Jirgas have been ineffective in Swat and its surrounding areas in the recent past. After the fierce fighting between the people of Kalam and Utror on July 10, 2021, the commissioner of Malakand division invited the parties to his office instead of taking action against those who opened fire and killed people. In a private conversation with them, DIG Malakand division said that the chief minister did not want strict action against the people because it was high tourist season and any police operation in the area might discourage tourists from coming to Kalam and Utror.
Still, many political leaders and elders from different parts of Swat went to Utror and Kalam and held scores of jirgas. Elderly men from other areas of Swat -- Thal, Kalkot and Lamuti in upper Dir district -- came to Kalam and Utror, and held series of jirgas till floods hit Swat in August 2022.
These jirgas were unable to resolve the dispute. They have, nonetheless, stopped both the parties from engaging in further armed conflicts.
When people of Kalam stopped food trucks to travel to Utror in August 2021, it was the police, not jirgas, which allowed the trucks to reach their destination in Utror.
Kalam and Utror are two touristic valleys in upper Swat valley inhabited by Dardic people who speak Gawri language. These two main villages have been in conflict over land and forest distribution in the area since times of the Swat state. These conflicts still erupt and also burst into fierce bloody feuds.
The people of Kalam and Utror have a dispute over a beautiful highland paster, Desaan, on the western hills between the two valleys. They have disputes over other pastures in the valleys as well.
Malak Amir Said, a local political and community leader from Kalam said that the conflict between Kalam and Utror has been active since 1957. He added that since July 2021, there have been many rounds of jirgas with support from the administration, yet the issue could not be resolved because of lack of seriousness on part of jirga people – “Jirgas have become political and partisan”.
In late July 2021, a jirga was held at a mosque in Bahrain related to the Kalam-Utror. Malak Gul Zada, chief of Kalam, said that the jirga was against the people of Kalam – as a couple of people had condemned the blockade of road to Utror by certain people of Kalam. Same is true for the political aspirants who usually exploit such situations for gaining votes on the one hand while on the other hand cannot do justice because of their political affiliations.
Malak Amir Said, a local political and community leader from Kalam said that the conflict between Kalam and Utror has been active since 1957. He added that since July 2021, there have been many rounds of jirgas with support from the administration, yet the issue could not be resolved because of lack of seriousness on part of jirga people – “Jirgas have become political and partisan”.
It was observed in the arbitration over this conflict that a majority of youth and social activists no longer favour this traditional justice system that is dominated by elderly men. They demand the establishment of state institutions that follow law.
In a recent report, Assistant Commissioner Ishaq Ahmad Khan said, “FIRs have been registered against the accused responsible for the law-and-order situation, but no arrest has been made so far which has resulted in very weak writ of the state in the area”.
Jirga is known by different names in different languages in Pakistan. It is called faislo in Sindh and punchaiyat in Punjab. The word ‘jirga’ is derived from the Mongolian word ‘tsarak’ which means round circle. It is now generally attributed to the Pashto language. In our Dardic languages, like Torwali, Shina, Khowar etc. ‘Yerak’, ‘Biyak’, ‘Mahraka’ are the alternative words for jirga.
Whatever the name, the tradition of jirga has existed in every society since ancient times. It was usually initiated during wars between tribes and nations. With the passage of time, the jirga took on the responsibility of administration, law and order -- and justice in the Yaghistani, acephalous societies.