The
Supreme Court on Friday taking strong notice of an incident of Wani or
Swara (exchange of females as compensation to settle feuds) observed
that how could a parallel judicial system was still existing in Sindh
province through jirga system. A three-Judge bench of Chief Justice
Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice
Ghulam Rabbani on a plea moved by Samar Minallah regarding a case of
Swara/Wani in Sukkar area, ordered the trial court to proceed in the
case and decide it within three months after submission of challan.
Disposing of the case, the bench directed that the progress report should be submitted before the Registrar office.
Advocate General Sindh Abdul Fatah Malik apprised the bench that four people were murdered in 1999 but a nine-member jirga settled the issue recently by ordering that 12 girls aged between 8 to 15 years should be handed over to by the tribe of murderers to the aggrieved families, besides imposing a fine of Rs 2.7 million.He apprised that two member of the jirga including father of four girls and son of chieftain (Wadera) were arrested while the others had fled.
He said wadera Muhammad Murad was also arrested by the police.
Malik said in Sindhi dialect ‘tanu’ accusing someone of a crime was considered a great insult and the girls were given in lieu to remove such blame.
Aitzaz Goraya, DPO, apprised the bench that they had been making efforts for the arrest of the accused.He said they had also recorded statement of Irshad, a 15-year old girl.
Samar Minallah appeared and said that the custom was violation of PPC 3(10)(a) and a judgment of Sindh High Court. APP
Advocate General Sindh Abdul Fatah Malik apprised the bench that four people were murdered in 1999 but a nine-member jirga settled the issue recently by ordering that 12 girls aged between 8 to 15 years should be handed over to by the tribe of murderers to the aggrieved families, besides imposing a fine of Rs 2.7 million.He apprised that two member of the jirga including father of four girls and son of chieftain (Wadera) were arrested while the others had fled.
He said wadera Muhammad Murad was also arrested by the police.
Malik said in Sindhi dialect ‘tanu’ accusing someone of a crime was considered a great insult and the girls were given in lieu to remove such blame.
Aitzaz Goraya, DPO, apprised the bench that they had been making efforts for the arrest of the accused.He said they had also recorded statement of Irshad, a 15-year old girl.
Samar Minallah appeared and said that the custom was violation of PPC 3(10)(a) and a judgment of Sindh High Court. APP
