Yasir Hafeez Awan

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1 successful mediation today 24.02.2018

2018-02-24T00:01:00.001-08:00

Hurt Case-Criminal cases:

1. A criminal case referred by Judge Hasnat Aslam Gondal Learned Judicial Magistrate, Sargodha.
FIR no. 449/16 Police Station Satellite Town Sargodha under section 337 A1/A2/F5/34 of Pakistan Penal Code titled as The State vs Mudassar Iqbal etc. Parties to the reference had a previous enmity due to which they had a fight resulting into FIR. I conducted two joint sessions and no private session. Parties reconciled and compromised. Complainant and injured forgave accused persons in the name of Allah Almighty. Accused persons are acquitted. Parties agreed to maintain a cordial relationship with each other in future.

1 successful mediation today 23.02.2018

2018-02-22T23:20:00.000-08:00

Hurt Case-Criminal cases:

1. A criminal case referred by Judge Tariq Farooq Shah Learned Judicial Magistrate, Sargodha.
FIR no. 514/17 Police Station Karrana Sargodha under section 337 F-6 of Pakistan Penal Code titled as The State vs Daud. Parties to the reference had a previous enmity due to which they had a fight resulting into FIR. I conducted two joint sessions and no private session. Parties reconciled and compromised. Complainant and injured forgave accused in the name of Allah Almighty. Accused is acquitted. Parties agreed to maintain a cordial relationship with each other in future.

1 successful mediation today 22.02.2018

2018-02-22T01:56:00.000-08:00

Hurt Case-Criminal cases:

1. A criminal case referred by Judge Hasnat Aslam Gondal Learned Judicial Magistrate, Sargodha.
FIR no. 439/16 Police Station Satellite Town Sargodha under section 337 F1/L2/506/34 of Pakistan Penal Code titled as The State vs Muhammad Munir etc. Parties to the reference had a previous enmity due to which they had a fight resulting into FIR. I conducted two joint sessions and no private session. Parties reconciled and compromised. Complainant and injured forgave accused persons in the name of Allah Almighty. Accused persons are acquitted. Parties agreed to maintain a cordial relationship with each other in future.

2 Successful Mediations today 21.02.2018

2018-02-21T01:07:00.002-08:00

Dowry Articles & Custody-Family cases:

1. A family case referred by Judge Saima Qureshi Learned Senior Civil Judge Guardian, Sargodha.
Titled as Syeda Saba Kausar vs Syed Najam-ul-Hassan for recovery of maintenance allowance and recovery of dowry articles.

2. A Petition for custody of minor referred by Judge Saima Qureshi Learned Senior Civil Judge Guardian Sargodha titled as Syed Najam-ul-Hassan vs Syeda Saba Kausar.

Wife had already got decree of divorce from husband on ground of khula. She filed the suit as mentioned above and in its response, husband moved custody petition. This litigation was pending for almost five months. Several joint and private meetings were conducted at mediation center on different dates. Finally parties agreed that wife shall recover her dowry articles from husband in presence of counsel for both the parties on oath on Holy Quran. Maintenance allowance per month has also been agreed and fixed in settlement agreement. Suit and petition dismissed as withdrawn.

1 successful mediation today 20.02.2018

2018-02-20T01:32:00.000-08:00

Family Reunion-Family cases:

1. A family case referred by Judge Muhammad Aqeel Chaudhry Learned Judge Family Court Sargodha.
Titled as Nabeela Ansar vs Malik Ghulam Sarwar for recovery of maintenance allowance and dowry articles. This family suit was pending for last seven months almost. Ghulam Sarwar contracted second marriage with Nabeela for he had no kids in first marriage. Due to certain domestic issues they had a fight and wife was expelled from the house. Case was referred for mediation a week ago when I conducted a joint meeting. Today again I conducted a joint meeting leading to a successful settlement. There was no separate meeting at all. Parties reconciled. Husband agreed to arrange a separate dwelling house on rent. The portion of wife in the property of husband shall be rented out and rent shall also be given to wife along with maintenance allowance of Rs 10,000/- per month. Suit dismissed as withdrawn.

2 Successful Mediations today 19.02.2018

2018-02-19T01:17:00.000-08:00

Hurt Case-Criminal cases:

1. A criminal trial referred by Judge Hasnat Aslam Gondal, Learned Judicial Magistrate, Sargodha.
FIR no. 254/14 Police Station Satellite Town-Sargodha under Section 337 A1/148/149 of Pakistan Penal Code titled as The State vs Muhammad Azeem etc. Parties are living in neighbourhood and had a previous enmity due to which they had fight resulting into FIR. I conducted a joint session on 15.02.2018 and a joint session today. There was no separate session at all. It turned out to b successful settlement. Parties were very happy in the end. Injured forgave accused persons in the name of Allah Almighty. Accused persons acquitted. Parties agreed to maintain a cordial relation in future. Accused persons promised to take care of injured as their own brother.

Family Reunion-Civil case:

2. A civil suit referred by Judge Adnan Bakhtiar Learned Civil Judge Sargodha titled as Muhammad Farooq vs Mst Zareena Bibi etc. It was a suit for partition of property between real brothers and sisters including materials being used in business. This suit was referred for mediation on 10.02.2018 when one joint session and two separate sessions were conducted while today only one joint session of almost two hours was conducted leading to successful mediation. Parties agreed to division of immovable and movable property in the same settlement agreement. All the brothers were happy on this settlement and forgave each other's petty amounts.

2 Successful Mediations today 15.12.2018

2018-02-15T01:28:00.001-08:00

Hurt Case-Criminal cases:

1. A criminal trial referred by Judge Tariq Farooq Shah Learned Judicial Magistrate, Sargodha.
FIR no. 220/17 Police Station Karrana-Sargodha under Section 337 A1/F5/109/147/149 of Pakistan Penal Code titled as The State vs Dilawer Khan etc. Parties had a land dispute due to which they had enmity and had a fight resulting into this FIR. After conducting three joint sessions and one separate session, parties reached a settlement. Injured forgave accused persons in the name of Allah Almighty. Accused persons acquitted. Parties agreed to maintain a cordial relation in future.

Family Reunion-Family cases:

2. A family case referred by Judge Muhammad Aqeel Chaudhry Learned Judge Family Court Sargodha titled as Farzana Khan vs Muhammad Zeeshan for dissolution of marriage on ground of Khula and recovery of maintenance. Couple had one son. Wife was with her parents for few months. After conducting two joint sessions, couple agreed to live together for better future of their son. They forgave each other's past conducted and promised to maintain a family life in future.

Mediation-A right click-A Game Changer

2018-02-13T23:49:00.000-08:00

ADR Centers started working in Punjab from 1st June, 2017. Since their inception, thousands of cases have been resolved so far across the Punjab thereby eliminating the dispute and the litigation.

This was a revolutionary step by Honorable Mr. Justice Syed Mansoor Ali Shah who has now been elevated as Judge of Apex court of Pakistan i.c.Supreme Court. ADR system has proved to be a game changer in many perspectives and for many reasons due to which I felt the need to write this post for the readers.

Concept of mediation is not new in our society as it has been in practice through different procedure and with different names. There were and still are in Panchayats and Jirgas in certain areas. In certain families and localities there is a practice of approaching a respectable person in case of a dispute. Likewise, in the Islamic perspective, mediation is present. Its description can well be found in following Quranic Verses and Sunnah of Holy Prophet PBUH.

Have fear of Allah and resolve your differences. (Surah Anfal, 8:1)

And if two parties among the believers fall into a quarrel, make peace between them. (Al-Hujurat:9

Holy Prophet Muhammad PBUH is the last Messenger of Allah Almighty. Sunnah of Holy Prophet is also a source of Islamic law. Among many others, a great example of resolution of dispute with help of a neutral third person is also found in Sunnah of Holy Prophet PBUH which is quoted here. During reconstruction of Holy Kaaba (Holy place in Mecca where Muslims go for performing Hajj/Pilgrimage), a dispute arose among the tribes in Mecca to have honor of placing the Hajr-e-Aswad (Holy Black Stone) on its due place in the wall. There was a deadlock in their negotiations when the matter was referred for mediation to Holy Prophet Muhammad PBUH. Holy Prophet PBUH asked all the leaders of tribes to come forward. Hajr-e-Aswad (Holy Black Stone) was put on a sheet of cloth and all the leaders of the tribes were asked by Holy Prophet to hold one end of the sheet in their hands and raise towards its due place. Such was a the prudence of our Holy Prophet who introduced the resolution of dispute amicably this much long time ago.

Previous to this mediation regime, there was Section 89-A in Code of Civil Procedure. There was Arbitration Act, 1940 in force. There was arbitration council at Union Council level which were mostly operative for family disputes and in family law there were provisions of reconciliation in the court and after court proceedings, same was carried on through concerned union councils.

I want to share with the readers very interesting quotations of legends on the point of ADR/Mediation.

“The greatest lesson in life is to know that even fools are right sometimes.” — Winston Churchill

“In the middle of every difficulty lies opportunity.” – Albert Einstein

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough.” – Abraham Lincoln

Now coming towards legal system, we have civil courts in three classes being Class-I, II and III then the court of District Judge/Additional District Judge then High Court and Supreme Court. On the other hand in criminal procedure, we have Judicial Magistrate 1st Class/Section 30, Sessions Judge/Additional Sessions Judge then we have High Court and Supreme Court. There are certain other courts like consumer court, banking court, revenue court etc. All these courts are having pendency of cases which increases day by day due to fresh cases or due to preference of appeal/revision against orders of their concerned lower courts. According to survey there are nearly ten hundred thousand cases pending in the courts in Punjab. The number of judges as compared to population of Punjab was so meager that it was not practically possible to dispose off the cases in short span of time. This scenario resulted in huge backlog of cases in Punjab which was increasing day by day. Thousands of cases are pending in each district of Punjab making it up to hundreds of thousands of cases through out the province. There is no magical thing in aid to dispose this huge back log at the earliest and provide relief to the litigant public. At this stage it was necessary to bring reforms in the system so as to compete with the growing pendency for which many steps were taken and one amongst them was establishment of an ADR Center in every district.

What difference does it make when a case is disposed off at ADR/Mediation Center. Before going into this, I want to highlight that there is a time frame for resolution of dispute at Mediation Center in the following terms:

For a civil and criminal case there are 30 days.

For a family, guardian or a rent case there are 15 days to dispose off.

This deadline also bears the purpose that cases should not be kept in long waits in order to make it successful settlement rather the process should be exercised and maximum time deadline has to be observed. If the deadline is reached without settlement, it has to be returned back to referring court or further time is to be sought by the mediator. So the mediator take every reference of dispute as a challenge and strive hard to make out things in shortest possible time.

Now coming to the difference mediation is creating, I will explain it in following lines:

1. Courts refer the potential cases having tendency of compromise to mediation which reduces burden of trial courts and appellate courts. Once a matter is settled at ADR Center through successful mediation, it buries the litigation as mediation is participante and the decision is made by the parties themselves which is a win/win situation and none of them prefers an appeal, review or revision against the said order. In this way mediation not only reduces the burden of trial court rather it also decreases the number of fresh institution before the appellate forums.

2. There are great chances that when parties enter into compromise in case referred to mediation, mediators ask the parties if they have any other case pending in courts and if its reply is in affirmative, mediators try to resolve that case too through mediation. In this way also mediation reduces the burden of courts.

3. Upcoming litigation is also discouraged to a great extent in mediation by determination of future relationship of the parties in dispute. Upon a successful settlement in a reference, I ask the parties about their future relations and they response in affirmative in 95 percent of the case approximately. This is because their ego is no more with them. In remaining 5 percent they say that they do not want to maintain any relationship and promise not to infringe each other's rights in future.

4. An important role of mediation is regarding time frame. As discussed above, a family suit or a rent or guardian petition is to be disposed off within fifteen days while civil or criminal case is to be disposed off within a month at mediation center. There is no wastage of time in case even a mediation proceeding fails to arrive at a settlement and otherwise if it succeeds, it eliminates litigation in a very short span of time.

Now talking about the statistics of ADR Centers in terms of disposal, I being mediator at ADR Center Sargodha, have been successful in more than three hundred mediation proceedings out of total reference of nearly four hundred. Likewise, all over Punjab thousands of cases have been disposed off through mediation since June, 2017 and litigation between the parties has come to an end. According to my humble point of view, mediation is a right click, a game changer. Feel free to share you views. Thank you...

1 successful mediation today 12.02.2018

2018-02-12T02:03:00.000-08:00

Hurt case-Criminal cases:

1. A criminal trial referred by Judge Tariq Farooq Shah Learned Judicial Magistrate Sargodha.
FIR no. 174/17 Police Station Bhagtanwala-Sargodha under section 337A1/A2/34 of Pakistan Penal Code titled as The State vs Aamir Ali etc. Parties are real brothers who had a dispute of house due to which they had a fight resulting into this FIR. After conducting two joint sessions, they have entered into compromise and things have been settled between them for this FIR and the house. Complainant/injured forgave his two brothers who were accused persons in the name of Allah Almighty. Accused persons acuwitted. They promised to maintain and cordial relationship with each other.

2 successful mediations today 08.02.2018

2018-02-08T04:19:00.001-08:00

Land dispute-Civil cases:

1. A civil trial referred by Judge Muhammad Haroon learned civil Judge Sargodha.
It was a suit for partition of house inheritted by parties who were brothers and sisters titled as Irshad Lateef vs Shaukat Ali etc. I conducted three joint sessions and one separate session today which resulted into successful mediation. Parties agreed to maintain a cordial relation in future.

Family Reunion-Family cases:

2. A family case referred by Judge Muhammad Aqeel Chaudhry Learned Judge Family Court Sargodha titled as Rubab Ali etc vs Muhammad Aziz for recovery of maintenance. Couple had one daughter. Wife was with her parents for few months. Suit was pending for four months. After conduction three joint sessions and two separate sessions with each party, husband agreed to pay past maintenance of four months and couple reconciled and agreed to live together for better future of their daughter.

1 successful mediation today 07.02.2018

2018-02-07T01:26:00.000-08:00

Hurt case-Criminal cases:

1. A criminal trial referred by Judge Tariq Farooq Shah Learned Judicial Magistrate Sargodha.
FIR no. 395/17 Police Station Karrana Sargodha under section 337A2/L2 of Pakistan Penal Code titled as The State vs Muhammad Sajid. Parties are relatives who had a fight during which complainant got injured. After successful mediation proceedings, Complainant forgave accused in the name of Allah almighty. Accused acquitted. Parties agreed to maintain a cordial relation in future.

4 successful Mediations today 06.02.2018

2018-02-06T02:00:00.000-08:00

Family Reunion-Family cases:

1. A family case referred by Judge Muhammad Aqeel Chaudhry Learned Judge Family Court, Sargodha.
It was a case for recovery of maintenance allowance for past six months titled as Mst. Asia bibi etc vs Tasawer Abbas. Husband was doing job in the city. Wife had some issue with the other family members due to which she left the house. Case was referred for mediation and parties appeared before me today. After mediation proceedings of two and half hours, parties reconciled and agreed to live together for better future of their two sons. Husband agreed to pay Rs. 20,000/- as past maintenance allowance and separate dwelling house. Suit disposed off being infructuous.

Rash and Negligent Driving-Criminal cases:

1. A criminal case referred by Judge Hasnat Gondal Learned Judicial Magistrate, Sargodha in case FIR no. 180/17 Police Station Satellite Town-Sargodha under Section 337-G/279 of Pakistan Penal Code titled as The State vs Shahzeb. Complainant forgave accused in the name of Allah Almighty. Accused acquitted.

Cheque Dishonor-Criminal cases:

1. A criminal case referred by Judge Hasnat Gondal Learned Judicial Magistrate, Sargodha in case FIR no. 247/17 Police Station Sajid Shaheed-Sargodha under Section 489-F of Pakistan Penal Code titled as The State vs Mazhar Hussain. Payment of amount of disputed cheque worth Rs. 10,00,000/- has been made. Complainant forgave accused in the name of Allah Almighty. Accused acquitted.

Land Dispute-Family Reunion-Civil cases:

1. A civil case referred by Judge Muhammad Haroon Learned Civil Judge, Sargodha. It was a land dispute between members of family who were brothers and sisters, step mother and step brothers and sisters and aunts. After conducting two joint sessions and one separate session with each individual, proceeding remained successful. Parties agreed on the scheme of partition.