The tribal courts generally known as Jirga system are flourishing in Sindh and Balochistan where half lettered landlords, feudal chiefs, Sardars, tribal influential  preside over voluntary gatherings of the parties involved in a dispute over landed property, some matrimonial match,  honour killing, eloping of a couple, trespassing, threat, aggressive pasturing, harassment, robbery, theft, plunder of a standing crop, vengeance etc. The arbiter is selected by the parties keeping in view of his good reputation. As a result, he enjoys the trust of both groups. He selects his advisors from amongst the crowd, and asks the parties to name their pleaders, and witnesses. 

With a view to giving an aura of serenity and sanctity to the proceedings, some verses from the holy book are recited. This reassures the crowd of the arbiter’s impartiality conveys a message that justice would be done to the aggrieved party. The crowd remains spellbound and watches the proceedings with patience and seriousness. Nobody is allowed to interrupt any advisor or witness. After his statement, the audience can seek clarification about a point or a reference to an event or a person or make some additions.  

Neither these tribal courts have any legal support, nor are their decisions enforceable in any court of law. A few powerful arbiters enforce their decisions by sheer their social status and influence. Those decisions, mostly, relate to the settlement of disputes within their tribe making it convenient for them to implement them. In majority cases, the decisions remain unimplemented and, sometimes, exasperate the enmity between the tribes.

The Jirga decisions are not based on any law or........

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