5001/2024 Const. P. Sania Zahra and Another (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-OCT-24
In a landmark 2019 judgment, the Supreme Court of Pakistan in the case of the National Commission on Status of Women v Government of Pakistan PLD 2019 SC 218 declared jirgas illegal, citing violations of international human rights laws and the Constitution of Pakistan. The Supreme Court emphasized the importance of equal protection before the law, due process, and fair trial, rights that are often denied in jirga proceedings. This judgment is a significant step towards upholding women's rights and ensuring that justice is administered through legal channels. It is crucial to continue to monitor the implementation of this decision and to address the social and cultural factors that contribute to the persistence of harmful practices. In this regard, FIR can be lodged against the holding of illegal jirga by the chieftain and all others who participated in the Jirga in violation of the 2019 Supreme Court judgment. This judgment declared the jirga system as illegal and against the fundamental rights of citizens. Law enforcement agencies are obligated to take action against those who organize or participate in such jirgas. Let at the first instance, FIR be lodged by the SSP concerned and bring the culprits into justice without fail. 8. So far as FIR No.412 of 2024 of PS Malir Cantt, District Malir, Karachi registered under Section 365-B PPC is concerned the same is hereby quashed and such summary report be submitted before the concerned Magistrate for disposal of the case. He is directed to take action against all concerned police officials who failed and neglected to perform their duties to curb this menace. 9. The IGP Sindh is directed to take stock of the things and take prompt disciplinary action against all police officials of the concerned district/police station in accordance with the law. 10. In view of the statement of the parties, the private respondents are directed to furnish an indemnity bond of Rs.500,000/- each before the Nazir of this Court for the aforesaid purpose. 11. In view of the above, this Constitutional Petition is disposed of.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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