564(05) LJCP PC-8 by Aafridi (Word Document)
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ANNUAL REPORT 2004
LAW & JUSTICE COMMISSION OF PAKISTAN AND NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE
LAW & JUSTICE COMMISSION SECRETARIAT SUPREME COURT BUILDING CONSTITUTION AVENUE ISLAMABAD 2
The Annual Report 2004 is available on the Commission’s website. For further information, please contact the Commission’s Secretariat at the following address:
Law & Justice Commission of Pakistan Supreme Court Building Constitution Avenue Islamabad, Pakistan
Tel: 092-51-9220483 Fax: 092-51-9214416 email: [email protected] www.ljcp.gov.pk 3
Table of Contents Foreword...... 1 Secretary’s Report...... 3 1. Law and Justice Commission & National Judicial (Policy Making) Committee...... 7 1.1 The Statutes...... 7 1.2 Functions...... 7 1.3 Composition...... 8 1.4 Library & Computerisation...... 9 1.5 Bio-data of Members...... 10 1.6 Commission’s Secretariat...... 18 2. Performance of the Commission and NJPMC in 2004...... 18 2.1 Law and Justice Commission...... 19 2.2 National Judicial (Policy Making) Committee...... 24 2.3 Governing Body of Access to Justice Development Fund 26 2.4 Reports Approved in 2004...... 26 2.5 Law Reforms Proposals...... 28 2.6 Implementation of Recommendations...... 28 2.7 Automation Plan - Moving Ahead With Implementation. 32 2.8 Public Awareness Scheme...... 33 2.9 Commission/NJPMC Publishes Annual Reports of the Courts...... 33
3. Access to Justice Development Fund...... 36 4. Commission’s Website...... 37 5. Procedure of Selection of Projects...... 38 6. Commission’s Finances...... 39 7. Other Activities...... 40 8. Legal Discovery Centre...... 41 9. Relations with other Law Commissions...... 42 10. Annexures
10.1 List of Reports. (Annex I)...... 43 10.2 Public Awareness Scheme (Annex II) ...... 47 10.3 Pending Projects (Annex III)...... 65 10.4 Address of Other Law Commissions (Annex IV)...... 75 4
Foreword
I am delighted that the Secretary, Law & Justice Commission of Pakistan is publishing the Annual Report 2004 of the Law & Justice Commission of Pakistan (LJCP) and the National Judicial (Policy Making) Committee (NJPMC). The report affords a detailed and sound insight into the work the Commission and Committee have done during 2004.
Let me say that the role of LJCP is of vital importance. It is mandated to perform critical functions to facilitate the reform process of modernizing the legal system and formulating effective and workable policies to strengthen the system of administration of justice in the country. This is a profound responsibility involving arduous work and sustained efforts. It is in this context that the past year has seen many an important millstones the Commission has accomplished in relation to its functions. Considerable amount of effort went into performing functions related to newly created National Judicial (Policy Making) Committee (NJPMC) and establishing its institutional linkages with the Commission. It would therefore be pertinent to share with you the progress made in different areas particularly with reference to the new functions entrusted to LJCP and the responsibilities of NJPMC.
The NJPMC also has a key role in identifying constraints and recommending strategies for improvement of judicial administration and policy making in the country. This new responsibility necessitates the formulation and adoption of a revamped approach to research, which combines the academic with the practical and also the development of suitable in-house capacity in this field. The work in this area is also in progress and the Government have agreed to provide the necessary additional staff and resources.
The Law and Justice Commission has taken important decisions with regard to the management of Rs. 1479 million Access to Justice Development Fund (AJDF) endowment. The LJCP in its meeting held on 11 December 2004 approved the AJDF Accounting Procedure. This decision along with approval of Workplan to disburse Rupees fifty eight million has led to initial steps needed to operationalize the AJDF. The AJDF provides resources to address some of the chronic problems of the judicial and legal sector, such as legal empowerment, legal education, resources for the subordinate courts, training and capacity building. The Fund is managed by Governing Body, AJDF. The Fund has already been invested in Government approved schemes. Keeping in view the innovative mechanisms required to manage and administer the fund, specialized in-house expertise is being developed to manage the Fund. Necessary rules/regulations for its disbursement have been prepared and notified and the disbursement process is in hand. 5
An important function entrusted to the LJCP is the dissemination of legal literacy to promote rule of law, awareness of rights and responsibilities amongst the citizens. Such efforts particularly focus on instilling legal awareness amongst the vulnerable groups such as women, children, labor and others through development of simplified version of laws. At the moment, the LJCP Secretariat has little resources to perform this function. However despite such constraints, the Secretariat prepared some 60 reports under the Public Awareness Scheme and got them published through print/electronic media. These have also been published in Volume 2 of the Commission’s publication titled ‘Qanun Fehmi’.
Realizing the meager incentive available to motivate judges of subordinate courts, the NJPMC approved judicial allowance. I sincerely hope that payment of judicial allowance to the Judges of the subordinate courts will help improve their performance and working to ensure speedy justice. It is a matter of satisfaction that the judicial allowance is being paid in all provinces. The NJPMC further recommended the payment of utility allowance to the Judges and staff of the subordinate judiciary. So far this allowance has been sanctioned in the Province of Balochistan. I believe that the rest of the provinces will follow suit.
The Secretariat of Law and Justice Commission has for the second time published the National Judicial Statistics of Pakistan and the annual reports of the Supreme Court, Federal Shariat Court, High Courts, Subordinate Courts and Special Courts/Administrative Tribunals under the Access to Justice Programme. This is again a statutory function and is currently being regularized and institutionalized. This is a step towards transparency and accountability in the system of administration of justice in the country.
The LJCP and NJPMC together with their sub-committees have been regularly meeting during the last year to scrutinize and approve several reports. The recommendations thus formulated were duly forwarded to the Government for implementation. I remain assured with the response of the Parliament and Provincial legislatures to give due consideration to these recommendations for their effective and quick implementation.
I wish to acknowledge the dedicated efforts and hard work of LJCP Secretariat in carrying out the functional responsibilities of the LJCP/NJPMC and its subsidiary Committees. I hope that the same level of dedication and hard work will be demonstrated in the present year in accomplishing the tasks assigned to the two bodies.
Justice Nazim Hussain Siddiqui Chairman
Islamabad 25 June, 2005 6
Secretary’s Report
The Law and Justice Commission of Pakistan (LJCP) is a Federal Government institution working to modernize and strengthen the legal system and system of administration of justice in the country. The Commission makes recommendations to the Federal/Provincial Government on legal/judicial reform. The Commission coordinates its functions with the National Judicial (Policy Making) Committee (NJPMC) responsible for formulation and implementation of judicial policy.
I am pleased to share with you the LJCP/NJPMC Annual Report 2004. This report provides a brief but succinct overview of the duties of the LJCP/NJPMC and the corresponding responsibilities of its Secretariat. It also touches upon the organizational features of the Secretariat and main highlights of its performance in 2004.
Commission’s Responsibilities
The Commission is mandated to perform functions such as reform/modernization of laws (federal and provincial), reform in the administration of justice, improving the standard of legal education, and dissemination of legal literacy through simple explanations of laws.The expanded role of the Commission now also includes preparing and executing schemes for human resource development for efficient court administration and case management, coordination of judiciary and executive, preparing and implementing plans for access to justice, provision of legal aid and protection of human rights.
Recognizing the pivotal role of LJCP in the legal/judicial system of Pakistan, the Government has entrusted LJCP the responsibility to administer the Access to Justice Development Fund (AJDF) which is meant for improving the capacity and performance of the subordinate courts, improving the standard of legal research and education, judicial training and provision of legal aid to needy and deserving persons. AJDF is a statutory endowment amounting to total Rs. 1479 million out of which 1421 has been invested in government approved securities while Rs. 58 million is being disbursed towards specified fund objectives. In December 2004, the LJCP approved AJDF Accounting Procedure and Workplan to operationalise the fund.
The Secretariat of the Commission has been given the statutory responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee, which was set up in 2002 as the apex national forum for formulation and implementation of judicial policy. The NJPMC is headed by the Chief Justice of Pakistan and comprises the Chief Justice, Federal Shariat Court and four Chief Justices of High Courts. The Secretary, Law and Justice Commission of Pakistan is designated as Secretary to the Committee. It has also since become functional and meets regularly. 7
NJPMC is mandated to formulate and implement judicial policy and prepare schemes for improving the capacity and performance of the administration of justice. For this purpose, the Commission’s Secretariat has provided regular support to the Committee in 2004. A number of papers and briefs were prepared for the consideration of the NJPMC and the decisions made by the Committee have been recorded in the relevant part of this report.
Commission’s Performance
The Commission by the end of 2004, approved and published 67 reports on different issues/subjects and submitted the same to the Government for implementation. A detailed list of such reports is given at Annex 1. In 2004, the Commission approved 5 law reform reports.
The Secretariat also operates a Legal Awareness Scheme for public information and education. Under this scheme, write-ups are prepared in Urdu on legal issues/problems of public concern/interest and published through the news media. A list of such published material is at Annex II. The Secretariat of the Commission also published Volume II of a Report in Urdu titled “Qanun-e- Fehmi” containing write-ups on legal and judicial issues for public education and awareness. Citizens are encouraged to obtain further clarification and/or advice on legal issues from the Secretariat by writing or personal contact or on phone. Several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion. A list of all pending projects is at Annex III
To ensure transparency and accountability in the judicial system, the LJCP Secretariat published annual reports of the courts of Pakistan. This is a major step forward towards promoting a predictable, efficient and effective justice delivery in the country.
With a view to ensuring quick and inexpensive dispensation of justice at the grassroots level, the LJCP recommended the establishment of Small Claims and Minor Offences Courts for trial of certain categories of cases through a shortened procedure. Accordingly, the Government of Pakistan promulgated the Small Claims and Minor Offences Courts Ordinance in the year 2002. The Small Claims & Minor Offences Courts will expeditiously decide small claims of the value of one lac rupees and minor criminal offences where the punishment prescribed is not more than three years. These courts will also resort to alternative means of dispute resolution such as mediation, conciliation and arbitration. The courts will also expeditiously decide matters by undertaking day to day hearing of the cases. LJCP is working to make sure that necessary court rooms, staff and equipment are provided for the effective functioning of such courts. Although the Government of Pakistan passed the Small Claims and Minor Offences Courts Ordinance in the year 2002 but establishment of these 8
courts met difficulties due to shortage of recourses, systems and human resources necessary to operationalise such courts. The LJCP, however, has been quite active in pursuing the matter in this regard. Provincial Governments were approached in the outgoing year for establishment of the said courts in consultation with the Chief Justices of the respective High Courts. It gives me great satisfaction that LJCP effort bore fruit as Provinces of Punjab, NWFP and Sindh have created the Small Claims & Minor Offences Courts and the Province of Balochistan is in the process to create these courts. With the established of these courts, it is hoped that the dispensation of justice at the district level will further improve.
A great deal more needs to be done to implement the new vision about the role of the Commission and its Secretariat. This however, requires sustained effort and commitment of substantial additional resources by the Government. The last year has been devoted in articulating the Commission’s case before the Government and in performing the most critical of new functions with support of the limited resources available to the Secretariat. I hope that this year, the Commission will acquire the necessary support and make headway in performing its new role.
Secretariat’s Strength & Resources
The Commission’s Secretariat is headed by a Secretary and comprises posts for research and ministerial staff. The sanctioned posts include 3 Joint Secretaries, 4 Deputy Secretaries, 5 Research Officers, 2 Section Officers, MIS Manager, System Analyst, 2 Computer Programmers and Computer Operator. The working strength is 1 Joint Secretary, 2 Deputy Secretaries and 2 Research Officers. In keeping with the expanded role of the Commission, additional staff has been sanctioned by the Government. The process of recruitment is in hand.
The Commission has its own library, which is further assisted by a Legal Discovery Center established with the support of the embassy of USA to enhance research facilities for scholars and officials of the justice sector. A computer network is functioning effectively in the Secretariat to ensure discharge of professional work in a speedy manner. The Commission is running its website www.ljcp.gov.pk.
The Commission welcomes interaction with research institutions, professional bodies, jurists, scholars, researchers and citizens on the issues of legal and judicial reform. Views, comments and suggestions for reform of law, improvement in administration of justice, standard of legal education and protection of human rights can be forwarded to the Secretariat.
Dr Faqir Hussain Secretary Islamabad, 25 June 2005. 9
1- Law and Justice Commission & National Judicial (Policy Making) Committee
1.1 The Statutes
The Law and Justice Commission of Pakistan is a Federal Government institution, established under the Ordinance (XIV) of 1979. Its role and responsibilities have been redefined and expanded by the Law Commission (Amendment) Ordinance, 2002. Its name has also been changed to Law and Justice Commission of Pakistan to conform to the new statutory mandate of the Commission.
The Government of Pakistan has constituted the National Judicial (Policy Making) Committee under an Ordinance (LXXXI) of 2002 to streamline the system of judicial administration in the country. The NJPMC provides a statutory platform to all the superior courts of the federation and the provinces to jointly formulate and implement policies for judicial governance and improved service delivery in the judicial and legal sector.
1.2 Functions
The functions of the Commission are listed in Section 6 of the Ordinance. These include:
1. carrying out a regular and systematic review of the statutes and other laws of the land, with a view to improving/modernizing the same and bring it in accord with the changing needs of the society;
2. arranging the codification and unification of laws, so as to eliminate multiplicity of laws on the same subject;
3. removing inconsistencies between Federal and provincial laws;
4. simplifying laws for easy comprehension and suggesting measures to make the society law-conscious;
5. introducing reforms in the administration of justice;
6. adopting simple and effective procedure for the administration of laws to ensure substantial, inexpensive and speedy justice;
7. recommending improvements in the quality/standard of legal education;
8. taking measures for developing human resources for efficient court administration and management of case flow; 10
9. co-ordination between the judiciary and executive authorities of the Federal Government and provincial governments on administrative, financial and other related matters;
10. preparing and operating schemes for access to justice, legal aid and protection of human rights;
11. managing the Access to Justice Development Fund; and
12. the Federal Government or any provincial government may seek the opinion and advice of the Commission on any matter relevant to its functions.
This list includes the new functions, which have been entrusted to Law and Justice Commission vide the amendments made to Law Commission Ordinance in 2002. The Commission is required to publish an annual report of its activities and such other periodic or special report as may be recommended for reformation of the legal/judicial system. The reports are submitted to President of Pakistan.
The National Judicial (Policy Making) Committee has been entrusted with the following functions:
1. improving the capacity and performance of the administration of justice;
2. setting performance standards for judicial officers and persons associated with performance of judicial and quasi-judicial functions;
3. improvement in the terms and conditions of service of judicial officers and court staff, to ensure skilled and efficient judiciary; and
4. publication of the annual or periodic reports of the Supreme Court, Federal Shariat Court, High Courts and courts subordinate to High Courts and Administrative courts and Tribunals.
The Committee is required to publish an annual report of its activities and such other periodic or special reports, relating to its functions. The reports are submitted to President of Pakistan.
1.3 Composition
The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Senior Adviser to the Prime Minister on Foreign Affairs and Law & Justice, Attorney General for Pakistan, Secretary, Ministry of Law & Justice, Chairperson, National Commission on the Status of Women and one representative from each of the four provinces. 11
The non-officio members of the Commission are appointed for a period of 3 years. They are appointed by the Government on the recommendation of the Chairman of the Commission. Under the amendments made to the Law and Justice Commission Ordinance in 2002, the Chairman of the Commission can also appoint a suitable person(s) as a member (s) for a specified period to perform specified function.
The National Judicial (Policy Making) Committee is headed by the Chief Justice of Pakistan and includes Chief Justice, Federal Shariat Court, and Chief Justices of four provincial High Courts. The Secretary, Law & Justice Commission is designated as Secretary to the Committee.
1.4 Library & Computerisation
The Commission has its own library with a collection of 5000 reference books and law reports. The staff has also access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission i.e. its composition, functions, reports already approved/published and pending projects. The courts annual reports for the year 2001, 2002 and 2003 are also hosted on the web. 12
1.5 Bio data of Members
A brief introduction of the members of the Commission and NJPMC follows
Chairman Mr. Justice Nazim Hussain Siddiqui (Appointed on 31 December, 2003)
Mr. Justice Nazim Hussain Siddiqui son of Late Mukarram Hussain Siddiqui was born on 30 June 1940. Did B.A, LL.B. from University of Hyderabad; LLM from University of Karachi. Practiced as Lawyer at Hyderabad for 4/5 years. Served as Civil Judge; Senior Civil Judge; Additional District & Sessions Judge; District and Sessions Judge at Sukkur and Dadu; Registrar, High Court of Sindh (twice); Customs Judge (thrice); Special Judge, Anti-Corruption; Special Judge, Banking Court; Chairman, Commercial Court and Drug Court; Member, Appellate Insurance Tribunal; Presiding Officer, Labour Court; Member, Supreme Appellate Court/Tribunal; Chairman, Institute of Business Administration (I.B.A) Karachi; Member, Board of Governors of Agha Khan University, Karachi; Member, Board of Governors of Indus Valley School, Karachi; Chairman, Central Zakat Council of Pakistan, Islamabad; Member, Selection Board of the Quaid-i-Azam University, Islamabad. Elevated as Judge, High Court of Sindh on 24th March, 1992; Appointed as Chief Justice, High Court of Sindh on 22nd April, 1999; Appointed as Judge, Supreme 13
Court of Pakistan on 4th February, 2000 and appointed as Chief Justice of Pakistan on 31st December, 2003. Ex-Officio Chairman of: Law and Justice Commission of Pakistan; Federal Judicial Academy, Islamabad and National Judicial (Policy Making) Committee and Almizan Foundation. Visited France twice in connection with meetings of the Agha Khan University at Paris; Represented Pakistan in the First U.K. Pakistan Judicial Conference on Child and Family Laws held at London from 15th to 17th January, 2003; Participated in the Second U.K. Pakistan Judicial Conference on Child and Family Laws held at Islamabad from 21st to 24th September, 2003 and hosted and chaired the 7th SAARC Chief Justices Conference held at Karachi on 21st February, 2004.
Members
SYED SHARIFUDDIN PIRZADA, Senior Advisor to Prime Minister & Senior Advocate, Supreme Court (Term expired on 24-02-2004)
Graduate in Law from Bombay University, India in 1945; Senior Advocate Supreme Court of Pakistan; Ambassador-at-Large; Honorary Secretary to Quaid- e-Azam Muhammad Ali Jinnah from 1941-44; Secretary, Bombay City Muslim League in 1945-47; Chairman, Publicity Committee of Bombay Provincial Muslim League during General Elections 1945-47; Managing Editor of the Daily Morning Herald, Bombay, 1947; led Pakistani Delegation to United Nations in 1960; Chairman, Quaid-e-Azam Biographic Committee; Foreign Minister of Pakistan, 1966-68; Advisor to the Constitution Commission of Pakistan; Attorney General for Pakistan, 1968-71; Chairman, U.N. Human Rights Sub- Committee on Minorities 1977; Member, International Law Commission; Chairman, Experts Committee for drafting the statutes of Islamic International Court of Justice (O.I.C); Federal Minister of Law and Parliamentary Affairs and Attorney General for Pakistan, 1977; Attorney General and Law Minister, 1978- 84; Chairman, Company Law Commission 1981; represented Pakistan in International Tribunal on Runn of Kutch, 1965 and also before International Civil Authority, Montreal in the over flight case; Secretary General O.I.C 1985-88; Ambassador-at-Large; Caretaker Foreign Minister, 1993; Awarded 'Nishan-i- Imtiaz' in 1998; Received High Awards from France, Germany, Jordan, Syria and South Korea; Member, National Security Council 1999; Ambassador-at- Large 1999; Judge Ad-hoc, International Court of Justice, 2000; Honorary Senior Advisor to the Chief Executive of Pakistan 2000-2002 and Senior Advisor to the Prime Minister on Foreign Affairs and Law & Justice since 2002. 14
MR JUSTICE MIAN SHAKIRULLAH JAN, Former Chief Justice, Peshawar High Court Elevated as Judge of the Supreme Court on 31st August 2004.
Graduate in Law from Law College, University of Peshawar in 1972; Enrolled as an Advocate in 1973, Advocate of High Court in 1975 and Advocate of the Supreme Court in 1980. Appointed Additional Advocate General, NWFP in 1993; Remained Member, Supreme Court Bar Association of Pakistan; Member, Provincial Bar Council, NWFP; Secretary General, Peshawar High Court Bar Association; Vice President, Peshawar High Court Bar Association; Visiting Lecturer at the Provincial Services Academy, Peshawar; Part-time Lecturer at the Frontier Law College, Peshawar; Participated in the Shariah Course of the Shariah Academy of International Islamic University, Islamabad in 1991; Elevated Additional Judge of Peshawar High Court on 13th December 1993 and appointed Chief Justice on 10th January 2002. Participated in the Fourth Seminar for Developing Bar Association at Long Island, New York, USA in 1990; The 23rd Biennial Conference of International Bar Association at New York in 1990 and Law-Asia Legal Aid Seminar, at New Delhi, India. Elevated as Judge of the Supreme Court on 31-8-2004.
MR JUSTICE CH. EJAZ YOUSAF, Chief Justice, Federal Shariat Court (since 15 January 2003)
Graduate in Law and holding Master degree in Economics; Enrolled as Advocate in 1976, Advocate of High Court in 1978, Advocate of Supreme Court in 1991; Appointed as Advocate General, Balochistan in 1996, Additional Advocate General, Balochistan in 1992; Special Law Officer by the Federal Ministry of Law, Justice and Human Rights, to conduct cases in the Speedy Trial Court as well as Supreme Appellate Court; Special Prosecutor for Pakistan Narcotics Control Board and Anti-Narcotics Force, Balochistan in 1990; Honorary Lecturer in the University Law College Balochistan from 1983 to 1992; Elevated as Judge of Federal Shariat Court in 1997; Appointed Acting Chief Justice on 15 January 2003 and Chief Justice, Federal Shariat Court on 9-5-2003.
MR JUSTICE SAIYED SAEED ASHHAD, 15
Chief Justice, High Court of Sindh
Practiced at the Bar from 1964 -1975; Appointed Additional District & Sessions Judge, Khairpur in 1975; Remained Presiding Officer, Labour Court, Karachi; Additional District & Sessions Judge, Karachi; Draftsman, Law Department, Government of Sindh, Karachi; District & Sessions Judge, Shikarpur; Presiding Officer, Labour Court, Karachi; Special Judge (Custom, Taxation & Anti- Smuggling),Karachi; Chairman, Insurance Appellate Tribunal: Chairman, Drug Court; Judicial Member, Income Tax Appellate Tribunal; District & Sessions Judge, Sukkur; Special Judge (Custom, Taxation and Anti-Smuggling), Government of Pakistan, Karachi; District & Sessions Judge, Karachi; Elevated as Judge of High Court of Sindh on 11 January 1997; As Chief Justice, High Court of Sindh on 28 April 2000.
MR JUSTICE RAJA FAYYAZ AHMAD, Chief Justice, High Court of Balochistan
Graduate in Law from University Law College Lahore; Enrolled as an Advocate in 1968; Remained honorary lecturer in the University Law College, Quetta; Legal Advisor, Quetta Municipal Corporation, Joint Secretary, General Secretary and President of the Balochistan Bar Association; Elevated as Judge, High Court of Balochistan in January, 1997 and appointed as Chief Justice on 28 th April, 2000.
MR. JUSTICE IFTIKHAR HUSSAIN CHAUDHRY, Chief Justice, Lahore High Court 16
Mr. Justice Iftikhar Hussain Chaudhry was born in 1946 in a renowned family of Jhelum, Punjab, having a long history of public service. He was educated in Jhelum and Lahore. He studied Law in the Punjab University Law College, Lahore and passed LL.B. Degree examination in first Division in 1970. He worked with his elder brother Chaudhry Altaf Hussain, an eminent and leading lawyer of the region, who became Governor of the Punjab twice. His Lordship started practice in Lahore High Court, Lahore in 1979. He shifted to Rawalpindi in 1981 when Rawalpindi Bench of Lahore High Court was established. He remained Federal Government’s Counsel, Standing Counsel and Deputy Attorney-General for Pakistan prior to his elevation as Additional Judge of Lahore High Court on 7th August 1994. He was appointed as permanent Judge of the Court on 5th June 1995. Having vast and varied experience of legal practice in major areas of law, he can ably deal with Constitutional, Criminal, Civil and Commercial cases which are brought to High Court and has rendered a large number of quality judgments in various branches of law. He was appointed as 36th Chief Justice of Lahore High Court on 7th September 2002. He is computer-literate and has widely traveled. His areas of interest are travel and studying history, culture and information technology.
MR JUSTICE NASIR-UL-MULK, Chief Justice Peshawar High Court (Elevated on 31st August 2004)
Born on 17th August 1950 at Swat. Graduate in Law from Law College, University of Peshawar in 1972; Barrister-at-Law , Inner Temple, London, 1976; Enrolled as Advocate and practiced as Legal practitioner at Peshawar; Twice elected President of Peshawar High Court Bar Association in 1990 and 1993; Elected Secretary General Peshawar High Court Bar Association in 1981; Appointed Advocate General of NWFP in 1993-1994. Elevated as Judge Peshawar High Court on 6th June 1994. Elevated as Chief Justice Peshawar High Court on 31st August 2004.
BARRISTER MAKHDOOM ALI KHAN, Attorney General For Pakistan 17
Graduate in Law from University of Karachi, Pakistan and University of Cambridge, England; LL.M. from London School of Economics and Political Science, England; Enrolled as Advocate, High Court of Sindh, 1977; Barrister, England & Wales, Society of Lincoln’s Inn, 1978; Enrolled as an Advocate, Supreme Court of Pakistan in 1989 and Senior Advocate Supreme Court of Pakistan in 2001; Lecturer in Law, University of Keele, England, 1979 -1980; Professor of Law, Law Faculty, University of Karachi; (S.M. Law College) 1980-88, Attorney General for Pakistan since 24th September 2001.
JUSTICE (RETD) MANSOOR AHMED SECRETARY, LAW, JUSTICE AND HUMAN RIGHTS.
Graduate in Law from University of Sindh in 1965; Enrolled as an advocate in 1966; Advocate of the Lahore High Court in March 1972 and advocate of the Supreme Court in 1983. Did practice as an advocate for 36 years; Handled numerous cases of constitutional, criminal, civil and human rights in Superior Court in Pakistan; Appointed legal advisor to various Government Departments; appointed standing counsel for the Federal Government in 1992; Elected as President of Bar Association for the year 1992- 93; Appointed prosecutor in high profile accountability cases in 1996; Appointed as Deputy Attorney General for Pakistan in 1996 and remained as such upto May 2001. As a Deputy Attorney General defended and prosecuted state cases including criminal cases at the level of Supreme Court and High Courts of Pakistan; Elevated as Judge of the Lahore High Court on May 2001; Appointed Secretary Law, Justice and Human Rights Division while serving as a Judge of High Court.
JUSTICE (RETD) MAJIDA RAZVI, Chairperson, National Commission on the Status of Women
Graduate in Law and holding Master degree in Political Science & International Relations, University of Karachi; Enrolled as Advocate in 1963; Advocate of Sindh High Court in 1966 and the Supreme Court of Pakistan in 1981; Associated with Asian Development Bank project on judiciary-delay reduction & mentor of Pilot Court in Sindh as nominee of Chief Justice, Sindh; elevated 18
Judge, High Court of Sindh in 1994; Appointed Chairperson, National Commission on the Status of Women in 2002.
SYED AFZAL HAIDER, Senior Advocate, Supreme Court (Term expired on 24-02-2004)
Graduate in Law from Punjab University; lecturer, Punjab University Law College; Professor of law, Quaid-e-Azam College and Pakistan College of Law; Visiting Professor Pakistan Navy War College, Lahore; Elected Secretary, Lahore High Court Bar Association, 1960-61; President, Lahore High Court Bar Association, 1983-84; Member, Pakistan Bar Council 1984-1994; Vice Chairman, Pakistan Bar Council, 1989-1990; Chairman, Executive Committee, Pakistan Bar Council 1990-1991; Appointed Member Council of Islamic Ideology in 1989; Member, National Mozarba Board, 1995-1998; Member, Advisory Committee, Pakistan Bait-ul-Mal; Minister for Law and Parliamentary Affairs of the Punjab, 1996-1997; Chairman, Baba Farid International Conference, 1989-1990; Attended various International Conferences at New York, Tokyo, Tehran and Delhi.
MUHAMMAD ASLAM CHISHTI, Senior Advocate, Supreme Court (Term expired on 24-02-2004)
Graduate of Law from University Law College, Lahore; joined service as Police Prosecutor in Quetta-Kalat Range of West Pakistan and served as such till 1971; resigned from service and joined local Bar at Quetta in 1971; and Sindh/Balochistan High Court in 1972. Enrolled as Advocate Supreme Court in 1978 and Senior Advocate, Supreme Court in 1985. 19
MR. M. SARDAR KHAN, Senior Advocate, Supreme Court (Term expired on 24-02-2004) 20
1.6 Commission’s Secretariat
The Secretariat of the Commission is established under Section 5 of the Law & Justice Commission of Pakistan Ordinance. It is part of the Federal Secretariat and is headed by a Secretary and comprising other officers and staff. The functional strength of the Secretariat consists of a Secretary, two Joint Secretaries, two Deputy Secretaries, two Research Officers and other support staff, given below in the organizational chart.
Secretary
Joint Secretary-I Joint Secretary-II
Deputy Secretary-I Deputy Secretary-II
Research Officer-I Research Officer-II
Supdt. Accountant Computer Supdt. Res. Librarian Admin. Programmer & Ref.
Admin. & Protocol and Bud. & Computer Res. & Library Gen. Transport Acctt. Ref. Section Section Section Section Section
Under Section 8 of NJPMC statute, the Secretariat of the Commission has been entrusted with the responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee as well. This new responsibility has greatly enhanced the staffing and resource needs of the Commission’s Secretariat and efforts are being made to cater for the new requirements with the support of the Government. In the first phase 13 posts of professional and technical staff were recently created to strengthen the capacity of the Commission. Process will soon be initiated to fill the posts.
2. Performance of the Commission and NJMPC in 2004
During the year, the Law & Justice Commission of Pakistan (LJCP) and National Judicial (Policy Making) Committee (NJPMC) held several Sessions to consider and approve proposals for reform of law and improvement in the system of judicial administration in the country. A total of four meetings were held by the 2 bodies, two of the LJCP and two of the NJPMC. In addition, one meeting of the Governing Body of the Access to Justice Development Fund (AJDF) was also held. The Governing Body is responsible for the administration and management 21
of the AJDF. The US $ 25 million is an endowment grant from the Federal Government for improvement in the system of administration of justice in the country. The Governing Body administers and manages the Fund. The Fund is for strengthening the capacity of the subordinate courts, judicial training, improvement in the quality of the legal education, research/innovation in law/administration of justice and provision of legal aid to needy and deserving segments of the society. The Governing Body deliberated upon ways and means to find better modes of investment of the Fund and ensure its utilization for the specified objectives. Other sub-committees of the LJCP/NJPMC, constituted also held sessions to formulate proposals for the approval of the two bodies.
The Secretariat of the Commission, which is also required to provide secretarial assistance to the NJPMC, worked very hard to cope with the enhanced mandate and increased responsibilities of the two bodies. The Secretariat prepares the initial work/theme papers and places it on the agenda for the consideration of LJCP or NJPMC, as the case may be. The deliberations in the meetings and advise/guidance for improvement, are added to the papers. A paper finally approved by the LJCP/NJPMC is published in the form of report and submitted to the Federal/Provincial Government for implementation.
2.1 Law and Justice Commission
Law and Justice Commission in session 22
The Commission made the following decisions/recommendations in its two meetings held on 14 February and 11 December, 2004:
The following decisions were made in the meeting held on 14 February, 2004:
(i) Mr. Justice Nazim Hussain Siddiqui, Chief Justice of Pakistan & Chairman of the Commission, presiding over the meeting of the LJCP, in his introducing remarks stated that the Commission comprises of most distinguished members, representing the Bench, Bar, Federal Government and Provinces. The Commission is a statutory body of the Federal Government and has been given a fairly wide mandate. Highlighting the role of the Commission, the Honorable Chief Justice stated that Federal and Provincial Governments need to take appropriate reforms and modernization of the legal system in order to improve the system of administration of justice in the country. Systematic and timely reform of the laws and judicial administration, is essential for the development of law and establishment of an efficient system of administration of justice. The purpose of strengthening the judicial system is to contribute towards ensuring good governance in the country. Good governance, leads to national development. It has close nexus with a modernized legal system and efficient court administration. This is a vital function of the judiciary, as the third important tier of the State structure. The judiciary has to ensure that the mandate of the Constitution is followed by all State functionaries and organs, and no institution may transgress its specified limits. This is an onerous responsibility bestowed by the Constitution, which the judiciary has to perform. The Honorable Chief Justice went on to elaborate that the improved system of administration of justice not only provides sound foundation for good governance but also creates conditions conducive for economic growth and investors confidence. The Commission approved a record number of law reform recommendations during the last few years and most of these have been promulgated by the Government. He hoped that the members will continue to provide guidance in realizing the aims and objectives of the Commission.
(ii) the Commission appreciated that the Secretariat is publishing the annual reports of all the courts and tribunals, working in Pakistan. The Report of the Supreme Court for the year 2002 has already been published and reports of the Federal Shariat Court, High Courts, Special Courts and Administrative Tribunals would be published in due course of time. Expressing the view that the publication of the reports will lead to greater transparency and accountability of the judicial system. Further the courts will be able to plan for meeting the increasing workload, clear the backlog and ensuring expeditious and inexpensive justice to citizens. 23
(iii) approved an amendment in section 351 of the Code of Criminal Procedure 1898, to enable the Trail Court to issue notice to summon a person, who is not initially charged for the offence, but during inquiry or trial is found to be involved in the offence. The purpose of this amendment is to expedite investigation process against the alleged person. The Commission however, emphasized that arrest or detention of a person can be caused only when his guilt is sufficiently established, and thus emphasized that necessary safeguard must be given in the proposed law to ensure that innocent person is not harassed under the garb of the said enabling provision because the dignity of man and right to personal liberty are precious rights and cannot be trifled with.
(iv) approved an amendment to Section 67 of the Pakistan Penal Code 1860 which provides for the alternative punishment of imprisonment in case of default in payment of penalty for fine by the convict. With the passage of time and devaluation of the currency, the sums of penalty mentioned in the said section have lost correlation with the quantum of imprisonment prescribed. The Commission recommended that the sums should be appropriately enhanced so as to ensure a correct balance between amount of fine and imprisonment for default thereof.
(v) while examining various provisions of the Code of Criminal Procedure 1898 providing for the power of the police to arrest a person without warrant or order of the Magistrate, the Commission expressed the opinion that extremely wide discretion is given to the police and these powers are often abused and misused thereby resulting in the arrest and detention of innocent citizens which at times deprives citizens of their fundamental rights such as personal liberty, dignity and security. There is need to review the criminal law with a view to put checks and limits on the wide discretionary powers of the police so as to prevent the unnecessary harassment of the citizens. The abuse of power, needs to be checked and that it may be explored as to how such tendency can be curbed through imposition of penalties on the concerned public functionaries. The Commission therefore recommended preparation of appropriate draft legislation on the suggested lines for consideration of the Commission.
(vi) taking notice of the increasing incidents of customary practice of Vanni/Swara (giving female in marriage as consideration for compounding disputes/offences), the Commission noted that necessary amendment should be made in the law providing for the dissolution of marriage, consummated under the custom of Vanni/Swara. Besides other measures it may also be explored as to how such marriage should be declared as void and rendered liable to dissolution by the Family Court. The practice of Vanni/Swara is in violation of the country’s Constitution, 24
established International Human Rights norms and the injunctions of Islam, besides inhuman and degrading to women. Thus, practice of Vanni, should be strictly curbed. The Commission therefore, recommended revision of the draft on the lines discussed and appropriate legislation drafted for consideration of the Commission.
(vii) approved the sanction of Judicial Allowance to the judges of the subordinate courts and a percentage of increase in salary as utility charges for the judges and court staff of the subordinate courts. The Commission emphasized that the judges perform arduous responsibilities should be given emoluments commensurate with their status, responsibilities and family needs and urged for immediate sanction of the said allowance.
The following decisions were made in the meeting held on 11 December, 2004: i. examined the issue of absconding of the accused while on bail, because of which proceedings get delayed in the courts and recommended for amendment of Sections 513 and 514 of the Code of Criminal Procedure. The objective is to empower the trial court so that court while granting bail to an accused, should require from him to deposit the bail amount in cash or through Government promissory notes of such amount or to furnish bank guarantee of the required amount, to the satisfaction of the Court. This, in view of the Commission, will ensure the appearance of accused for trial to proceed in a required manner. However, the accused should be given reasonable time to arrange for such cash deposit or bank guarantee. In case the Court is satisfied that the accused has no means to deposit such amount or bank guarantee, then it may require him to execute bail bond of such amount, with or without surety. ii. examined the issue of increase in making fake ‘agreements to sell’ immovable property, particularly of expatriate Pakistanis property and also executing of such agreements through the power of attorney and approved an amendment to Section 17 of the Registration Act 1908 for preparing the power of attorney, which authorizes the attorney to sell the immovable property or sign an agreement to sell off immovable property. Power of attorney is a document made compulsorily register- able under Section 17 of the Registration Act. iii. examined the issue of general complaints against the police for not registering the FIRs and recommended availability of alternate procedure for recording of FIRs under Sections 22-A and 25 of the Code of Criminal Procedure 1898. The Commission recommended appointment of the Sessions Judge and Additional Sessions Judge to act as ex-officio justices of peace. The ‘justice of peace, in appropriate cases, 25
can pass directions to the police authorities for recording of FIRs. In Sindh the Provincial Government has established Citizen Police Liaison Committee at Karachi which records the statement of complainant and send it to the concerned police officer for recording as FIR. In Punjab, the Lahore High Court is in the process of prescribing procedure for execution of powers of justice of peace under Sections 22-A and 25 of the Criminal Procedure Code by the Sessions Judges for recording of FIRs by the police. The issue was deferred till the finalization of the procedure by the Lahore High Court.
Members of the Law and Justice Commission
Chair (L to R) Barrister Makhdoom Ali Khan, Attorney General for Pakistan; Mr. Justice Raja Fayyaz Ahmed, Chief Justice, High Court of Balochistan; Mr. Justice Ch. Ejaz Yousaf, Chief Justice, Federal Shariat Court; Mr. Justice Nazim Hussain Siddiqui, Chief Justice of Pakistan/ (Chairman LJCP); Mr. Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh; Mr. Justice Nasir-ul- Mulk, Chief Justice, Peshawar High Court; Justice (Retd) Majida Razvi, Chairperson, National Commission on the Status of Women;
Standing (L to R) Mr. Justice Abdul Shakoor Paracha, Judge, Lahore High Court; Mr. Justice (Retd) Mansoor Ahmed, Secretary, Law, Justice and Human Rights Division; Dr. Faqir Hussain, Secretary, Law and Justice Commission of Pakistan. 26
2.2 National Judicial (Policy Making) Committee
National Judicial Policy Making Committee in session.
The National Judicial (Policy Making) Committee was established in 2003 and has since become functional. During 2004, the Committee met 2 times and made the followings decisions:
Meeting on 29-5-2004. i. recommended that the Small Claims and Minor Offence Ordinance 2002 should be enforced by the Provinces and respective Provincial Governments in consultation with the High Courts which may designate courts for the purpose. These Courts will be manned by the Civil Judge- cum-Judicial Magistrate and shall be responsible for quick and expeditious decisions of small claims where the value of the suit is less than one hundred thousand rupees. These Courts will also decide minor offences where the punishment prescribed is less than 3 years imprisonment. The law has prescribed a summary procedure for the trial of such suits and offences. The law has also prescribed a mechanism and procedure for the amicable settlement of disputes, between the parties, through arbitration, mediation or conciliation etc. If amicable settlement is reached, the same shall be enforced as a decree or order of the Court. However, if no compromise is reached, then the Court will proceed to 27
decide the matter through summary trial procedure. The Court is required to decide the case within a period of sixty days. The Small Claims and Minor Offences Courts will be established at the District or Tehsil level, so as to make justice available at the community level. The purpose of the statute is also to provide legal cover to amicable modes of settling disputes between the parties, which process will be facilitated by the Courts. The law is intended to make justice easily and expeditiously available and without having to incur heavy costs. ii. discussed the Courts Automation Plan whereunder computers are being provided to all the courts in the country. In due course of time the Courts in Pakistan will be connected through Internet and will have access to case-law as well as statutory law. Furthermore, the cause lists as well as judgments of the Courts will also be put on the Internet for the benefit of the litigant parties, lawyers and the general public. The Committee decided upon several measures to accelerate the implementation of the Courts Automation Plan. The National Judicial Policy Making Committee further took notices of the issues and problems confronting the system of administration of justice in the country and decided to meet more often to discuss and resolve such issues/problems. It was emphasized that the administration of justice and provision of free access to justice is a mandate of the State, being executed through the judicial system of the country. There are problems of delays and accumulation of backlog in the Courts, and also problems of false and fictitious cases/complaints being filed in courts, which unnecessarily waste the precious time of the Courts and results in delay in disposal of cases. Again, there is the problem of unnecessary and unreasonable adjournments being sought or given, which hampers the quick disposal of cases, resulting in justice being delayed. The Committee agreed that all such problems/issues confronting the administration of justice will be considered in a future meeting of the National Judicial Policy Making Committee and appropriate decisions taken and recommendation made, so as to remove hiccups and constraints, and quicken the process of trial.
The following decisions were made in the second meeting held on 11 December, 2004. i. The National Judicial (Policy Making) committee appreciated the fact that in the provinces of Punjab, NWFP and Sindh, the Small Claims & Minor Offences Courts have already been created. It hoped that the Province of Balochistan will also follow suit. The Small Claims & Minor Offences Courts will expeditiously decide small claims of the value of one hundred thousand rupees and minor criminal offences where the punishment prescribed is not more than three years. These courts will 28
also resort to alternative means of dispute resolution such as mediation, conciliation and arbitration. The courts will also expeditiously decide matters by undertaking day to day hearing of the cases. The Committee expressed the hope that necessary court rooms, staff and equipment will be provided for the effective functioning of such courts. ii. examined the issue of payment of judicial allowance to the Judges of the subordinate courts and expressed satisfaction over the fact that the judicial allowance is being paid in three provinces namely, Punjab, NWFP and Balochistan. However, in the Province of Sindh, the said allowance has only partially been sanctioned. The Committee recommended that the Provincial Government of Sindh may also sanction the allowance in full. The Committee further recommended the payment of utility allowance at the rate of 10% of the basic pay to the Judges and staff of the subordinate judiciary. So far this allowance has only been sanctioned in the Province of Balochistan. iii. approved the holding of the National Judicial Conference of Judges of the Supreme Court, Federal Shariat Court and High Courts along with members of the Bar in the month of February 2005.
2.3 Governing Body of Access to Justice Development Fund i. The Governing body in its meeting held on 11 December 2004 approved AJDF Accounting Procedure, Workplan for Rs 58 million and investment of AJDF (Rs 1421 million) in the Government guaranteed securities to generate and maximize the profit which will be expended for the objectives of the Access to Justice Development Fund namely to strengthen the capacity of the subordinate courts, provide amenities to the litigant public and legal aid to the needy and deserving persons and sections of the society. ii. The Governing Body also approved distribution of Rs. 58 Million, an initial grant made by the Federal Government as per ratio prescribed in Access to Justice Development Fund Management Rules, out of which 34.80 million will go to the provincial High Courts on the basis of population of the Province. The remaining amount will be disbursed to the appropriate institutions for legal empowerment, legal innovation, legal and judicial research, improvement in the quality and standard of legal education and training of the judicial officers and court staff. The amount will be released to the concerned agencies and authorities on fulfillment of codal formalities as soon as possible.
2.4 Reports Approved in 2004 29
During the Year 2004, the Commission approved 5 reports on legal/judicial reform and forwarded its recommendations to the Federal Government for implementation. Report No. 63: Omission of Repealed Sections of Pakistan Penal Code, 1860 From The Code of Criminal Procedure, 1898.
The Commission approved to omit the repealed sections of the Pakistan Penal Code from the sections of the Code of Criminal Procedure 1898 by making amendments in section 198, 199, 199 A, 199 B, 345 and in Schedule II, to the said code.
Report No. 64: Amendment in Section 351 of the Code of Criminal Procedure, 1898.
The Commission approved an amendment in Section 351 of the Code of Criminal Procedure 1898 to enable the Trial Court to issue notice to or summon a person, who is not initially charged for the offence, but during inquiry or trial is found to be involved in the offence, so as to cause investigation launched against him. The Commission, however, emphasized that arrest or detention of a person can be caused only when his guilt is sufficiently established. The Commission further emphasized that necessary safeguards must be given in the proposed law to ensure that innocent person is not harassed under the garb of the said enabling provision. The dignity of man and right to personal liberty are precious rights and cannot be trifled with.
Report No. 65: Amendment in Section 67 of the Pakistan Penal Code, 1860.
The Commission approved an amendment to Section 67 of Pakistan Penal Code 1860. This Section provides for the alternate punishment of imprisonment in case of default in payment of penalty of fine by the convict. It was observed that with passage of time and devaluation of currency, the sums of penalties mentioned in the said Section have lost correlation with quantum of imprisonment prescribed. The Commission therefore recommended that the sums should be appropriately enhanced so as to ensure the correct balance between amount of fine and imprisonment for default thereof.
Report No. 66: Amendment in Section 513 and 514 of the Code of Criminal Procedure, 1898.
The Commission considered and examined the issue of absconding of the accused while on bail, during trail the cause of which proceeding get delayed in the court. The Commission therefore, recommended the amendment in Sections 513 and 514 of the Code of Criminal Procedure to empower the Trial Court that while granting bail to an accused, it should require from him to deposit the bail 30
amount in cash or through Government promissory notes of such amount or to furnish bank guarantee of the like amount, to the satisfaction of the Court. This, the Commission stated, will ensure the appearance of accused in trial. The Commission sated that the accused should be given reasonable time to arrange for such cash deposit or bank guarantee, however, in case the Court is satisfied that the accused has no means to deposit such amount or bank guarantee, then it may require him to execute bail bond of such amount, with or without surety.
Report No. 67: Amendment of Section 17 of the Registration Act, 1908.
The Commission examined the issue of increase in making fake ‘agreements to sell’ of immovable property, particularly of expatriate Pakistanis property and also making of such agreements through the powers of attorney. After deliberations, it approved an amendment to Section 17 of the Registration Act 1908 for making the power of attorney, which authorizes the attorney to sell the immovable property or an agreement to sell of immovable property, a document compulsorily register-able under Section 17 of the Registration Act.
2.5 Law Reform Proposals
The Commission has several law reform proposals pending before it for consideration. The Secretariat has completed working papers on 55 different laws/subjects for amendment of existing laws as well as enactment of new laws. Work on 238 projects concerning reforms of various existing laws is in progress. The list of pending and completed projects is placed at Annex III.
2.6 Implementation of Recommendations
The Commission has so far published 67 reports on review of various laws and referred them to the Federal/Provincial Governments for implementation (see Annex I). The Law Commission Ordinance provides for publication of reports of the Commission and their submission to the President. Thus reports No. 36 to 52 of the Commission were submitted to the President. The remaining reports were sent to the Federal Government/provincial governments to take further action with regard to enactment of the laws through the Parliament/Provincial Assemblies1.
The Commission having examined the status of implementation of its recommendations, have from time to time, expressed its dissatisfaction on the slow process of consideration of its proposals by the Federal and Provincial
1 The reports are published in the form of book which can be purchased from sale points of the National Book Foundation. 31
Governments. The status of implementation of Commission’s recommendations in the past few years is given below :
By the Federal Government S.No Report # Subject Status
1. 32 The Small Claims and Minor Implemented vide the Offences Courts Ordinance, Small Claims and Minor 2001 Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002). 2. 33 The Family Courts Implemented vide the (Amendment) Ordinance 2001 Family Courts (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002). 3. 34 Conferring Powers under Implemented vide the Code Section 491(1) (a) (b) of the of Criminal Procedure Code of Criminal Procedure (Amendment) Ordinance, 1898 on the Court of Session. 2002 (VIII of 2002 dated 9.2.2002). 4. 35 Amicable Settlement of Implemented vide the Code Disputes. of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002 dated 21.7.2002).
5 36 Enhancement of pecuniary Implemented by Peshawar original jurisdiction of civil High Court and High Court courts of Sindh 6. 37&38 Enhancement of pecuniary Implemented by original/appellate jurisdiction Government of Sindh of District Court at Karachi and other than Karachi in Sindh
7. 39 Enhancement of punishment Implemented videThe of fine under the Pakistan Criminal Law Reforms Penal Code Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002).
8. 40 Amendment of Sections 32, Implemented vide the 260 and 261 of the Code of Criminal Law 32
Criminal Procedure 1898 (Amendment) Ordinance, 2002 (LXXXV of 2002 dated 25.10.2002).
9. 41 Trafficking in Children for use Implemented vide the as Camel Jockeys and Prevention and Control of engaging in hazardous Human Trafficking employment Ordinance, 2002 (LIX of 2002 dated 3.10.2002).
10. 42 Addition of the Offence of Not yet implemented. Molestation to the Pakistan Penal Code 1860.
11. 43 Right of Appeal Against Not yet implemented. Acquittal to Private complainant under the Anti -Terrorism Act 1997.
12. 44 Punishment on bouncing of Implemented vide the cheque Criminal Law (Amendment) Ordinance 2002 (LXXXV of 2002 dated 25.10.2002).
13 45 Strengthening Capacity and Implemented vide the Law Expanding the Functions of Commission (Amendment) Law and Justice Commission Ordinance 2002(LXXX of of Pakistan 2002 dated 9.10.2002)
14. 46 Amendment in Section 345 Not yet implemented. and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable
15. 47 Punishment for the Offence of Not yet implemented. Gang Rape
16 48 Releasing the Female Accused Not yet implemented. on Bail. 17 49 Examination of Section 54 & Not yet implemented. 167 of the Code of Criminal Procedure 1898. 33
18 50 Prohibition of Unauthorized Not yet implemented. Business of sale/Purchase of National Prize Bond.
19 51 Banning the Tradition of Implemented. Vani(Giving Female as consideration for compromise). 20 52 Access to Justice Development Implemented. Fund Rules 2002. 21 53 Amendment in the Pakistan Not yet implemented. Penal code 1860 to provide Punishment for Absconding from Trial. 22 54 Reforming the W.P. Not yet implemented. requisitioning of Immovable Property (Temporary Powers) Act 1956. 23 55 Amendment in the Children Not yet implemented. (Pledging of Labour) Act 1933. 24 56 Amendment in sections 11-A, Not yet implemented. 11-B & 11-C of the Security of Pakistan Act 1952. 25 57 Amendment in Sections 427, Not yet implemented. 428, 429& 435 of the Pakistan Penal Code 1860. 26 58 Enhancing the Limit Not yet implemented. Prescribed to File suit in forma Pauperis. 27 59 Amendment in the Federal Not yet implemented. Services Medical attendance Rules 1990. 28 60 Amendments in the Land Not yet implemented. Revenues Rules 1968. 29 61 Prohibiting Excessive The Supreme Court by its Expenditure on Marriage judgment validated the Ceremony and Dowry. Federal Govt. Law on the subject. 30 62 Expediting Trial Proceedings. Not yet implemented. 31 63 Omission of Repealed Not yet implemented. Sections of Pakistan Penal Code, 1860 from the Code of Criminal Procedure, 1898. 32. 64 Amendment in Section 351 of Not yet implemented. Code of Criminal Procedure, 1898. 33. 65 Amendment in Section 67 of Not yet implemented. the Pakistan Penal Code, 1860. 34. 66. Amendment in Sections 513 Not yet implemented. 34
and 514 of the Code of Criminal Procedure, 1898. 35. 67. Amendment of Section 17 of Not yet implemented. Registration Act, 1908. 2.7 Automation Plan - Moving ahead with Implementation
Automation Plan of the judiciary was prepared under Access to Justice Program of the Government of Pakistan. It provides a detailed blue print for the automation of different functions of the judiciary, Law & Justice Commission and some other justice sector institutions.
This Plan was approved by National Judicial (Policy Making) Committee (NJPMC) in its meeting held on 24 Jan 2003. In a subsequent meeting held on 27 Sep 2003, the NJPMC decided to constitute a National Judicial Automation Committee (NJAC) to oversee implementation of the plan. Its composition is as follows:
Chief Justice, Lahore High Court (Chairman) Chief Justice, Federal Shariat Court (or nominee) Chief Justices of NWFP, Balochistan and Sindh High Courts (or their nominees) Principal Secretary, Ministry of Law & Justice or his nominee A nominee of the Ministry of Information Technology Secretary, Law & Justice Commission (Secretary)
The automation plan proposes a major overhaul of the courts’ information management systems in order to improve the courts’ capacity to administer and manage their work effectively.
This plan provides the phased introduction of computerization throughout the superior courts of Pakistan, the Ministry of Law & Justice, Law & Justice Commission of Pakistan and the Federal Judicial Academy in a medium-term strategic blueprint. Once successfully established, it is expected that this project can be extended to the subordinate court system.
Some important measures planned to opertionalise the Automation Plan are:
case flow management monitoring of performance of lower courts by the respective High Court inspection of lower courts by the respective High Court complaints monitoring system library management system research and reference system archiving of old documents budget and accounts system personnel system 35
fixed assets, procurement and other functions of general branch public inquiry system web site The centerpiece of the Automation Plan is the case flow management software for automated institution/tracking of cases and generation of cause list. Work done on this software under the Access to Justice Program demonstrated the need for standardization of case categories list and some other data input formats as a preliminary requirement for implementation of the new system. At the moment, all four provincial High Courts under the aegis of the LJC Secretariat to arrive at a standardized case categories list and lawyers’ data collection format.
In addition, the National Judicial Automation Committee is also considering the possibility of constituting Provincial Judicial Automation Committees (PJAC) for each High Court to manage/monitor implementation of the Automation Plan. This step is important to institutionalize automation initiative at the provincial level.
A Management Information System (MIS) Office is proposed to be set up in the Secretariat of the Commission to provide support to the Commission and drive the automation effort of the judicial institutions of the country.
2.8 Public Awareness Scheme
The Commission runs a Public Awareness Scheme where under write-ups are prepared in Urdu on issues/problems of public interests/concern and published through the national press. The purpose is to inform the people of their legal rights/entitlements and describe the procedure for enforcing such rights/entitlements. The material is also hosted on the Commission’s website.
The Commission published write-ups in Urdu on various subjects in the shape of a book titled “Qanun-Fehmi”, two volumes have been published, which can be obtained from the sale centres of National Book Foundation at Islamabad and its regional offices. List of topics already completed and pending is mentioned in Annex II.
2.9 Commission/NJPMC publishes Annual Reports of the Courts
Under amendments made to its own law and the NJPMC Ordinance, 2002, the Law and Justice Commission of Pakistan has been entrusted with the responsibility to print court reports on annual basis along the same lines as the other official reports such as the Economic Survey of Pakistan, Report of the Ombudsman’s Office and others. The Commission’s Secretariat managed to compile the following reports of the courts:
Supreme Court of Pakistan, 2002, 2003 36
Federal Shariat Court, 2002, 2003 High Court of Sindh, 2002 High Court of Balochistan, 2002 Judicial Statistics of Pakistan, 2002 Administration Tribunals and Special Courts, 2002
The publication of the annual reports of the Courts in Pakistan is an endeavour to ensure greater transparency and accountability in the judicial system. Judicial data/statistics indicating institution/disposal of cases and court/judge performance has been included in these reports along with organizational set up, finances and an evaluation of the performance of the institution at the federal/provincial levels. This is indeed a pioneering effort in the Asian-Pacific region, and even beyond.
The data included in the reports can be very effectively used to formulate effective policies for judicial and law and order administration in the country. For example, the following sample statistics not only give us an idea of the huge workload of the courts but also highlight the importance of continued efforts for delay reduction in some of the provinces;
SUMMARY DATA FOR THE SUPREME COURT
Pending Institution Disposal Pending Category cases on during Total during cases on 1st 1stJan 2003 2003 2003 Jan 2004 Petitions 11965 11070 23035 8393 14642 Appeals 5405 1920 7325 1936 5389 Total 17370 12990 30360 10329 20031
In the Supreme Court, the total number of pending cases increased by 2661 from 17370 cases to 20031 cases at the beginning of the year 2003. The major increase occurred due to institution of 11070 cases in the petitions category. The Supreme Court disposed more petitions than appeals during the year; however, the overall disposal was less than the fresh institution of cases in each of the two categories during 2003.
SUMMARY DATA FOR HIGH COURTS/SUBORDINATE JUDICIARY
Pending Institution Disposal Pending cases on Courts during Total during cases on 1st 1st Jan 2003 2003 Jan 2004 2003 BALOCHISTAN Balochistan 3079 4052 7131 4554 2577 37
High Court Subordinate 5135 21729 26864 21259 5605 Judiciary SINDH 1-1-2004 2004 Total 2004 31-12-2004 Sindh High 88509 57718 146227 45163 100829 Court Subordinate 123906 150983 277035 157178 118221 Judiciary NWFP 1-1-2004 2004 Total 2004 31-12-2004 Peshawar 9903 14175 24078 13498 10580 High Court Subordinate 159049 397737 556786 403057 153729 Judiciary PUNJAB 1-1-2004 2004 Total 2004 31-12-2004 Lahore High 61362 83351 144713 78714 65999 Court Subordinate 980749 1268262 2249011 1270810 978201 Judiciary In the Balochistan High Court, the total pending cases decreased from 3079 cases on 1st January, 2003 to 2577 cases on 1st January 2004; while in the subordinate courts the number of pending cases increased from 5135 cases on 1st January 2003 to 5605 cases on 1st January 2004. In the Peshawar High Court, the total pending cases were increased from 9903 cases on 1st January, 2004 to 10580 cases on 31st December 2004. In the Subordinate Courts of NWFP, the pending cases figure was reduced from 159049 cases on 1st January 2004 to 153729 cases on 31st December 2004. In the Lahore High Court, the total pending cases were increased from 61362 cases on 1st January, 2004 to 65999 cases on 31st December 2004. In the Subordinate Courts of Punjab, the pendency figure was increased from 980749 cases on 1st January 2004 to 978201 cases on 31st December 2004. In the Sindh High Court, the total pending cases were increased from 88509 cases on 1st January, 2004 to 100829 cases on 31st December 2004. In the subordinate courts, the total of pending cases decreased from 123906 to 118221 on 31st December 2004 The aforementioned data indicates that in three of the four High Courts pending cases have been increased at the end of the year; while there is trend of decreasing of pending cases in four Subordinate Provincial Judiciary at the end of the year. The reports and judicial data/statistics are being shared with all stakeholders, in particular judges, lawyers, government functionaries, teaching/research institutions, representatives of NGO’s and the civil society. Advance copies of these works have already been sent to the President and the Prime Minister. The 38
reports are available on the LJC website www.ljcp.gov.pk for the benefit of the public as well as researchers; their hard copies can also be obtained from the Secretariat of Law and Justice Commission in Islamabad. 3. Access to Justice Development Fund
The Government of Pakistan is implementing judicial, legal and police reforms from the platform of its Access to Justice Program. Under this Program an endowment grant of US $ 24 million (equivalent to Rs 1400 million approximately) has been made to the Commission to establish and manage an Access to Justice Development Fund for generation of Income thereof and distribution of earned income to the respective windows. The first tranch of endowment grant of Rs. 750 Million was provided to the Law and Justice Commission (June 2003). It was invested in a secure scheme of the National Bank of Pakistan for short term. The second tranch was released to the Commission in to complete the capitalization of AJDF. The annual income of the Access to Justice Development Fund endowments is to be distributed in its seven windows, which have specific objectives. The prescribed shares are given in section 6-B of the Commission’s Ordinance 1979 as amended and reproduced below:
1. Provincial Subordinate Courts (60.3% of endowment income) i. automation of the courts; ii. reliable storage space for records; iii. information kiosks; iv. provision of court-related conveniences and amenities to the litigants; and v. performance reward for the subordinate judiciary on the basis of supervision reports and recommendations submitted by the inspection team of the High Courts.
2. Legal Empowerment (13.3%) i. clinical legal aid to clients affected by violation of their fundamental rights by the executive, especially on matters concerned with criminal justice; ii. representation in public interest litigation; iii. public awareness and legal literacy campaigns; and iv. awareness on environmental laws.
3. Federal Judicial Academy (4.5%) i training programs for the judiciary including mobile training arrangements and facilities; ii development of new courses, especially attempts at innovations; and iii. training and education for non-judicial personnel, e.g. administrators, registrars and other support staff dealing in 39
policy development and implementation, case flow management, budget, planning, information system and record management. 4. Special Projects in the Under-Developed Provinces/Areas (10%).
The eligible expenditure under this window shall be as provided at clauses (1 to 3) or for any other special project.
5. Innovations in or Promotion of Legal Education (4.5%)
i. innovations in teaching of legal education and development of curriculum, including funding of pilot projects; ii. improving standard of legal education; and iii. efforts directed at improvements in professional standards of the legal professionals.
6. Legal and Judicial Research (4.5%)
i. legal and judicial research aimed at improving the delivery of judicial and legal services and the quality of the judgments; and ii. initiatives to reform laws and advocacy related endeavors.
7. Fund Management (2.7%)
i. salaries of auditors, consultants, investment advisors and officers and staff of Fund management; ii. purchase of equipment, vehicles and stationary etc; iii. preparation of accounts and balance sheets of the Fund; and iv. payment of fees, salaries, traveling, daily and other allowances and any other payment to be charged on the Fund.
The Access to Justice Development Fund Rules 2002 have been framed and notified in the Gazette. A Governing Body to invest the Fund and distribute its proceeds to the specified fund windows has been constituted under the rules with the Chief Justice of Pakistan/Chairman of the Commission as its head, and Chief Justices of 4 provincial High Courts; Secretary, Law & Justice Division; Secretary, Finance Division and Secretary, Law & Justice Commission, as members. New rules to prescribe accounting procedure, investment policy, etc. are approved by Commission and notified.
4. Commission’s Website
The Commission is equipped with computers, which are interlinked through network. All the officers of the Secretariat have the facility of computers. The Commission also has its website i.e. www.ljcp.gov.pk. It contains detailed information about the functions and composition of the Commission and its 40
Secretariat. The Commission statutes and rules are also available on the website. All approved reports of Commission on different subjects are available on the website.
A Public Awareness Scheme, containing write-ups in Urdu on topical issues/problems is also being run on the website to make the society law- conscious.
The following Annual Reports of courts of Pakistan for the year 2001 and 2002 published by the Commission’s Secretariat are available on the website
Reports 2001 The Supreme Court of Pakistan The High Court of Sindh The High Court of Lahore The High Court of Balochistan
Reports 2002
The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts
Reports 2003
The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts
The Constitution of Pakistan, 1973 including all the amendments made therein, is also available on the site
The lists of Federal and Provincial statues and articles published in various law journals are available in chronological order and with consolidated index. Information about the judicial system in the country i.e. hierarchy of judicature, strength of judges, advocates and law officers is also available on the web-site.
5. Procedure of Selection of Projects
A project is selected on receipt of reference from the Federal or a Provincial Government or upon feedback received from the general public either directly 41
addressed to the Commission or referred by any Ministry/Division/Department of the Government. Anomalies in laws pointed out by the High Courts, Federal Shariat Court and the Supreme Court of Pakistan are also taken note of by the Secretariat. A review of implementation of directions of the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court is also carried out regularly to remove the provisions of laws from the statute book/code held contrary to the injunctions of Islam. Issues on laws raised in the national press also come under consideration of the Commission.
The Chairman or the Secretary determines the priority of any project for study. A study includes reference to various law books on the subject, discussions and consultations with the experts in the relevant field. Views of the concerned agency of the Federal or Provincial Governments administering the law are also invited. Draft proposals are considered in meetings of the Secretariat for improvement. Workshops are held and public opinion is solicited where considered necessary.
6. Commission’s Finances
Ratio of Ratio of salary to salary to Category Allocation Utilization non-salary non-salary budget (%) budget (%)
Total 7886309 100 7917762 100
Salary 6171309 78.3 6229974 100
Non-Salary 1715000 21.7 1687788 98.4
In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2003 -2004: Budget 2003-04 (Pakistan Rupees)
The salary budget of LJC includes all the establishment costs incurred on pay and allowances of the officers and staff; while the non-salary budget is meant for provision of goods and services to run the day-to-day business of the organization.
In view of the expanded mandate of the LJC, the non-salary budget is no longer sufficient to meet the needs of the organization. Some of the new statutory functions of LJC such as the publication of the annual reports of the judiciary 42
were discharged with the financial support provided by the Program Management Unit of Access to Justice Program.
7. Other Activities
Nineteen trainee Afghan Judicial Officers/Prosecutors visited the Secretariat of Law and Justice Commission of Pakistan on 27-2-2004. These trainees are the members of sub-ordinate judiciary, prosecutions and legal branch. Dr. Faqir Hussain, Secretary of the LJCP briefed the participants about the research activities of the Commission. They were apprised about the Access to Justice Development Fund. The participants appreciated the work done by the Commission in reforming the laws. They were grateful to giving time by the Secretary and providing useful information regarding reforming of laws. The participants also discussed issues of causes of delay in disposal of criminal and civil cases in Superior as well as sub-ordinate courts. The suggestions for redressing the causes were noted for legal reform.
27 participants from Shariah Academy Islamabad visited the Secretariat of Law and Justice Commission on 2-9-2004. These participants were members of the sub-ordinates judiciary, prosecutions and legal branch of police department of all over the country. Secretary LJCP briefed the participants about the functions of the Law and Justice Commission. He answered questions about legal reforms and other functions of Commission. 43
Secretary, LJCP, is briefing the participants of Shariah Academy
IT training program was arranged in Pakistan Computer Bureau. Two officials attended the training. Two officers of the Secretariat attended the training arranged by Audit and Accounts Training Institute from 17-6-2004 to 19-6-2004 for Drawing and Disbursing Officers.
A farewell party was arranged by the employees of the Law and Justice Commission of Pakistan in the honour of Mr. Mehboob Pervez Awan, retired as Joint Secretary on attaining the age of superannuation in January 2004 and after completion of contract period on 4-7-2004. He joined the Commission Secretariat in 1985 as Research Officer and was promoted as Deputy Secretary and Joint Secretary. Secretary LJCP appreciated the professional services of Mr. Mehboob Pervez Awan and said that he performed his duties with commitment, zeal and dedication. The Secretary said he rendered valuable services for the improvement and reformation of laws. His services in the Commission Secretariat will be remembered for a long time. He also expressed gratitude to the Secretary for providing him guidance in the discharge of his professional responsibilities and duties during his service.
A farewell party was arranged for Mr. Riaz Ahmed Khan, P.A to Secretary who proceeded on LPR with effect from 1-1-2005. The Secretary LJCP appreciated the performance of Mr. Riaz Ahmed. He was very honest, punctual and dutiful official. He never gives any complaint to the officers while working with them. He performed his duties with the senior officers diligently.
8. Legal Discovery Centre
The U.S. Embassy in Pakistan has launched the American Legal Discovery Centre (ALDC) project to equip 7 law libraries in Pakistan with access to the latest in legal information and provide opportunity for the Pakistani legal community, scholars, and researchers to broaden their knowledge of the legal system of the United States. The first American Legal Discovery Centre was presented to the Library of Law and Justice Commission of Pakistan on 7-12- 2004 by the Embassy Press Attaché Greggory Crouch. Speaking at the inauguration of the first American Legal Discovery Centre, Mr. Crouch said, “The United States has a long standing commitment to spread the ideals and values of American democracy and civil society to foreign audiences and engage and maintain an open dialogue with people throughout the world. In this age of digitized information with online databases and software, the Legal Discovery Centre is a step forward in providing information about legal systems through books and state-of-the-art computer technology,” he added. The inauguration ceremony was attended by Dr. Faqir Hussain, Secretary, Law and Justice Commission of Pakistan, Registrar, Supreme Court of Pakistan, senior advocates, 44
NGO representatives and librarians. Dr. Faqir Hussain, Secretary LJCP, thank the USA Embassy for their cooperation in establishing first Legal Discovery Centre in the Library of Law and Justice Commission of Pakistan.
Press Attaché of USA Embassy and Secretary LJCP, signing the terms of
Signing Partnership Agreement
9. Relations with other Law Commissions
The Commission maintained its contacts with overseas law reform agencies during the year. Through such interaction, ideas have been exchanged on issues of common interest and information has been shared. Copies of reports of the Commission are sent to law reform commissions of the other countries and vice versa. A list of useful contacts is available in Annexure IV. 45
Annex-I
10. Annexures
10.1 List of Reports
1. First Report on Fatal Accident Act 1855 2. Second Report on Fatal Accident Act 1855 3. Report on Establishment of Courts of Qazis Ordinance 1981 4. Report on Law of Evidence 5. Report on Rent Restriction Laws and Draft Ordinance 6. Report - re: the Proposed Draft "Law of Evidence" Prepared by the Council of Islamic Ideology 7. Report on Elimination of False Evidence from the Judicial System in the Country 8. Report on Elimination of False Evidence 9. Report on a Reference Received from the Federal Government on the Proposed Ordinance re: Law of Evidence 10. Report on Qisas and Diyat 11. Filling a Legal Vacuum 12. Reformation of Family Laws 13. Reformation and Modernization of Service Laws 14. Report on Rent Restriction Laws 15. Enhancing the Powers of Wafaqi Mohtasib (Ombudsman) 16. Scheme for the Redressal of Public Complaints 17. Amendment in the Code of Criminal Procedure 18. Extension of Jurisdiction of Service Tribunals to Employees of Statutory Corporations 19. Eradication of 'QABZA GROUP' Activities 20. Prevention of Unfair Means in Examination 21. Improving the Performance of Pakistan Law Commission 22. Report on Criminal Justice System 23. Report on Jail Reform 24. Reformation and Modernisation of Service Laws (Part-II) 25. The Role of Pakistan Bar Council in the Promotion of Human Rights 26. Administrative Procedures Act for the Federal Government of Pakistan 27. Legislation Pertaining to Maternity Benefits 28. Elimination of Child Labour 29. Eliminating Double Jeopardy in Drugs-Related 46
30. Reforming the Juvenile Justice System 31. Amendment in Section 145 of the Cr. P. C. 32. The Small Claims and Minor Offences Courts Ordinance 2001 33. The Family Courts (Amendment) Ordinance 2001 34. Conferring the Powers under Section 491 (1) (a) & (b) of the Code of Criminal Procedure 1898 on the Court of Session 35. Amicable Settlement Disputes 36. Enhancement of Pecuniary Jurisdiction of Civil Courts 37. Enhancement of Pecuniary Appellate Jurisdiction of District Courts 38. Enhancement of Pecuniary Original Jurisdiction of District Courts at Karachi 39. Enhancement of Punishments of Fine under the Pakistan Penal Code 40. Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898 41. Trafficking in Children for use as Camel jockeys and engaging in Hazardous Employment 42. Addition of the Offence of Molestation to the Pakistan Penal Code 1860 43. Right of Appeal Against Acquittal to Private Complainant under the Anti Terrorism Act 1997 44. Punishment on Bouncing of Cheques 45. Strengthening Capacity and Expanding the Functions of Law and Justice Commission of Pakistan 46. Amendment in Section 345 and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable 47. Punishment for the Offence of Gang Rape 48. Releasing the Female Accused on Bail 49. Examination of Sections 54 & 167 of the Code of Criminal Procedure 1898. 50. Prohibition of Unauthorized Business of Sale/Purchase of National Prize Bonds 51. Banning the Tradition of Vani (Giving Female as Consideration for Compromise) 52. Access to Justice Development Fund Rules 2002 53. Amendment in the Pakistan Penal Code 1860 to Provide Punishment for Absconding from Trial. 54. Reforming the W.P Requisitioning of Immovable Property (Temporary Powers) Act 1956. 47
55. Amendment in the Children (Pledging of Labour) Act 1933. 56. Amendment in Sections 11-A, 11-B and 11-C of the Security of Pakistan Act 1952 57. Amendment in Sections 427,428,429 & 435 of the Pakistan Penal Code 1860 58. Enhancing the Limit Prescribed to File Suit in Forma Pauperis 59. Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry 60. Expediting Trial Proceedings 61. Amendments in the Land Revenue Rules 1968 62. Amendment in the Federal Services Medical Attendance Rules 1990 63. Omission of Repealed Section of the Pakistan Penal Code 1860 from the Code of Criminal Procedure, 1898. 64. Amendment in Section 351 of the Code of Criminal Procedure 1898 65. Amendment in Section 67 of the Pakistan Penal Code 1860 66. Amendment in Section 513 and 514 of the Code of Criminal Procedure 1898 67. Amendment in Section 17 of the Registration Act 1908 48
49 65
Annex-III 10.3 Pending Projects
Papers Completed by the Secretariat
1- Registration of Documents 2- Code of Conduct for Judges 3- Impeaching the Moral Character of Victim of Rape (Deletion of Section 151 (4) of Qanun-e-Shahdat Order 1984) 4- Post-divorce Matta’a ( ) for Wife 5- Amendments Suggested in the Pre-emption Acts 6- Extension of Transfer of Property Act 1882 to Islamabad Capital Territory 7- Rationalising Stamp Duty on Instruments 8- Rationalising the Amount of Court Fees Prescribed by the Court Fees Act 1870 9- Reform of Hudood Laws 10- Examination of Section 4 of Muslim Family Laws Ordinance 1961 11- Amendment in Section 9 of the Muslim Family Laws Ordinance 1961 and Schedule of the Family Courts Act 1964 12- Amendment in Section 5 & 7 of the Muslim Family Laws Ordinance 1961 13- Amendments in the Pakistan Citizenship Act 1951 14- Amendment in Dissolution of Muslim Marriage Act 1939 15- Prescribing a Uniform Procedure for Grant of Domicile Certificate/Permanent Resident Certificate 16- Amendment in the Baluchistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act 1939 17- Rescision of Notification Issued Under Section 10 (1) & (2) of the Criminal Law Amendment Act 1932 18- Amendment in Section 91 of the Code of Civil Procedure 1908 19- Amendment in Section 60 and Order XXI of the Code of Civil Procedure 1908 20- Eradication of “Qabza” Group Activities 21- Amendment of Section 197 of the Code of Criminal Procedure 1898 and Section 6 (5) of the Criminal Law Amendment Act 1958 66
22- Amendment in Section 96 & 115 of the Code of Civil Procedure 1908 23- Execution of Foreign Decrees 24- Amendment in the First Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908 25- Amendment in the Majority Act 1875 26- Amendment in the Guardian and Wards Act 1890 27- Eliminating the Custom of Vanni (Giving Female in Marriage as Consideration for Compounding Disputes/Offences) 28- Deletion of Sub-Section (2) of Section 12 of the Code of Civil Procedure 1908 29- Amendment in Section 128 of the Qanun-e-Shahadat Order 1984 30- Effective Enforcement of Female Right to Inheritance 31- Deletion of Paras 22, 23 & 24 of the Land Reforms Regulation 1972 32- Reforming the Legal Practitioners and Bar Councils Act 1973 33- Amendment in Section 54 & 55 of the Code of Criminal Procedure 1898 34- Early Hearing of Appeals Against Death Penalty 35- Amendment in Article 17 of the Qanun-e-Shahadat Order 1984 36- Amendment in the Code of Criminal Procedure 1898 37- Amendment in the Sindh Rented Premises Ordinance 1979 38- Amendment in the Arms Ordinance 1965 39- Amendment in the Pakistan Names and Emblems (Prevention of Unauthorised Use) Act 1957 40- Confinement for Non-Payment of Diyat 41- (Revised) Report on Jail Reform 42- Amendment in Section 17 of the Prohibition (Enforcement of Hadd) Order 1979 43- Enhancing the Punishment of Fine Prescribed in Various Statutes 44- Preventing Banking Companies to Levy Service Charges on Small Deposits 45- Staff Recruitment Rules 46- Amendment in Section 107 of the PPC to Make Unlawful Jirga Verdict an Offence 47- Alternate Procedure for Recording F.I.R. 48- Amendment Juvenile Justice System Ordinance 2000 49- Amendment in the Payment of Wages Act 1936 50- Pre-trial Hearing/Conference 67
51- The Islamabad Rented Premises Bill 2000 52- Changing the Nomenclature of Subordinate Judicial Officers 53- The Utility Services (Redressal of Complaints) Bill 2000 54- The Water Supply Service (Redressal of Complaints) Bill 2000 55- The Consumer Protection Bill 2000
Papers on Which Work is in Progress
1- Measures for Welfare of Senior Citizens 2- Tribunal for Tortious Liability of Government Servants 3- Amendment in the PPC to Make More Offences Compoundable 4- Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law 5- Legislation for Regulating Domestic Servants 6- Reformation of Laws Relating to Children to Bring them in Conformity with the International Convention on the Rights of the Child 1989, Including Issues such as Birth Registration, Health, Education, Child Labour, Juvenile Justice System 7- Amendments in Hudood Laws 8- Reformation of Personal Law of the Christian Community Pertaining to Inheritance and Family Matters 9- Modernisation of Transportation Laws 10- Reformation of Electoral Laws (Including issues such as Composition and Functions of Election Commission, Political Parties Law, Representation of People Act 1976, Delimitation of Constituencies Act 1974, Electoral Rolls Act 1974, Proportional Representation System, Representation of Women in Elective Bodies) 11- Amendments in Laws/ Rules Relating to Forests 12- Amendment in Qanun-e-Shahadat Order 1984 13- Regulating the Brick-Kiln Labour 14- Amendments in Qisas and Diyat Law 15- Unification/Codification of Hindu Personal Law Relating to Matrimonial Affairs and Inheritance 16- Reformation of Cantonment Act/Rules 17- Reviewing Discriminatory Legislation Pertaining to Women 18- Amendments in Child Marriage Restraint Act 1929 19- Proposed Legislation for Regulating the Business of Motor Vehicle Dealers and Real Estate Agents 20- Law of Accountability 68
21- Law of Freedom of Information 22- Law on Regulating Shelter Home/Darul Aman 23- Amendments in the Arbitration Act 1940 24- Scheme for Provision of Free Legal Aid and Protection of Human Rights/Freedoms 25- Controlling the Abuse of Discretionary Powers 26- Amendments in Fatal Accidents Act 1855 27- Amendment in Canal and Drainage Act 1873 28- Reformation and Modernisation of the Civil Service (Amendments to the Civil Servants Act 1973, the Service Tribunal Act 1973, The Public Service Commission Ordinance 1977 and the Rules Made Thereunder) 29- Amendment in Companies Ordinance 1984 30- Amendment in Zakat and Ushr Ordinance to Remove Anomalies/Contradiction Therefrom 31- To Check Unauthorised Telephone Taping/Eavesdropping as per Direction contained in Judgment of the Supreme Court 32- Liability of Directors of the Company Towards its Creditors and Shareholders for Healthy Economic Growth 33- Reformation of Emigration Laws 34- Reforming the Limitation Act 1908 35- Curbing Sexual Harassment at the Workplace 36- Law of Nazar-ul-Mazalim (Giving Special Powers to Existing Courts for Handling Tort Cases) 37- Reforming the NWFP Tenancy Act 1950 38- Reforming the Law and Procedure of Liquidation and Auctioning 39- Reforming the Code of Civil Procedure 1908 40- Measures to Check Incidents of Domestic Violence 41- Regulating Benami Transactions 42- Reforming the Code of Criminal Procedure 1898 43- Registration of Land Titles 44- Maintenance (Kifalat) of Young and Elderly Indigent Relatives 48- Amendment in Pure Food Ordinance 1960 49- Amendment in Bonded Labour System (Abolition) Act 1992 50- Amendment in the Electricity Act 1910 51- Amendment in W.P. WAPDA Act 1958 52- Amendment in Sales of Goods Act 1930 53- Amendment in Prevention of Cruelty to Animals Act 1890 54- Amendment in Easements Act 1882 55- Amendment in Shops and Establishment Ordinance 1965 69
56- Amendment in Land Revenue Act 1967 57- Amendment in Order 37 of Civil Procedure Code 1908 68- Amendment in Probation of Offenders Ordinance 1960 69- Amendment in Pakistan Bait-ul-Mal Act 1991 70- Amendment in the Cooperative Societies Act 1912 71- Amendment in the Society Registration Act 1860 72- Amendment in Islamabad Rent Restriction Ordinance 2001 73- Amendment in Juvenile Justice System Ordinance 2000 74- Examine the Original, Appellate, Review and Revisional Jurisdiction of Various Courts 75- Amendment in the Oaths Act 1873 76- Amendment in Loudspeakers and Sound Amplifiers Ordinance 1964 77- Amendment in Federal Employees Benevolent Fund and Groups Insurance Act 1969 78- Amendment in Wild Birds and Animals Protection Act 1912 79- Amendment in Dangerous Cargoes Act, 1953 80- Amendment in Conciliation Courts Ordinance 1961 81- Amendment in Female Infanticide Prevention Act 1870 82- Amendment in Promissory Notes Stamps Act 1899 83- Amendment in Workmen’s Compensation Act 1923 84- Reform of the Frontier Crimes Regulation 1901 85- Rationalising the Punishment of Imprisonment Prescribed under Various Statutes 86- The Interest Act, 1839 87- The Public Accountants Default Act, 1850 88- The Judicial Officers Protection Act, 1850 89- The Caste Disabilities Removal Act, 1850 90- The Tolls Act, 1851 91- The Recusant Witnesses Act, 1853 92- The Mesne Profits and Improvements Act, 1855. 93- The Legal Representatives Suits Act, 1855 94- The Bills of Lading Act, 1856 95- The Hindu Widows Re-Marriage Act, 1856 96- The Society Registration Act, 1860. 97- The Stage-Carriages Act, 1861 98- The Excise (Spirits) Act, 1863 99- The Carriers Act, 1865 100- The Public Gambling Act, 1867 101- The Sarais Act, 1867 102- The Divorce Act, 1869 70
103- The Cattle-Trespass Act, 1871 104- The Pensions Act, 1871 105- The Punjab Laws Act, 1872 106- The Government Savings Banks Act, 1873 107- The Married Women’s Property Act, 1874 108- The Laws Local Extent Act, 1874 109- The Sind Revenue Jurisdiction Act, 1876 110- The Treasurer-Trove Act, 1878 111- The Arms Act, 1878 112- The Ferries Act, 1878 113- The Elephants’ Preservation Act, 1879 114- The Hackney-Carriage Act, 1879 115- The Dekkhan Agriculturists’ Relief Act, 1879 116- The Kazis Act, 1880 117- The Obstruction of Fairways Act, 1881 118- The Tramways Act, 1886 119- The Merchandise Marks Act, 1889 120- The Bankers’ Books Evidence Act, 1891 121- The Marriages Validation Act, 1892 122- The Lansdowne Bridge Act, 1892 123- The Government Tenants (North-West Frontier) Act, 1893 124- The Sind Encumbered Estates Act, 1896 125- The Fisheries Act, 1897 126- The Lepers Act,, 1898 127- The Post Office Act, 1898 128- The Stamps Act, 1899. 129- The Government Buildings Act, 1899 130- The Glanders and Farcy Act, 1899 131- The Church of Scotland Kirk Sessions Act,1899 132- The Tolls (Army and Air Force) Act, 1901 133- The Pakistan Coinage Act, 134- The Criminal Law Amendment Act, 1908 135- The Insolvency (Karachi Division) Act, 1909. 136- The Whipping Act, 1909 137- The Dourine Act, 1910 138- The Prevention of Seditious Meetings Act 1911 139- The Wild Birds and Animals Protection Act,1912 140- The Official Trustees Act, 1913 141- The Hindu Disposition of Property Act,1916 142- The Destruction of Records Act, 1917 143- The Cotton Cloth Act, 1918 71
144- The Local Authorities Pensions and Gratuities Act 1919 145- The Poisons Act, 1919 146- The Securities Act, 1920 147- The Charitable and Religious Trusts Act, 1920 148- The Maintenance Orders Enforcement Act, 1921 149- The Cotton Transport Act, 1923 150- The Mines Act, 1923 151- The Cantonments (House-Accommodation) Act, 1923 152- The Cotton Cess Act, 1923 153- The Official Secrets Act, 1923 154- The Mussalman Wakaf Act, 1923 155- The Cotton Ginning and Pressing Factories Act, 1925 156- The Provident Funds Act, 1925 157- The Sikh Gurdwaras (Supplementary) Act, 1925 158- The Government Trading Taxation Act, 1926 159- The Legal Practitioners (Fees) Act, 1926 160- The Forest Act, 1927 161- The Lighthouse Act, 1927 162- The Lac Cess Act, 1930 163- The Hindu Gains of Learning Act, 1930 164- The Provisional Collection of Taxes Act, 1931 165- The Criminal Law Amendment Act, 1932 166- The Factories Act, 1934 167- The Petroleum Act, 1934 168- The Parsi Marriage and Divorce Act, 1936 169- The Arbitration (Protocol and Convention) Act, 1937 170- The Hindu Women’s Rights to Property Act, 1937 171- The Arya Marriage Validation Act, 1937 172- The Rules and Regulations Continuance Act, 1937 173- The Federal Court Act, 1937 174- The Cutchi Memons Act, 1938 175- The Criminal Law Amendment Act, 1938 176- The Dissolution of Muslim Marriages Act, 1939 177- The Standards of Weight Act, 1939 178- The Registration of Foreigners Act, 1939 179- The Commercial Documents Evidence Act, 180- The Agricultural Produce Cess Act, 1940 181- The Mines Maternity Benefit Act, 1941 182- The Professions Tax Limitation Act, 1941 183- The War Injuries Ordinance, 1941 184- The Railways (Local Authorities, Taxation) Act, 1941 72
185- The Motor Vehicles (Drivers) Ordinance, 1942 186- The War Injuries (Compensation Insurance) Act, 1943 187- The Cotton Cloth and Yarn (Contracts) Ordinance, 1944. 188- The Coconut Committee Act, 1944 189- The Railway Stores (Unlawful Possession) Ordinance, 1944 190- The Public Debt Act, 1944 191- The Criminal Law Amendment Ordinance, 1944 192- The Post Office National Savings Certificates Ordinance, 1944 193- The Oil Seeds Committee Act, 1946 194- The Riot and Civil Commotion Risks Insurance Ordinance, 1947. 195- The Prevention of Corruption Act, 1947 196- The Foreign Exchange Regulation Act,1947 197- The Pakistan (Exchange of Prisoners) Ordinance, 1948 198- The Sind Textile Board Ordinance, 1949 199- The Imports and Exports (Control) Act, 1950 200- The Karachi Hotels and Lodging-Houses (Control) Act, 1950 201- The Vagrancy (Karachi Division) Act, 1950 202- The Land Control (Karachi Division) Act, 1952 203- The House Building Finance Corporation Act, 1952 204- The Employment (Record of Services) Act, 1952 205- The Karachi Electricity Control Act, 1952 206- The Dangerous Cargoes Act, 1953 207- The Karachi Rent Restriction Act, 1953 208- The Karachi Essential Articles (Price Control and Anti Hoarding) Act, 1953 209- The Charitable Funds (Regulation of Collections) Act, 1953 210- The Pakistan Junior Cadet Corps Act, 1953 211- The Emergency Powers Ordinance, 1955 212- The Invalid Provincial Acts Confirmation Ordinance, 1955. 213- The Questioned Provincial Act, Confirmation Ordinance, 1955 214- The Pakistan Commission of Inquiry Act, 1956 215- The United Nations (Declaration of Death of Missing Persons) Act, 1956 216- The International Finance Corporation Act, 1956 217- The Drugs and Medicines (Indemnity) Act, 1957 218- The Cotton Act, 1957 219- The Pakistan Criminal Law Amendment Act,, 1958 220- The Public Order (Meetings) Ordinance, 1958 221- The Medical Qualifications (Information) Ordinance, 1960 222- The Coal Mines (Fixation of Rates of Wages) Ordinance, 1960 73
223- The Notaries Ordinance, 1961 224- The Pakistan College of Physicians and Surgeons Ordinance, 1962 225- The Employees Social Insurance Ordinance, 1962 226- The Indecent Advertisements Prohibition Act, 1963 227- The Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965 228- The Civil Services (Qualification for Appointment as High Court Judge) Act,1965 229- The Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 230- The Dormant Funds (Administration) Act, 1966 231- The Import of Goods (Price Equalization Surcharge) Act, 1967 232- The Pharmacy Act,1967 233- The Companies Profits (Workers Participation) Act, 1968 234- The Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969 235- The Federal Employees Benevolent Fund and Group Insurance Act, 1969. 236- The War Risks Insurance Continuance Ordinance, 1969 237- The Bait-ul-Mal Act, 1991. 238- The Islamabad Rent Restriction Ordinance, 2001 74
Annex IV 10.4 Addresses of other Law Commissions
AUSTRALIA GAMBIA KENYA Australian Law Reform The Law Reform Commission Kenya Law Reform Commission Of the Gambia Commission GPO Box 3708 PO Box 266 Box 34999 Sydney NSW 1044 Banjul Nairobi Ph: (02) 9284 6333 THE GAMBIA KENYA Fax: (02) 9284 6363 Ph: + 254 2 220 888/9 E-mail: [email protected] Fax: + 254 2 336 499 URL: www.alrc.gov.au
BANGLADESH GHANA LESOTHO Bangladesh Law Reform Ghana Law Reform Commission Law Reform Commission of Commission PO Box M. 63 Lesotho Old High Court Building Dhaka Accra PO Box 33 1000 GHANA Maseru 100 BANGLADESH Ph: + 233 21 228898 LESOTHO Ph: + 880 2 9559004 E-mail: [email protected] Ph: + 266 313236 Fax: + 880 2 9560843 Fax: + 266 311092 E-mail: [email protected]
CANADA HONG KONG MALAWI Law Commission of Canada Law Reform Commission of Malawi Law Commission 473 Albert Street, 11th Floor Hong Kong Private Bag 373 Ottawa Ontario KIA OH8 20th Floor, Harcourt House Lilongwe 3 CANADA 39 Gloucester Road MALAWI Ph: + 1613 946 8980 Wanchai Ph: + 265 782822 Fax: + 1613 946 8988 HONG KONG Fax: + 265 782532 E-mail: [email protected] Ph: + 852 2528 0472 E-mail: URL: www.lcc.gc.ca Fax: + 852 2865 2902 [email protected] E-mail: [email protected]. URL: www.info.gov.hk/hkreform
ENGLAND & WALES INDIA MALAYSIA Law Commission Law Commission of India Commissioner of Law Revision Conquest House 7th Floor, A Wing Attorney-General’s Chambers 37-38 John St Shastri Bhawan 17th Floor, Bank Rakyat Theobalds Road New Delhi 110001 Building London WC1N 2BQ INDIA Jalan Tangsi UNITED KINGDOM Ph: + 91 11 338 3382 50512 Kuala Lumpur Ph: + 44 171 453 1220 Fax: + 91 11 338 8870 MALAYSIA Fax: + 44 171 453 1297 E-mail: law [email protected] Ph: + 60 3 292 3077 E-mail: URL: www.nic.in/lawcom Fax: + 60 3 293 2021 [email protected] E-mail: [email protected] k URL:www.gtnet.gov.uk/ 75
FIJI IRELAND NAMIBIA Fiji Law Reform Commission The Law Reform Commission Law Reform and Development Box 2194, Government IPC House, 1st Floor Commission Buildings 35-39 Shelbourne Road Ministry of Justice Suva Ballsbridge Private Bag 13302 FIJI Dublin 4 Windhoek Ph: + 679 303 900 IRELAND NAMIBIA Fax: + 679 303 646 Ph: + 353 1 637 7600 Ph: + 264 61 239 280 E-mail: [email protected] Fax: + 353 1 637 7601 Fax: + 264 61 240 064 E-mail: [email protected] NEW ZEALAND SOUTH AFRICA California Law Revision Law Commission PO Box 2590 South African Law Commission Commission Wellington Private Bag X668 4000 Middlefield Road,Room NEW ZEALAND Pretoria 0001 D-I Ph: + 64 4 473 3453 REPUBLIC OF SOUTH AFRICA Palo Alto, CA 9403-4739 Fax: + 64 4 471 0959 Ph: + 27 12 322 6440 UNITED STATES OF E-mail: [email protected] Fax: + 27 12 320 0936 AMERICA URL: www.lawcom.govt.nz/ E-mail: Ph: +1650 494 1335 [email protected] Fax: + 1650 494 1827 URL: E-mail: www.law.wits.ac.za/salc/salc.html [email protected] URL: www.clrc.ca.gov/
NIGERIA SRI LANKA Connecticut Law Revision Nigeria Law Reform Law Commission Commission Commission C/56 Keppetipola Mawatha Room 509A, State Capitol Federal Secretariat Complex 1 Colombo 5 Hartford, CT 06106 Po Box 60008 Ikoyi SRI LANKA UNITED STATES OF Lagos AMERICA Ph: +1 860 240 0220 Fax: +1 860 240 0322 E-Mail: [email protected] URL:www.cga.state.ct.us/lrc/ 76
Officers & Staff of the Secretariat Tel. 9220483 Fax 9214416 Email: [email protected]
Office Name Office Residence
Secretary Dr Faqir Hussain 9214109 9205786 9220483 Ext. 101 9220581 Ext. 274
Private Secretary Raja Khalid Mahmood 9214109 5471341 9220483 Ext. 108
P. A to Secretary Mr. Nisar Ahmed 9220483 Ext. 112
Joint Secretary-I Malik Mohammad Iqbal 9217454 9262269 9220483 Ext. 103
P. A to Joint Secretary Mr. M. Khattab 9217454
Joint Secretary-II 9214506 9220483 Ext. 102
P. A. to Joint Secretary 9214506
Deputy Secretary-I Sh. Habib-ur-Rehman 9214797 9278435 9220483 Ext. 104
Deputy Secretary-II Mr. Mumtaz Ahmed 9214793 9204378 9220483 Ext. 105
Research Officer- I Dr. Muhammad Tahir 9208752 2841880 9220483 Ext. 110
Research Officer-II Ms. Fowzia Jalal Shah 9209412 9220486 Ext. 106
Computer Programmer 9220486 9220483 Ext. 117
Librarian Syed Nasir Ali Shah 9203584 5510041 9220483 Ext. 116 9220376
Superintendent Mr. Shahid Khalid 9220483 Ext. 109
Superintendent –II Mr. Ihsanullah 9220483 Ext. 113 4446670
Accountant 9220370 9220483 Ext. 111
Computer Operator 9220483 Ext. 117 77
Protocol Asstt. Mr. Hamayun Khan 9220483 Ext. 114 5955461
PCPPI—564(05) LJCP—25-07-2005—1,000.