider introducing sucha system. However, the success of such a system dependson how amicably the mobile courts are able to resolvelong-pending cases to the satisfaction of the partiesconcerned.
Published in The Express Tribune, July 30th, 2013.
It was surprising and great news not only for the people of
K.P.K but also for the people of whole Pakistan.
In my life, several times I realized that the public money is
being spent on the well being of public only to the extent ofconstruction of roads, fly over, rapid bus service etc. No doubt
that these projects are started to facilitate the general public but
who will talk about the exploitation and infringement of rights
of that general public?
Unfortunately we find majority of people who just feel happy to
have bread twice, feel happy to watch beautifully constructedroads and feel happy to reach safe and sound to their homes.
Majority of the people is not educated and a great number of
people are not well educated, and this is the impediment in our
system which breaks the chain of awareness of our rights and
duties in the society.
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Rights and duties had been started since the birth of the second
human being in this universe.
But now-a-days it has become very difficult to provide justice to
the people at their disposal.When people are least interested then who will look after their
rights and duties.
It is THE STATE which has to pay attention to this matter.
A shining example of quick and cheaper justice we have seen
recently in K.P.K where the justice has been provided to the
people at their door steps.
The country's first mobile court in Peshawar decided 30 cases
both civil and criminal during its first-ever visit to the city's posh
Hayatabad neighborhood.
Starting its journey from the Peshawar High Court (PHC), the
mobile court bus after covering about 15kms, arrived at the
Peshawar Development Authority (PDA) in Hayatabad where
the court's formal proceedings began at 10:30am amid security
arrangements. In the first case, civil judge-cum-judicial
magistrate, Syed Fazal Wadood passed the first verdict withinten minutesin a civil matter as there was a dispute between two
property dealers of Hayatabad on payment of commission fee.
The court disposed of the first civil nature case within ten
minutes.
Apart from that, mobile court also passed verdicts in 24 cases of
criminal nature.
The basic aim of mobile courts is to provide expeditious andlow-priced justice to the people. As many people avoid going to
courts for justice because of excessive expenses and non-
availability of courts in their respective areas. It has been stated
that a Well never walks towards the thirsty but it is the thirsty
who has to walk towards the Well to make his thirst satisfied,
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but the mobile courtsare working as walking Well, which finds
out the needy people and makes them satisfied to the extent of
protection of their rights and highlights their duties.
In ancient times, the concept of punchayetwas used for thequick justice. That concept although exists even now in 21st
century but not on the wider scope. Punchayets were mostly
custom based and there are the chances of ignorance of rule of
law, as there is not a clear relation between law and morality and
the customs of a society could be against the rule of law.
Open court systemwas also introduced but parties to the cases
mostly disagreed or disobeyed the decisions. The environmentof open courts was also very unsafe and it was also very difficult
to maintain peaceful environment.
Now the question was that from where we find justice?
It is not easy for every person to approach the court. The reason
could be the expenses or may be the location of the court as
courts are mostly located outside from the populated area. And
the constitution is a rights and duties coated document, itprotects the rights of every individuals and correspond the duties
against the rights. In the particular situation, we have only one
option to choose by which the rights of persons can protect, and
that option is the same which has been adopted by the
government of K.P.K.
Whenever I watch the Busof mobile courtI feel that rule of
law and the writ of government is running on the roads.The best way to utilize money of the people is to enforce law
equally by all means. It does not matter that how much money
has been spent on these courts but we have to make ourselves
protected because taxes that we pay are used in the protection of
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rights and in the enforcement of rule of law.
The first mobile court in Pakistan has been inaugurated by the
PHC Chief Justice Dost Muhammad Khan on 27 July, 2013. The
UNDP has been extending financial and technical support to thisproject.
The UNDP has helped to establish mobile courts in all regions
in Hargeisa, Burao, Berbera, Borama and Erigavo, speeding and
simplifying access to justice for hundreds of people across
Somaliland.
Lawyers from the Somaliland Lawyers Association (SOLLA),
the implementing partner organization travel with members of
the judiciary and prosecutors to help clients identify their legal
claims providing legal assistance as required.
One woman who has benefitted from the mobile courts is 40-
years-old Hibo and Haji Yusuf from the Elafweyn District. She
says that the mobile court in Erigavo helped her to resolve her
case quickly:
I decided to take my case to a court only when I heard thatErigavo mobile court is coming to Elafweyn. I submitted my
case to the mobile court through the Elafweyn District court.
Judges from Erigavo Regional Court came and stayed for three
days. They heard my case and quickly gave judgment.
I did not have enough money to cover expenses if I had filed
my case in Erigavo Regional Court. The mobile court came inhandy, explains Hibo.
The mobile courts were established in 2008
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Another reference which I found in Paper is written below,
MANILA, January 4, 2010The World Bank and the
Supreme Court today inaugurated three new buses
converted into courtrooms and mediation centers toaugment the Supreme Courts Justice on Wheels project.
Costing PHP 2 million each, the new buses will bring to six
the Supreme Courts mobile courts that have brought
courtrooms to municipalities without regular courts, to
detention facilities and youth reception centers, and
people who live too far from the nearest courthouse.
Chief Justice Reynato Puno, who has actively promoted
the use of the buses, says, We bring the Justice on
Wheels mobile courts to areas that are in need of
adequate and inexpensive access to justice. With more
Justice on Wheels buses, it is possible to bring fast justice
that goes direct to a larger number of people.Alsoin India, justice on wheels is running very fast. Few mobile
courts have also been set up, the first one in Haryanas Mewat
district.
These have all the powers of usual judicial courts. The Central
government has announced that it will provide funds for 7000
mobile courts throughout the country and bear the salary
And allowance expenditure for the first three years after whichthe responsibility devolves on States. Since these mobile courts
are of very recent vintage, it is still too early to judge how they
will fare.
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No matter how much monetary expenses are of these Mobile
courtsbut the purpose to provide justice at the door steps is
being fulfilled through these courts. (Ali Shakir 26-09-2013)