Background
The Khyber Pakhtunkhwa government created the Dispute Resolution Council (DRC) to resolve disputes under police guidance. It uses traditional Jirga principles to settle conflicts peacefully within the community.
Foundation
Nasir Khan Durrani, then Inspector General of Police, launched the first DRC with support from local police leaders. The first DRC opened on January 14, 2014, in Gulbahar, Peshawar. Now, DRCs operate in all district headquarters across Khyber Pakhtunkhwa.
Objectives and Operations
- Purpose
The DRC helps resolve minor disputes through mediation, providing an alternative to the courts. - Activities
- Mediation: The DRC resolves police-referred disputes if both parties cooperate.
- Fact-Finding: If a party resists mediation, the DRC sends a report to the Station House Officer (SHO) for legal action.
- Oversight: In disputed investigations, the DRC acts as a neutral jury. It submits its own report if it disagrees with the investigating officer’s conclusions.
- Legal Boundaries
The DRC follows all legal standards. Its findings are recommendations, not binding decisions.
Membership and Structure
- Council Composition:
The DRC includes 21 members from various professions, including retired judges, officers, educators, and community leaders. Women, transgender, and minority representatives are also included. - Membership Requirements:
- Members must be politically neutral and respected.
- Membership is temporary, allowing flexibility for participants.
- Structure:
Each DRC works from a jury room in police stations. Members are divided into three-member panels, with police officers handling records and coordinating with the Sub-Divisional Police Officer (SDPO).
Process and Jurisdiction
- Case Referrals
The DRC only accepts cases referred by police, with consent from both parties. Members may recommend cases to police but do not decide on cases themselves. - Jurisdiction Scope
The DRC handles minor civil cases, such as inheritance, property disputes, financial issues, and family matters, but not criminal cases. - Panel Consistency
Assigned panels stay on cases until resolved, unless otherwise necessary. A separate council reviews any appeals. - Expanded Access
Public demand led the DRC to expand to rural, industrial, and urban centers.
Conclusion
The DRC promotes peaceful settlements. If parties agree, the DRC finalizes a compromise. If not, the DRC sends its report to police for possible action. The DRC’s recommendations are influential but not legally binding