Pakistan

Jamaat-ul-Dawa (JUD) was banned by Pakistan government once the organization was put under ban by UNO after the Mumbai Attacks. It has been reported by a section of media that the banned Jamaat-ul-Dawa has resurfaced under the name of some other organization and has established camps to help the IDPs of Swat region. Resurfacing of banned organizations under some other names is not a new phenomenon. The latest news, once, again, confirms government's inability to keep track of such like banned organizations. The violation of ban kills the very purpose of banning any organization.

Sympathizing with IDPs and helping them alleviate their sufferings is a noble cause but using the same to create pro Taliban sentiment with a view to recruit more Taliban is dangerous. Even if JUD and the likes are able to achieve fractional success in these attempts, the battle of winning minds and hearts of IDPs would be lost to a greater degree. IDPs are likely to be looked after better by JUD and the likes than the government agencies the propogation of which will result in psychological victory of these pro Taliban organizations.

It is sad to see Pakistan Muslim League, Nawaz Group PML (N), Jamaat-e-Islami and Jamiat- e - Ulema-Islam, Fazl-ul-Rehman Group Group (JUI, F) opposing the present army operation in Swat on the pretext that they were not taken into confidence about the same, and also accusing the government that it had not foreseen and planned to take care of the Internally Displaced Persons (IDPs) and refugees. If we recall, the acceleration with which terrorism was being spread in Swat region despite the implementation of the Nizam-e-Adl (system of justice), loss of any time would have resulted in the situation going totally out of hand. The army operation launched by the government had to be immediate and with surprise. The process of taking all on board and preparations to receive the IDPs would have resulted in loss of the surprise factor. Statements of the leadership of the three above mentioned political parties after the telecast of interview of Sufi Muhammad heading defunct (Tehreek-e-Nifaz-Sharia-e Muhammdi, translated in English as Movement for Implementation of Muhammade Law (TNSM) clearly indicated that the two parties favoured strict action against Taliban. Sufi Muhammad had promised that Taliban would surrender after the implementation of Niza-e-Adl. In stead of surrendering, Taliban came out in the open killing people including government officials, looting public and private property including half a dozen banks. It is not understood as to why they have changed their stance. It's time to unite against a common enemy and a common threat and not of scoring points against each other.

It must be clearly understood that over one million Internally Displaced Persons (IDPs) of Swat are suffering for our sake. These IDPs refused to accept the rule of Taliban and opted to flee their homes, a scarifice of life time. If these IDPs are left high and dry, many of them will fall prey to Talibanization and then, it will be the turn of the rich and the poor alike living in currently unaffected areas to become IDPs or face the wrath of Taliban.

Although government agencies, and some of the philanthropist individuals and organizations have stepped up their activities to help the IDPs, lot more needs to be done. We have thousands of rich individuals and companies who can very conveniently set aside a fraction, if not a part, of their income towards this end. But, this s not happening. Perhaps, these individuals and companies mistakenly think that it is none of their concern. Political leadership of the government and opposition alike should also set personal examples; one of the important traits of leadership. Media must give more coverage to the efforts of philanthropists who are in the lead. Chamber of Commerce, Mardan has established a refugee camp. Other chambers of commerce and organizations should follow this example. Once the leadership and the rich come forward, masses would follow. The battle against Taliban, expected to be won by the army in the battleground, must also be won in the hearts and minds of IDPs. We have no other choice.

A very large number of IDPs have moved to their relatives all over the country starting from the neighbourhood of Swat all the way to Karachi. The number of these IDPs is estimated to be more than 50% of the total number. These relatives (host families) may be able to look after these IDPs for a short period of time but not indefinitely. Although a difficult proposition, some means need to be devised whereby the host families are registered and duly compensated for their generosity to host their relative IDPs. Otherwise, sooner or later, the IDPs living with the host families will have to leave their hosts and move either to wilderness or to refugee camps which certainly will not be a good situation. If the IDPs are not duly taken care of and resettled in their homes after the Army operation, the operation against Taliban in Swat region would be lost despite success expected in the battleground.

If the news released by Pakistan Army are to be believed, the operation against Taliban in Swat region is progressing successfully. It is hoped that such news are correct, otherwise, Pakistan Army will, sooner or later, be exposed and loose its trust in its citizens and even internationally. Taliban must be in a desparate situation. Their reactions in this state need to be carefully appreciated and appropriate measures should be taken against these expected reactions. For this purpose Pakistan can be split into three areas. Firstly Swat region, secondly, those areas where Taliban exist in organized way like North and South Waziristan, Khyber agency, Mohmand agency and the likes, and thirdly, the rest of Pakistan where there is relative peace and Taliban activities have been in the form of isolated terrorists actions like suicide bombings and explosions. The primary aim of Taliban will be to loosen the pressure faced by them in Swat region to break the encirclement so as to live to fight for another day. They are likely to do so by diverting the attention of Army, Pakistan government, people of Pakistan and the rest of the world from the current operations. In Swat region they will resort to hostage taking of the people trapped in the battleground, the news of which have already started appearing. Taliban can intensify their activities in second category of areas where they have some sort of domination/control which would require more troops to deal with the situation. In the rest of Pakistan, they are likely to increase the terrorist activities by resorting to more suicide attacks and explosions. The refugee camps established in the neighbourhood of Swat also offer themselves as soft targets. And, if by any chance, the situation permits, they will counter attack troops operating in Swat from outside the current battlefield. Kidnapping, particularly, of foreigners is yet another possibility.

So, in nutshell, by undertaking operation in Swat, the entire country has become more vulnerable to the terorists' activities of Taliban. Whereas, it is expected that the government must be taking appropriate measures to deal with the above mentioned possible reactions of Taliban, we, as citizens, also need to keep our eyes and ears open to protect ourselves and help government do its job. Gathering intelligence has so far been the weakest link to deal with Taliban. And, it is the failure of intelligence again which may offer success to Taliban achieving their short and long term objectives.

Although all political parties and wide cross section of society have supported the ongoing military operation in Swat region, life goes on as usual all over the country except for a few efforts by the media and one odd organization to mobilize the masses. The gravity of the current military operation is no less than the 1965 War. Area under control of Taliban is more than we lost to India, in fact, we captured more Indian territory than the area captured by them. The displacement of people during 1965 War was certainly far less than one million expected during the current operation. Duration of the 1965 War was seventeen days. Current military operation is going to last many weeks, if not months. Casualties toll expected in the current operation combined with what Army has suffered in years of its fighting with Taliban is more than what it suffered in 1965 War. Why then, the motivation of the people to support the current operation is less than what it was during 1965 War? The leadership needs to ponder over this short coming and do something to back up the forces. And, we must not forget that the operation in Swat region is just the beginning, many such operations will be required all over the country to root out terrorism and Taliban.

Prime Minister of Pakistan, Mr. Yousaf Raza Gilani, in a live televised speech, announced an all out military offensive against Taliban in Swat and its adjoining areas. The military operation has, in fact, been on for a few days now. The Prime Minister asked the nation to support the operation as it was necessary for the sovereignty of Pakistan. By and large, the speech has been well received and almost all political parties and cross sections of society appear to be well disposed towards the military operation. However, contrary to this verbal support, neither the government nor the people of Pakistan seem to be poised towards mobilization on war footing which should have been the case. Government is yet to hold duly agreed to All Parties Conference which should have been held before the speech. There is a need to form a kitchen cabinet to oversee the military operation. Around one million people of Swat region are migrating to the adjoining areas. Except for the belated release of funds by the government and efforts by a few NGOs, people of Pakistan have not been geared to put in their bit to alleviate the sufferings of these internally displaced persons (IDPs). About four years ago Pakistan experienced the worst of the earthquakes since its independence. The entire nation came into action and everyone put in its bit to help out the affectees of the earthquake. The leadership of Pakistan should galvanize its people to alleviate the sufferings of the IDPs; an act which by itself would send a strong signal to Taliban and the IDPs alike about nation's resolve to meet the crisis upfront.

In total violation of Swat truce, Taliban are back in Swat. They have been openly patrolling in the area, looting and killing locals and government officials alike, and occupying public and private property/buildings of their choice. They left no choice with the government but to move Army to Swat to deal with them. Over one million locals are expected to be migrating from Swat, Buner and Dir areas. It is hoped that this time government remains firm in its decision to cleanse the area off Taliban through military operations unlike earlier lukewarm attempts of use of force and negotiations.

Army operations continue against Taliban in Buner, South of Swat with conflicting claims of casualties and gains/losses by both. It has been a week now; the time Army had thought it would require to cleanse Buner off Taliban. However, the progress seems to be slow. The truce between Sufi Muhammad of defunct TNSM (Tehreek-e-Nifaz-e-Shariah Muhammadi, translated in English as Movement for Enforcement of Islamic Law) and NWFP government doesn't appear to be holding on despite restraint on part of the government. Taliban have resumed their barbaric activities of looting, killing and blackmailing the locals and government officials alike. NWFP government appointed Qazis(Judges) to hold the office of Dar-ul-Qaza(High Court) as required vide Nizam-e-Adl regulation. Taliban do not agree to this appointment as they wanted this appointment to be done in consultation with Sufi Muhammad. It appears certain that Army will have to undertake another operation in Swat. This is what was predicted by this blogger at the time of Swat truce a few weeks ago. People of Swat have once again started migrating from Swat. Government, once again, appears to be least concerned about these migrants. People of Swat, Buner and other neighbouring areas consider Army and Taliban alike to be responsible for their miseries.

Muslim Khan, the spokesperson of Taliban, while giving interview to an American News agency has made it clear that Taliban are not bound by Swat Truce as they are not a party to it. He further reiterated earlier declarations of Sufi Muhammad, head of defunct TNSM, that Taliban did not accept present judicial system of Pakistan and that they would not lay down their arms. Taliban have again taken up arms in Malakand Division, started making/manning posts, patrolling the roads and resorted to looting. Four of the officials have been kidnapped on the charges of spying. What else is NWFP government waiting for to react against these Taliban?

Related: Regulation

Nizam-e-Adl Regulation came into force as a result of the negotiations between NWFP government and TNSM of Sufi Muhammad. The regulation was passed in the form of a resolution by the National Assembly of Pakistan and later signed by the President of Pakistan. The NWFP government issued a formal notification of the same on 14 Apr'2009. Following is complete text of the Regulation.

A REGULATION
To provide for Nifaz-e-Nizam-e-Shariah through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Manshera district and the former State of Amb.
Preamble.---WHEREAS it is expedient to expedient to provide for Nifaz-e-Nizam-e-Sharia’h through Courts in the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb;
AND WHEREAS clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Areas, or any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction;
AND WHEREAS clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good governance of Provincially Administered Tribal Areas or any part thereof;
NOW, THEREFORE, in exercise of the powers aforesaid, the Governor of the North-West Frontier Province, with the approval of the President, is pleased-
(i) to direct that the laws specified in column 2 of Schedule-I shall apply to the Provincially Administered Tribal Areas as aforesaid; and
(ii) to make the following Regulation:
1. Short title, extent and commencement.---(1) This Regulation may be called the Nizam-e-Adl (Sharia’h) Regulation, 2009.
(2) It shall extend to the Provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Area adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.
(3) It shall come into force at once and shall be deemed to have taken effect on 16th day of February, 2009.
2. Definitions.---(1) In this Regulation, unless there is anything repugnant in the subject or context,-
(a) “Dar-ul-Dar-ul-Qaza” means the final appeallate/revisional court, in the said area, designated as such, under this Regulation, in pursuance of clause (2) of Article 183 of the Constitution of the Islamic Republic of Pakistan;
(b) “Dar-ul-Qaza” means appellate/revisional Court constituted by Government in the said area, under clause (4) of the Article 198 of the Constitution of the Islamic Republic of Pakistan;
(c) “Government” means the Government of the North-West Frontier Province;
(d) “paragraph” means a paragraph of this Regulation;
(e) “prescribed” means prescribed by rules made under this Regulation;
(f) “Qazi” means a duly appointed Judicial Officer as specified and designated in column 3 of Schedule-II;
(g) “recognized institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (Act XXX of 1985) or any institution imparting Sharia’h training and recognized as such by Government;
(h) “Schedule” means a Schedule to this Regulation; and
(i) “Shariah” means the injunctions of Islam as laid down in Quran Majeed, Sunnah-e-Nabwi (Sallallaho Alaihe Wasallam), Ijma and Qiyas;
Explanation.-In the application of this clause to the personal law of any Muslim sect, the expression Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam)shall mean the Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe wasallam) as interpreted by that sect.
(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force, in the said area to which this Regulation applies.
3. Application of certain laws to the said area.---(1) The laws specified in column 2 of Schedule-I, as in force in the North-West Frontier Province immediately before the commencement of this Regulation, and so far as may be, all rules, notifications and orders made or issued thereunder, shall apply to the said area.
(2) All the laws applicable to the said area, including the laws mentioned in sub-paragraph (1), shall so apply subject to such exceptions and modifications as specified in this Regulation.
4. Certain laws to cease to operate.---If, immediately before the commencement of this Regulation, there was in force in the said area any law, instrument, custom or usage having the force of law not corresponding to the Injunctions of
Quran Majeed and Sunnah-e-Nabvi (Sallallaho alaihe Wasallam) or provisions of any of the laws applied to the said area by this Regulation, such law, instruments, custom or usage, as the case may be, shall upon such commencement, cease to have effect in the said area.
5. Courts.---Besides, Dar-ul-Dar-ul-Qaza and Dar-ul-Qaza, there shall be following courts of competent jurisdiction, in the said area:
(i) Court of Zilla Qazi;
(ii) Court of Izafi Zilla Qazi;
(iii) Court of Aala Illaqa Qazi;
(iv) Court of Illaqa Qazi; and
(v) Court of Executive Magistrate.
6. Qazis and their powers and functions.--(1) Any person to be appointed as Illaqa Qazi, in the said area shall be a person who is a duly appointed Judicial Officer in the North-West Frontier Province. Preference shall be given to those Judicial Officer who have completed Shariah course from a recognized institution.
(2) In relation to proceeding with and conducting the criminal or civil cases, all powers, functions and duties concerned, assigned or imposed on Judicial Officer in the North-West Frontier Province under any law for the time being in force, shall, subject to application of such law in the said area and established principles of Sharia’h, be exercised, performed or discharged by them as designed in column 3 of Schedule-II.
(3) Subject to the general superintendence of the principal seat of Dar-ul-Qaza, a Zilla Qazi shall supervise the work of subordinate courts, and, through the District Police Officer concerned, the process serving staff, within the local limits of his jurisdiction.
7. Executive Magistrate.---(1) In each district or protected area, there shall be a District Magistrate, Additional District Magistrates, Sub-Divisional Magistrates and other Executive Magistrates, as the Government deems necessary.
(2) The District Magistrate and the Executive Magistrates shall discharge their responsibilities and exercise their powers according to the established principles of Sharia’h and other laws for the time being in force, in the said area.
(3) The District Magistrate shall supervise the work of other Executive Magistrates in the District.
(4) Keeping peace, maintaining order, enforcing the executive authority of the Government and “Sadd-e-Zara-e-Jinayat” shall be the duty, responsibility and power of the Executive Magistrate. For this purpose he can take action against an individual, under the established principles of Shariah.
Explanation.-The phrase “Sadd-e-Zarr-e-Jinayat”( ) means and includes all actions and steps taken under the Sharia’h laws and any other law enforced for the time being for the control of crimes.
8. Submission of Challan to Qazi or Executive Magistrate.---(1) It shall be the duty of every officer-in-charge of a police station to ensure that complete challan in each criminal case is submitted to the concerned Court within fourteen days from the date of lodging in the first information report, except in a case in which the concerned Qazi or Executive Magistrate has granted special extension of time for a specified period for the reasons to be recorded:
Provided that if any officer-in-charge of police station or investigating Officer fails to submit complete challan within specified period, the Qazi or Executive Magistrate concerned shall refer the matter to competent authority for disciplinary action against the police officer responsible for such delay, upon which necessary action shall be taken against him forthwith and shall be duly communicated to the referring Qazi or Executive Magistrate.
(2) The officer-in-charge of a police station shall submit a copy of the first information report to concerned Qazi or Executive Magistrate, within twenty four hours of its lodging.
9. Proceedings to be in accordance with Shariah.---(1) A Qazi or Executive Magistrate shall seek guidance from Quran Majeed, Sunna-e-Nabvi (Sallalllaho Alaihe Wasallam), Ijma and Qiyas for the purposes of procedure and proceedings of conduct and resolution of cases. While expounding and interpreting the Quran Majeed and Sunna-e-Nabvi (Sallalllaho Alaihe Wasallam), the Qazi shall follow the established principles of expounding and interpreting Quran Majeed and Sunna-e-Nabvi (Sallallaho Alaihe Wasallam), and, for this purpose, shall also consider the expositions and opinions of recognized Fuqaha’s of Islam.
(2) No Court shall entertain a suit unless the plaintiff/complainant verifies that copies of plaint alongwith supporting documents have been sent, through registered post with acknowledgment due to all the defendants, except in case of a suit for perpetual injunction accompanied by an application for temporary injunction.
(3) The pleadings shall be accompanied by copies of all relevant documents and affidavits of all the unofficial witnesses duly attested by an oath commissioner. The affidavits so submitted shall be treated as examination-in-chief of such witnesses:
Provided that if, after submission of pleadings, in the opinion of court, new issue arises, party to pleadings may be allowed to submit afresh copies of relevant documents and affidavits of unofficial witness attested in the manner aforesaid, for arriving at just conclusion of case.
(4) In all cases of civil nature written statement shall be submitted within seven days and where the defendant fails to do so his defence shall be struck off:
Provided that the court may extend time for filling of written statement in extra ordinary circumstances. The time so allowed shall not be extended further on any ground whatsoever.
(5) After completion of evidence, the court shall ask the parities to argue, either verbally or in writing, on the adjourned date, and, if either of the party fails to do so, the court shall pronounce judgment on merits, without any further adjournment for arguments:
Provided that it shall be the duty of the court to make list of relevant reported judgments, referred to by any party as precedent, which shall form part of judicial record.
(6) No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court which shall not be less than two thousand rupees.
10. Observance of time schedule.---(1) A period of not more than six months for disposal of a civil case, and a period of not more than four months for disposal of a criminal case, shall be standard time schedule, excluding the time spent for sulh proceedings.
(2) A Qazi shall finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the Zilla Qazi or, as the case may be, to the presiding officer of the principal seat of the Dar-ul-Qaza, and shall act on the directions issued by such court in that behalf.
(3) An Executive Magistrate shall also finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the District Magistrate and shall act on the directions issued by District Magistrate, in that behalf.
(4) If the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of the Dar-ul-Qaza, in relation to proceedings in the Court of Qazi, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall fix a penalty or cost to be recovered from the defaulting party and direct the court concerned to dispose of the case within an extended period of not more than one month.
(5) If the District Magistrate, in relation to proceedings in the Court of Executive Magistrate, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall fix a penalty or cost to be recovered from the defaulting party and direct the court concerned to dispose of the case within an extended period of not more than one month.
(6) If in the opinion of Zilla Qazi or, as the case may be, of the presiding officer of the principal seat of the Dar-ul-Qaza, the Qazi or Executive Magistrate, dealing with the case or proceedings, is responsible for delay in its disposal, the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza may,-
(i) in the case of Qazi, deliver upon him a letter of displeasure. If a Qazi is served with three letters of displeasure in a year, then the Zilla Qazi or as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza, after providing him an opportunity of being heard, may make an entry in his service record; and
(ii) in the case of Executive Magistrate, inform the District Magistrate about such delay and recommend for disciplinary action, provided in clause (i) of sub-paragraph (6) of paragraph 9.The District Magistrate shall act on the recommendations accordingly.
(7) In criminal cases, the Investigating Officer shall prepare copies of the case file in triplicate, in addition to judicial file, so that the trial court may retain the judicial file for regular trial, and the remaining two files, may be sent to the court concerned when requisitioned.
(8) An appeal or revision under this Regulation shall be filed within thirty days from the date of the decision in the respective case, after sending its copies, through registered post with acknowledgement due, to the opposite party, and the appellate or revisional court shall decide the same within thirty days, without remanding it on any ground whatsoever:
Provided that such court shall have the power to rectify any illegality or irregularity of omission which, in the opinion of he said court, may result injustice to any of the parties.
(9) Any decree shall be executed, either by the court which passed it, or by the court to which it is sent for execution, within two months.
11. Establishment of Courts.---(1) Soon after the commencement of this Regulation, Government shall take necessary steps to establish as many courts to ensure expeditious dispensation of justice within prescribed time schedule.
(2) Where the number of pending cases at a time exceeds more than one hundred and fifty in a court of Zilla Qazi, District Magistrate, or, as the case may be, Izafi Zilla Qazi, or exceeds more than two hundred cases in a court of Aa’la Ilaqa Qazi, Executive Magistrate, or, as the case may be, Ilaqa Qazi, it shall be necessary for Government to establish a new court and provide it all related facilities to ensure dispensation of justice within prescribed time schedule.
12. Appeal and Revision.---Subject to the Constitution of the Islamic Republic of Pakistan, appeal/revision against the Orders/Judgments/Decree of the Dar-ul-Qaza shall lie to the Dar-ul-Dar-ul Qaza, for the purpose of this Regulation.
13. Power to appoint musleh.---(1) Any civil or criminal case, subject to mutual consent of parties, may be referred to Musleh or, as the case may be, musleheen before recording of evidence, either on the agreement of the parties regarding the names of such musleh or musleheen, or in case of their disagreement, to such musleh or musleheen whose names appear on the list maintained by the court for such purpose:
Provided that the cases falling within the purview of Hudood laws and cases by or against the Federal or Provincial Government or any statutory body or persons under legal disabilities shall not be referred for sulh.
(2) The musleheen shall record their opinion with regard to a dispute referred to them with reasons therefore.
(3) Where a musleh or, as the case may be, musleheen, to whom a dispute has been referred for resolution, either fail or refuse to resolve it, or the Court is of the opinion that unnecessary delay has been caused, without
sufficient reason, in resolving it, the Court, may, on the application of a party or suo moto, for reasons to be recorded, withdraw the order of such reference, and, after such withdrawal, it shall resolve the dispute in accordance with Sharia’h as if it were not referred for sulh:
Provided that, in no circumstances, a case shall remain with a musleh or, as the case may be, musleheen for a period of more than fifteen days, but the court may, in extraordinary circumstances, for reasons to be recorded in writing, extend the time for fifteen days and, on the expiry of the aforesaid period, it shall stand withdrawn to the court for further proceedings.
(4) The Musleh or, as the case may be, the musleheen, appointed for such resolution of the dispute, after hearing the parties and their witnesses, if any, perusing the relevant document, if any, and inspecting the spot, if need be, shall form opinion about resolution of the dispute, with reasons therefor, and submit a report of their opinion to the concerned court without delay:
Provided that, in case the opinion is not unanimous, the opinion of the majority members and the opinion of each dissenting member, separately or jointly, with reasons therefore, shall be so submitted.
(5) The Court shall, if it is satisfied that the opinion in a case referred to for sul’h under sub-paragraph (1) is in accordance with Sharia’h, make it the rule of the Court, and shall announce it as such, but, if the court comes to the conclusion that the opinion is not in accordance with Sharia’h, it shall declare the opinion, for reasons to be recorded, as null and void and shall start its proceedings for decision of such dispute in accordance with Sharia’h as if it were not referred for sulh.
(6) The court shall, before proceeding further, provide an opportunity to the parties to submit objections, if any, to such report, and, if any, objections are so made, the court shall, after hearing the parties, decide about the correctness or otherwise of the objections.
(7) The court shall, keeping in view the actual expenses incurred by the musleh or musleheen, on traveling to, an stay at, the place other than the place of his or, as the case may be, their residence, and the time
spent in dealing with the case, in particular circumstances of each case, fix the remuneration of such musleh or musleheen, to be paid by each party in such proportion as may be determined by the court.
14. Conduct of Judicial Officers and Executive Magistrates.---(1) The conduct and character of each Judicial Officer and Executive Magistrate shall be in accordance with the Islamic principles.
(2) Notwithstanding anything contained in any law for the time being in force, all cases, suits, inquires, matters and proceedings in courts, pertaining to the said area, shall be decided by the courts concerned in accordance with Shariah:
Provided that cases of non-Muslims in matters of adoption, divorce, dower, inheritance, marriage, usages and wills shall be conducted and decided in accordance with their respective personal laws.
(3) Government may, from time to time, take such measures for the purposes of sub-paragraph (1), as it may deem necessary.
15. Aid and assistance to courts.---All executive authorities in the said area, including members of law enforcing agencies and members of other services of Pakistan, shall act in aid and assistance of the Courts, and shall implement their judicial orders and decisions.
16. Directions to law enforcing agencies.---Government may, where necessary, issue such directions to any law enforcing agency as are necessary in relation to the service of Courts Processes on the parties, witnesses or any other person, and, for any general or specific purposes, in order to ensure the conduct of such law enforcing agency in aid and assistance of the Courts.
17. Language of the Court and its record.---All the processes and proceedings of the court, including the pleadings, evidence, arguments, orders and judgments shall be recorded and conducted in Urdu, Pushto or in English and the record of the Court shall also be maintained in the said language.
18. Powers to make rules.---Government may, make rules for carrying out the purposes of this Regulation.
19. Regulation to override other laws.---The provisions of this Regulation shall have overriding effect notwithstanding anything to the contrary contained in any other law for the time in force in the said area.
20. Repeal.---(1) The Provincially Administered Tribal Areas Sharia’h Nizam-e-Adl Regulation, 1999 (N.-W.F.P. Reg. I of 1999), and rules framed thereunder are hereby repealed.
(2) The Code of Criminal Procedure (Amendment) Ordinance, 2001 (Ord. No. XXXVII of 2001), applied to the said area vide Notification No. 1/93-SOS-II(HD)/2001, dated 27th April, 2002, is hereby repealed.
(3) Notwithstanding the repeal of the Regulation under sub-paragraph
(1), or cessation of any law, instrument, custom or usage under paragraph
4, the repeal or cessation, as the case may be, shall not-
(a) revive anything not in force or existing at the time at which the repeal or cessation take effect;
(b) affect the previous operation of the law, instrument, custom or usage or anything duly done or suffered thereunder;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law, instrument, custom or usage;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law, instrument, custom or usage; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or punishment
may be imposed, as if the law, instrument, custom or usage had not been repealed or ceased to have effect, as the case may be.
SCHEDULE-I
[See the preamble and paragraph 3(1)]
S.No.
Nomenclature of Laws
1. The Fatal Accident Act, 1855 (Act XIII of 1855).
2. The Partition Act, 1893 (Act IV of 1893).
3. The Essential Commodities Act, 1957 (Act III of 1957).
4. The West Pakistan Historical Mosques and Shrines Fund Cess Ordinance, 1960 (W.P. Ord. V of 1960).
5. The West Pakistan Suppression of Prostitution Ordinance, 1961 (Ord. II of 1961).
6. The Indecent Advertisement Prohibition Act, 1963 (Act XII of 1963).
7. The Family Courts Act, 1964 (W.P. Act XXXV of 1964).
8. The West Pakistan Regulation and Control of Loud Speaker and Sound Amplifiers Ordinance, 1965 (Ord. II of 1965).
9. The Pakistan Arms Ordinance, 1965 (W.P. Ord. XX of 1965).
10. The Law Reforms Ordinance, 1972 (Ord. XII of 1972).
11. The North-West Frontier Province Orphanages (Supervision and Control)
Act, 1976 (Act XIV of 1976).
12. The Code of Civil Procedure (Amendment) Act, 1976, (XV of 1976).
13. The Law Reforms (Amendment) Ordinance, 1976 (Ord. XXI of 1976).
14. The Travel Agencies Act, 1976 (Act XXX of 1976).
15. The Prevention of Gambling Act, 1977 (Act XXVIII of 1977).
16. The North-West Frontier Province Suppression of Crimes Ordinance, 1978 (NWFP Ord. III of 1978).
17. The North-West Frontier Province Prevention of Gambling Ordinance, 1978 (N.W.F.P. Ord. V of 1978).
18. The North-West Frontier Province Waqf Properties Ordinance, 1979 (Ord. I of 1979).
19. The Code of Civil Procedure (Amendment) Ordinance, 1980 (Ord. X of 1980).
20. The Offences Against Properties (Enforcement of Hudood) (Amendment) Ordinance, 1980(Ord. XIX of 1980).
21. The Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance, 1980 (Ord. XX of 1980).
22. The Offence of Qazf (Enforcement of Hadd) (Amendment) Ordinance 1980 (XXI of 1980).
23. The Ehtram-e-Ramzan Ordinance, 1981 (Ord. XXIII of 1981).
24. The Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1982 (Ord. II of 1982).
25. The Zakat and Ushr (Amendment) Ordinance, 1983 (Ord.VII of 1983).
26. The Zakat and Ushr (Second Amendment) Ordinance 1983 (Ord. X of 1983).
27. The Zakat and Ushr (Third Amendment) Ordinance, 1983 (Ord. XXVI of 1983).
28. The Anti-Islamic Activities of Qadianis Group, Lahore Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ord. XX of 1984).
29. The Zakat and Ushr (Amendment) Ordinance, 1984 (Ord. XLVI of 1984).
30. The North-West Frontier Province (Enforcement of Certain Provisions of Laws) Act, 1989 (NWFP Act II of 1989).
31. The Code of Civil Procedure (Amendment) Act, 1989 (IV of 1990).
32. The Employment of Children Act, 1991 (Act V of 1991).
33. The Enforcement of Shariah Act, 1991 (X of 1991).
34. The Zakat and Uishr (Amendment) Act, 1991 (XXIII of 1991).
35. The Pakistan Bait-ul-Mal Act, 1992 (I of 1992).
36. The Code of Civil Procedure (Amendment) Act, 1992 (VI of 1992).
37. The Civil Law (Reforms) Act, 1994 (Act XIV of 1994).
38. The North-West Frontier Province Consumer Protection Act, 1997 (Act VI of 1997).
39. The Pakistan Environmental protection Act, 1997 (Act XXXIV of 1997).
40. The Control of Narcotics Substances Act, 1997 (Act No. XXV of 1997).
41. The Anti-Terrorism (Second Amendment) Ordinance, 1999 (Ord. XIII of 1999).
42. The Anti-Terrorism (Third Amendment) Ordinance, 1999 (Ord. XX of 1999).
43. The Juvenile Justice System Ordinance, 2000 (Ord. XXII of 2000).
44. The Anti-Terrorism (Amendment) Ordinance, 2000 (Ord. XXIX of 2000).
45. The National Highway Safety Ordinance, 2000 (Ord. XL of 2000).
46. The Control of Narcotic Substances (Amendment) Ordinance, 2000 (Ord. LXVI of 2000).
47. The Zakat and Ushr (Amendment) Ordinance, 2000 (Ord. LIX of 2000).
48. The Patents Ordinance, 2000 (Ord. LXI of 2001).
49. The Zakat and Ushr (Amendment) Ordinance, 2001 (Ord. XXI of 2001).
50. The Arms Laws (Amendment) Ordinance, 2001 (Ord. LXVI of 2001).
51. The Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (Ord. No. XIII of 2002).
52. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXV of 2002).
53. The Drugs (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).
54. The National Commission for Human Development Ordinance, 2002 (Ord. No. XXIX of 2002).
55. The Code of Civil Procedure (Amendment) Ordinance, 2002 (Ord. XXXIV of 2002).
56. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXXVI of 2002).
57. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).
58. The General Clauses (Amendment) Ordinance, 2002 (Ord. XXXIII of 2002).
59. The Pakistan Electronic Media Regulatory Authority Ordinance, 2007 (Ord. XIII of 2002).
60. The North-West Frontier Province Forest Ordinance, 2002 (Ord. XIX of 2002).
61. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXXVIII of 2002).
62. The Representation of People (Third Amendment) Ordinance, 2002 (Ord. XLV of 2002).
63. The North-West Frontier Province Registration and Functions of Private Educational Institutions (Amendment) Ordinance, 2002 (Ord XLVI of 2002).
64. The NWFP the Punjab Minor Canals (Amendment) Ordinance, 2002 (Ord. LVIII of 2002).
65. The Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002).
66. The Probation of Offenders (Amendment) Ordinance, 2002 (LXVI of 2002).
67. The Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002 (Ord. LXXIV of 2002).
68. The Freedom of Information Ordinance, 2002 (Ord. XCVI of 2002).
69. The Press Council of Pakistan Ordinance, 2002 (Ord. XCVII of 2002).
70. The Press, Newspaper, News Agencies and Book Registration Ordinance, 2002 (Ord. XCVIII of 2002).
71. The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 2002 (Ord. CI of 2002).
72. The Political Parties Order, 2002 (C.E.O. 18 of 2002).
73. The Political Parties (Amendment) Order, 2002 (C.E.O. 20 of 2002).
74. The Police (Amendment) Order, 2002 (C.E.O. 36 of 2002).
75. The North-West Frontier Province Shari Act, 2003 (NWFP Act No. II of 2003).
76. The Contempt of Court Ordinance, 2003 (Ord. V of 2003).
77. The Political Parties (Amendment) Act, 2004 (Act III of 2004).
78. The Code of Civil Procedure (Amendment) Act, 2004 (Act VIII of 2004).
79. The Defamation (Amendment) Act, 2004 (Act IX of 2004).
80. The Anti-terrorism (Amendment) Act, 2004 (Act X of 2004).
81. The North-West Frontier Province Consumers Protection (Amendment) Act, 2005 (Act II of 2005).
82. The North-West Frontier Province Local Government (Amendment) Act, 2005 (Act X of 2005).
83. The North-West Frontier Province Housing Authority Act, 2005 (Act XI of 2005).
84. The Illegal Dispossession Act, 2005 (Act XI of 2005).
85. The North-West Frontier Province Local Government (Second Amendment) Act, 2006 (Act II of 2006).
86. The North-West Frontier Province Societies Registration (Amendment) Act, 2006 (Act III of 2006).
87. The North-West Frontier Province Prohibition of Kite Flying Activities Act, 2006 (Act IV of 2006).
88. The Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) (Amendment) Act, 2006 (Act IV of 2006).
89. The North-West Frontier Province Interest of Personal Loans Prevention Act, 2007 (Act III of 2006).
90. The North-West Frontier Province Agriculture and Livestock Produce Markets Act, 2007 (Act IV of 2006).
91. The Prevention of Electronic Crimes Ordinance, 2008 (Act IX of 2008).
SCHEDULE-II
[See paragraph 2(1)(g) and 5(2)]
S.No.
Designation of Judges and Judicial Officers in the N.-W.F.P. except P.A.T.As.
Designation of Judges and Judicial Officers in P.A.T.As of the N.-W.F.P.
1.
2.
3.
1.
District and Sessions Judge.
Zilla Qazi
2.
Additional District and Sessions Judge.
Izafi Zilla Qazi
3.

Senior Civil Judge/Judicial Magistrate under section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898).
Aa’la Illaqa Qazi
4.

Civil Judge/Judicial Magistrate.
Illaqa Qazi

In his address to thousands of Swatis, Sufi Muhammad, head of Tehreek-e-Nifaz-Shariah-Muhammadi (TNSM) has made no secret about his intentions and that of Pakistani Taliban. He told the audience that God's system should be enforced in the land of God. Sermoning about his desire to have peace, prosperity, Muslim brotherhood and unity among all sects of Islam, he declared that present High and Supreme courts of Pakistan were Non Islamic and that people of Swat could only appeal before Darul Qaza against the Qazi courts. He even declared that only black turban was worne by Hazrat Muhammad (PBUH) and wearing any other type of turban was against the following of Hazrat Muhammad (PBUH). Sufi Muhammad's declared that High and Supreme courts of Pakistan were non Islamic It's now to be seen as to how NWFP government and the federal government of Pakistan respond to that. During his address to thousands of Swati last Sunday vowed to spread the Islamic Shariah (as interpreted by him) all over Pakistan and explicitly declared that he considered the constitution of Pakistan and democracy to be non Islamic.

A truce has been recently arrived at between the NWFP government and defunct Tehreek-e-Nifaz-e-Shariah-e-Muhammadi (TNSM), translated in English as Movement for the Enforcement of Muhammaden Law. The TNSM is led by Sufi Muhammad. Short of this truce, there has been a large scale bloodshed of locals of Swat besides the killings of Pakistani Taliban and the members of law enforcement agencies including Pakistan Army. Swatis received the beating from both ends; Pakistani Taliban and the law enforcement agencies. This caused thousands of Swatis to migrate to the adjoining districts. Peace has begun to prevail in Swat after the truce. The migrants have returned to Swat. Qazi (Judicial) courts, Qazis being nominated by TNSM in stead their appointment by the government, have started functioning; one of the main demands of TNSM and Pakistani Taliban.

The government has reached an agreement with a party which stands defunct in its own books. Pakistani Taliban, one of the main and militant rival faction, are not signatory to it. The Pakistan government has agreed to enforcement of Shariah Law with the hope that peace will prevail in Swat. No doubt, peace has prevailed, for the time being, in Swat after the agreement. However, the interpretation of the various clauses of the agreement are being made differently by the government, TNSM and Taliban. Government expects Taliban and all militant groups to lay down their arms, wants appointment of Qazis to be made by it with appellant courts remaining the same i.e High Court and Supreme Court. Taliban have refused to lay down their arms but have agreed that nobody including militants will move in Swat displaying arms. TNSM insists that Qazis will be appointed by it and have done so, and that High Court and Supreme Court will not be the Appellant courts for the people of Swat. In stead, TNSM will have its own appellant courts formed within Swat. Pakistan government has signed the agreement from a position of weakness after it thought that the law enforcement agencies could not eliminate Taliban and in stead the collateral damage in terms of loss of men and material of the Swatis was increasing in geometrical proportions. Still Pakistan government considers Swat issue to be a singular phenomenon not likely to be spreading elsewhere in Pakistan. However, TNSM and Taliban think it differently. They have made no secret about it and are claiming that they want Muhammadan Law all over Pakistan. It's not Muhammadan Law which is to be feared about but the Muhammadan Law as interpreted by Taliban which is a source of concern for most Pakistanis. Hazrat Muhammad (PBUH) spread Islam through peaceful means. The Holy Book, too, very clearly says that there is no compulsion in Islam. But these Taliban want to enforce their version of Islam through force.