justice on wheels project (2).docx

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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)