Judicial reform in Swat

In the launch of the drive to reform Swat’s legal system, it is apparent that the state is aware of the sort of steps needed to alter some of the realities that had formerly led the people of the area to extend support to the Taliban before disowning them. For nearly four decades, the area’s judicial system had been notoriously slow-moving and corrupt, leading to the erosion of the residents’ faith in the state. Little wonder then that the Taliban’s promise of a ‘quick, Sharia-based’ justice system resonated with Swat’s people. To the consternation of many, it became clear after the ‘peace deal’ brokered between the government and the militants by the Tehrik-i-Nifaz-i-Shariat Mohammadi that the Taliban’s version of the Sharia consisted of beheadings, floggings, the repression of women and other gross violations of fundamental human and constitutional rights. It appears that Swat’s rejection of the Taliban has finally been seen as an opportunity by the state to win over the population by installing a judicial system that will hopefully be quick, inexpensive and unbiased.

Judicial officials have launched a drive to speed up and reform the area’s legal system. Sixteen new judges have been hired and new courts have been created with the laudable aim of processing new criminal cases within four months and civil ones in six. The backlog of cases has reportedly been reduced from 18,000 to 2,300. The significance of this reduction ought not be underestimated given that each resolved case means a large number of people with newfound confidence in the state and government, which is crucial to the project of preventing the Taliban or other anarchist elements from regaining influence in the area. Legal and judicial systems in other parts of the country must make similar efforts. According to a statistical report released recently by the Human Rights Commission of Pakistan, 1.52 million cases were pending in the superior and lower courts at the end of 2009. Each of these represents a miscarriage of justice, since justice delayed is justice denied. The project to build Pakistanis’ faith in the state and government must include an overhaul of the judicial process.