Law and Order Kohlu
Kohlu is divided into two areas as far as law enforcement is concerned. Area "A" is controlled by the Balochistan Police headed by a Deputy Superintendent of Police (DSP) stationed at Kohlu. "B" area is controlled by the Balochistan Levies Force headed by the Political Agent (PA) in Kohlu. There is only one police station in Kohlu: the police station at Kohlu town.
Levies force controls the remaining parts of the district. The Political Agent controls the levies through his Assistant Commissioner, Tehsildars and Naib-Tehsildars. In addition, Mawand Rifles, an armed forces’ contingent is also deputed in Kohlu.
Kohlu district has been characterised by insurgence, violence and tribal feuds. The tribal nature of human interaction results in violence which might be justified under tribal laws but may not be tolerated under the state’s civil and criminal laws. Easy availability of fire arms has further worsened the situation. Crimes in Kohlu include murder, robbery and physical violence.
Justice is administered through regular as well as Qazi courts. Regular courts provide justice under the civil and criminal laws of the state. Previously the District Magistrate and the Sub-division Magistrates had judicial powers, but recently administration and judiciary have been separated. The judiciary is of the view that this action has speeded up the delivery of justice while the administration is of the opinion that the justice process is slow in courts and people are suffering due to delays. However, this action has resulted in a system of checks and balances between administration and judiciary.
Qazi courts were established under the provisions of the Civil Disputes (Shariat Application) Regulation of 1976, to provide justice to private parties under the provisions of shariat laws. Appeal against decisions of Qazi courts can be made before a Majlis-e-Shoora which comprises of two Qazis under the chairmanship of a District and Session Judge. Both types of courts work in complete harmony.
Another justice delivery mechanism used to be the jirga system which has officially been abolished. Jirga is a very old institution which provided a legal framework under the Civil Law (Special Provision Ordinance I of 1968) and the Criminal Law (Special Provision Ordinance II of 1968). According to these ordinances a jirga was empowered to decide civil as well as criminal cases. Amongst the influential men of the area, 20 members were nominated for jirga membership by the Political Agent, out of whom two members were selected by each of the conflicting parties. The Jirga was headed by a nominee of the PA. The Political Agent and, afterwards, the Commissioner was the appellate authority. The Civil Law (Special Provision Ordinance I of 1968) was abolished by the Government of Balochistan itself in 1988 whereas the Criminal Law (Special Provision Ordinance II of 1968) was declared null and void by a judgement of the Balochistan High Court in response to a constitutional petition. In this way the jirga system was completely abolished. According to the local sources, it surely was a time saving and economical mechanism of justice administration. However the Arbitration Act of 1940 is still applicable in the area under which arbitration can be made (a) without intervention of the court; (b) with intervention of the court; and (c) in suits already pending between the parties. Through this act, the people can get justice at their doorsteps in an easy and cheaper way.
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