PHC sets up Model Civil Appellate Courts across KP

PESHAWAR: After success of the model courts for cases of criminal nature, Peshawar High Court (PHC) Chief Justice Waqar Ahmad Seth has established Model Civil Appellate Courts for speeding trial of civil nature cases across the province, including tribal districts.

As per the PHC notification issued by Registrar Khwaja Wajihuddin, the PHC chief justice has appointed 29 judges of the district judiciary for the Model Civil Appellate Courts.

“In pursuance of the recommendations of the National Judicial Policy Making Committee in its meeting held on June 26, 2019, the chief justice Peshawar High Court is pleased to establish Model Civil Appellate Court at district level on the district judiciary of Khyber Pakhtunkhwa, for providing expeditious justice,” the notification stated.

The 29 judges appointed for the courts include District and Sessions Judge (DSJ) Sadia Arshad for Model Civil Appellate Court Battagram, DSJ Muhammad Iqbal Khan for Buner, DSJ Rajab Ali for Karak, Irshad Ahmad Khan for Tank, DSJ Aurangzeb for Malakand, DSJ Kashif Nadeem for Upper Dir, DSJ Zarqaish Sani for Hangu, Additional District and Sessions Judge (ADJ) Rahatullah for Swat, ADJ Muhammad Fiaz for Mansehra, ADJ Iftikhar Elahi for Haripur, ADJ Abdul Jabbar for Swabi, and ADJ Hina Mehwish for Mardan.

Similarly, ADJ Aalia Sadia Lodhi has been appointed for Peshawar, ADJ Sumeera Wali for Nowshera, ADJ Amanullah Khan for Kohat, ADJ Nisar Muhammad Khan for Abbottabad, ADJ Muhammad Khan for Chitral, ADJ Saima Asim for Bannu, ADJ Ajmal Tahir for Charsadda, ADJ Syed Arif Shah for DI Khan, ADJ Attaullah Jan for Lakki Marwat, ADJ Aftab Iqbal for Shangla, ADJ Qazi Attaullah for Bajaur, ADJ Wali Mohammad for Mohmand, ADJ Ali Gohar for Khyber, ADJ Jamal Shah for Orakzai, ADJ Sultan Hussain for Kurram, ADJ Rashid Kundi for North Waziristan and ADJ Shaukat Ahmad for South Waziristan.

In March 2019, the PHC chief justice established 27 model courts in Khyber Pakhtunkhwa districts except tribal districts in light of the recent recommendations of the National Judicial (Policy Making) Committee for conducting trial of a case on day-to-day and continuous basis.

For the first model courts, the PHC had also issued standard operating procedure for trails in these courts.

According to it, no adjournments will be granted by these courts, while a trial schedule will be issued for observance of lawyers and prosecutors, who will also give details of their junior/replacement for the conclusion of trial within the specified timeframe.

The SP (Investigation) of each district will act as a focal person for the police department at district level, who will liaise with the process cell.

Those in charge of the investigation of each police station will be responsible for the production of all witnesses (except medical witnesses) and case property. The attendance of witnesses will be ensured through special process servers.

For timely production of medical witnesses, the provincial health secretary will be approached.

In case the lawyers engaged in the trials before model courts are to appear in the superior courts the same day, the superior courts will spare those lawyers on the production of certificate regarding his or her appearance before the respective model courts.

The courts, which are to work within the existing legal framework and using the available resources, will be supervised by the high court’s chief justice, whereas the Supreme Court will monitor them. The progress of these courts will be reviewed after every two months.