By Syed M. Ilyas

It is said that Mohtasib is the bridge between the government and the people.

The present incumbent has, by virtue of this latest initiative, proved the point beyond any iotaof doubt. It relates to the revamped programme of Informal Resolution of Disputes (IRD), launched recently in pursuance of the provision provided by Article-33 of the President’s Order No.1 of 1983, which governs this Institution’s functioning. The said Article authorizes the Mohtasib and a member of his staff to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint or issuing any official notice. The said Article, though remained in the law for the last four decades, has now found its expression in a most ingenious and effective manner. It has literally opened up a whole new world of possibilities and may help secure redressal of a large number of public complaints in a smooth, simple and hassle-free manner.

Since taking over in March this year, the Wafaqi Mohtasib, Mr. Naveed Kamran Baloch constituted a Team of Senior Officers including legal experts to examine ways and means for broadening and further expanding the scope of IRD Programme as mandated by Article-33 of the Presidential Order. It painstakingly reviewed all provisions and then formulated its recommendations. Henceforth, the revamped IRD Programme was launched in the 2nd week of June this year.

Addressing the inaugural ceremony of the Informal Resolution of Disputes (IRD) revamped programme, the Wafaqi Mohtasib said that it is a revolutionary programme designed to bring about expeditious resolution of complaints through dialogue and mutual understanding without going through the rigorous official procedures. He further stated that ‘the IRD is a structured yet flexible mechanism adopted by the Office of the Wafaqi Mohtasib to provide expeditious, accessible and amicable redressal of grievances’. It is a facilitative, non-adjudicatory and consensual process designed to resolve the grievances through mutual agreement between the parties without recourse to formal determination of rights and liabilities. In some respects, it is similar to the Alternative Dispute Resolution (ADR) model adopted worldwide, he observed.

The inaugural ceremony was followed by a 4-day Training Workshop at the Wafaqi Mohtasib Secretariat devoted to the training of the Officers and Staff members with regard to the modalities and procedures for efficient handling of such cases. A special Wing to be headed by a Senior Officer was created in the Secretariat to coordinate all the IRD-related work at the Head Office and the various Regional Offices.

The concept of Informal Resolution of Disputes (IRD), it may be added, is similar in many ways to the centuries old ‘Jirga/Panchaiyat’ system practiced in this part of the world where local elders resolved complaints through the force of moral character, social influence or conventional wisdom. The traditional system has since given way to formal dispute handling processes, the efforts of the common man to claim relief, however, often get frustrated due to their inability to hire services of advocates for filing petitions in the court of law and facing lengthy legal procedures. Hence, the system of Informal Resolution of Disputes (IRD) adopted by the Office of Wafaqi Mohtasib (Ombudsman) responds to the dire need for resolving public complaints efficiently at the grassroots level.

The IRD is the least expensive and hassle-free mechanism. It draws its strength from the system of Alternative Dispute Resolution (ADR), which has existed and evolved alongwith the formal judicial system in most parts of the world. This mechanism involved resolution rather than decision whereby parties are persuaded to come to an understanding leading to the dispute resolution. Therefore, this provision not only widens the ambit of the Ombudsman’s activities but also provides definite means for settlement of disputes through conciliatory proceedings to the mutual satisfaction of parties involved therein. Therefore, it constitutes a win-win situation for all.

The initiative aims at institutionalizing a culture of problem-solving and making grievance redressal more responsive, humane and efficient. The underlying philosophy of IRD is grounded in the principle that a large number of disputes particularly those arising from administrative delays and procedural bottlenecks can effectively be resolved through dialogue and mutual understanding. The programme is expected to benefit a large segment of the population especially in the remote and far off regions.

Here it is important to understand that the scope of the IRD is thereby extended to the complaints which do not normally fall within the jurisdiction of the Wafaqi Mohtasib. These complaints are processed under Regulation 5(2) of the Wafaqi Mohtasib Investigation and Disposal of Complaints Regulations 2013, with the consent of the parties concerned. The guiding principles of the Wafaqi Mohtasib’s Office in resolution of disputes with the consent of all parties under the IRD include independence, neutrality, impartiality, confidentiality and informality. Everything is done in a gentle and persuasive manner, but without any official or cumbersome formalities.

This mode of dispute resolution is particularly useful for the rural and backward areas of the country where the people have neither resources nor enough literacy to seek justice through formal means. Its beauty lies in the fact that it is least expensive or time consuming. In most cases, it yields immediate results to the satisfaction of the parties concerned. The Informal Resolution of Disputes (IRD) mechanism, therefore, holds a great promise for the future. Hopefully it will benefit a large segment of the populace in getting expeditious administrative justice free of cost virtually at their door steps. This will herald the beginning of a new era.

The bridge between the government and the people will henceforth be seen connecting the two in an unbreakable bond cemented by mutual trust and confidence and fostered by a forward looking vision.