Law and Order Musakhel
Musakhel 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 Loralai. "B" area is controlled by the Balochistan Levies Force headed by the Deputy Commissioner (DC) in Musakhel. There is only one police station in Musakhel: the police station at Musakhel town, manned by 49 policemen.
Levies force controls the remaining parts of the district. The Deputy Commissioner controls the levies through his Assistant Commissioner, Tehsildar, and Naib-Tehsildar. In addition, a company of Loralai Scouts is deputed in Musakhel.
Musakhel has been characterised by violence, murders, and tribal feuds, but since it has been declared a district and the office of the Deputy Commissioner has been established, the situation has changed to some extent. According to local sources, before 1992 the average number of cases of murder were 45 per annum which have now reduced to 5 only. Crimes include murder, robbery, and physical violence. The offenders often take refuge in neighbouring districts in Punjab province after committing crimes. Easy availability of fire arms has further worsened the situation.
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 upon two Qazis under the chairmanship of 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 Deputy Commissioner, out of whom two members were selected by each of the conflicting parties. The Jirga was headed by a nominee of the DC. The Deputy Commissioner and, afterwards, 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 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 doors in an easy and cheaper way.