REPORT

OF

THE COMMITTEE ON JUDICIAL REFORMS

LAW, PARLIAMENTARY AFFAIRS & HUMAN RIGHTS DEPARTMENT GOVERNMENT OF THE PUNJAB

. CONTENTS Sr. No. Contents Page 1. Preface 2. Contents 3. Executive Summary 4. Introduction 5. Legal Education 6. Improving Legal Education Standard 7. Recruitment/Promotion of Judicial Officers 8. Training of Judicial Officer 9. Continued Legal Education Provincial Judicial Academy 10. Alternate Dispute Resolution Process

11. Administrative Measures 12. Investigation 13. Disposal of Backlog 14. Coordination between Bench & Bar 15. Law Commission 16. Recommendations at a glance.

ANNEXURES Annex ‘A’ Regulations providing for pre-service & in-service training of judicial officers. Annex ‘B’ Provincial Judicial Academy Act 2007. Annex ‘C’ Proposed amendments in the Provincial Judicial Academy Act. Annex ‘D’ Proposed draft of Order XA to be added in CPC. Annex ‘E’ Draft instructions on Standard of Conduct of Arbitrators/Mediators” proposal to the High court Annex ‘F’ “Allocation Questionnaire Form” Proposed specimen to be filed in newly constituted suits/cases/or cases pending before coming into force of Order X.A Annex ‘G’ “Allocation Questionnaire Form” (To be filled in Family Matters) Annex ‘H’ “Allocation Questionnaire Form” (To be filed in Appeals). Annex ‘J’ Letter requesting High Court to ensure compliance of its instruction regarding expeditious disposal etc.

2 PREFACE

The electorate in Pakistan has returned those political parties and political personalities to the corridors of power, who spoke of independence of judiciary and of strengthening the administration of justice so as to provide justice and relief to the citizens. Only vibrant and effective justice system can ensure enjoyment of fundamental rights by the common man. The redressal of grievances leads to harmony, peace and stabilizing the society by maintaining law and order. The Honourable Chief Minister, Punjab, after taking over the office, as a matter of priority, constituted a committee to suggest measures for revamping the justice system which will not only ensure independence of judiciary but will also strengthen the system through capacity building in order to enable it to grant relief and redress grievances of the citizens. This report authored by Mr. Justice ® Khalil-ur-Rehman Khan records the deliberations of the committee and the recommendations made after consulting all the stake-holders, institutions and persons concerned. The Committee and its Chairman acknowledges the support provided by the officers of Law Department, Secretary, Higher Education Department, Vice Chancellors of Punjab University, Islamia University Bahawalpur, Baha-ud-Din Zikarya University Multan, Principals of Law Colleges of Lahore and all others institutions. The Chairman also acknowledges the dedication with which the Honourable members of the Committee contributed their wisdom, expertise and experience all of which has culminated in the suggestions and recommendations contained herein.

3 EXECUTIVE SUMMARY

The degree of civilization in a society can be judged by entering its prisons; this was stated by Russian Novelist – Fyodor Dostoyevsky (1821-1881). The true picture of the state of judicial system and administration of justice will emerge from the working of the courts and the number of cases awaiting adjudication. The total pending cases as on 30th June 2008 in Lahore High Court were 81173, in Sessions Courts were 104513, in the Courts of Civil Judges cum Magistrates were 1114813. The result is that at present 59439 persons are confined against the authorized accommodation of 21527, in 32 Jails of the Province. The under trial prisoners are fourtimes as compared to convicted prisoners. The under-trial persons are 69% whereas convicted prisoners and condemned prisoners are respectively 19.50% and 11.50%. It is apparent that judicial system is not effective, vibrant and fluent and the law and order situation prevailing in the country manifest that people are loosing faith in the capability of administration of justice to redress their grievances. The enormity and magnitude of the problems and these issues calls for deep study so that remedial measures are taken before the entire system collapses, chaos and anarchy prevails in the society. The Chief Minister, Punjab after taking over the reigns of Govt. constituted a Committee on Judicial Reforms to advise on the terms of reference for revamping the judicial system and streamlining the administration of justice, and to point out measures which can be adopted immediately as well as the long term measures of policy planning which need financial resources. The Committee after holding various meetings, receiving & collecting information from relevant quarters and stake-holders have made recommendations, in respect of the standard of legal education, affiliation of Law Colleges/Institutions with the Punjab University and the other Universities of Punjab (Public & Private Sector); appointment of judicial officers at all tiers of the District Judiciary; training of judicial officer (pre-service and in service, refresher courses); Provincial Judicial Academy, its establishment and role of capacity building of all concerned with administration of justice; streamlining and improving the working of judicial system by implementing instructions & rules of the Lahore High Court; measures needed for expeditious disposal of cases; improving the system & methods of investigation of criminal cases and disposal of reports regarding cancellation of cases by Magistrates; Measures needed to reduce the pendency (civil & criminal cases); Adoption of ADR Process by providing necessary infrastructure, Rules and instructions as well as by training of judicial officers, lawyers, Accountants, Engineers, Architects and other professionals. Both the short term and long term measures have been proposed with the view to improve the working of the Courts and related authorities, persons and offices.

4 INTRODUCTION The Honourable Chief Minister Punjab soon after taking over the charge of his officer, taking notice of the deteriorating law & order situation and urgency of improvement in the administration of judicial system and with the view to ensure independence of judiciary constituted a committee of the following persons to advise judicial reforms:- 1. Mr. Justice ® Khalil-ur-Rehman Khan Chairman 2. Rana Sana Ullah Khan, Minister for Law Member 3. Khawaja Haris, Advocate Supreme Court of Pakistan Member 4. Mr. Ashtar Ausaf Ali, Advocate Supreme Court of Member Pakistan 5. Secretary, Law Department. Member 6. Secretary, Home Department Member 7. Secretary, Public Prosecution Department. Member

The terms of reference for this committee are:-

1. To examine the criminal and civil procedural laws, identify weaknesses and lacunae and suggest remedial measures and reform so as to reduce abuse of process and streamline the trial; 2. To examine the method and process of induction into the lower judiciary, identify fault lines in the system and suggest reform measures aimed at ensuring induction of motivated, committed and competent judges at the lower levels; 3. To examine the state of training of judges ion lower judiciary and to suggest ways and means to improve it; 4. To examine the general state of working of lower judiciary, identify high priority areas and recommend measures to bring immediate surge in performance of lower courts; 5. To identify the gaps in training of lower officials in lower courts and suggest ways and means to overcome these; and 6. To suggest broad measures to overcome massive pendency in the lower courts.

In order to achieve these objectives, views and relevant data from all stakeholders including High Court; District & Session Judges, Principals of Law Colleges, Head of Universities of Public as well as Private Sector and Prosecution Department were obtained. The committee duly discussed and deliberated upon the data and the views of the stakeholders in the light of the Law, Rules and the standards set forth by the Pakistan Bar Council. The committee after deep consideration of all the material, data and views has come to the following conclusions for the reasons stated hereunder in respect of the terms of reference:- Legal Education

In addition to the Punjab University Law College, Lahore, 22 Laws Colleges have been granted affiliation by the Punjab University and their Colleges are admitting almost

5 3500 students to the Law Courses leading to LLB Degree every year. Likewise Islamia University Bahawalpur and Bahauddin Zikaria University Multan in their own Law Colleges and legal institutions 17 in number affiliated with it are admitting three thousand students in legal studies leading to LLB Degree. There are some (2/3) Centre of legal studies which are affiliated with British Universities, are offering law courses and granting degree of these Universities and are charging almost Three lac Rupees from each student every year. The fees in private sector Law Colleges affiliated with local Universities is in thousands and is much more than the fee being charged by Law Colleges of these Universities. The standard of education and courses being offered needs improvement. In order to evaluate the standards, Affiliation Committee of the University of Punjab was requested to visit these affiliated colleges to examine and assess whether these institutions are complying with the affiliation criteria and the prescribed standards and also fix the number of seats for which admission is to be granted by each of them.

The Affiliation Committee after visiting some of these 22 colleges has withdrawn affiliation of colleges and fixed seats of other colleges as under:-

Sr. No. Names of Colleges Seats for admission

1. National Institute of Legal Studies De-affiliated Attock 2. Muhammad Ali Jinnah College, De-affiliated Gujranwala 3. 9 Law Colleges of Lahore Visit of Affiliation Committee on 28th July, 2008.

The Punjab University Law College, Lahore has been asked to discontinue afternoon course in view of paucity of space and class rooms. The Islamia University of Bahawalpur and Bahauddin Zikaria University Multan has been required through the Secretary Higher Education, Govt. of the Punjab to disaffiliate all the Law Colleges which do not qualify and meet the criteria and the standard prescribed by the Pakistan Bar Council. The Islamia University Bahawalpaur has been asked as to how it has granted affiliation to a college located at Islamabad. They have also been asked to comply with the requisite qualifications and requirement of permanent staff and visiting faculty members and fix number of seats for admission purpose keeping in view the faculty members employed availability of class rooms and library facilities. The standard of instructions and teaching methods and improving the examination system with the view to assess capability of students in having deep understanding of the subjects and knowledge of research methods will result in improving the administration of justice.

6 Recommendations

The Secretary, Law & Parliamentary Affairs and Secretary, Higher Education in coordination with the Universities seek compliance of the above stated moves and proposals.

Improving education standards

The University Law College, Lahore, the Premier Law College of Punjab is facing crisis as none of its faculty member holds doctorate degree and the post of Principal is being manned under adhoc arrangement. Presently no one with Ph.D Degree is available and as such instructions of Government banning employment of superannuated persons on contract should be relaxed. The University of Punjab in this situation on adhoc basis has given charge of the office of the Principal to the senior most teacher of the college. No one qualified to be appointed as Dean is available. The composition of the Board of studies has been completed on the intervention of the Chairman of the Committee and a meeting of Board of studies has been convened for 29th July, 2008, consider matters of admission criteria, improvement in standards of legal education, and in Examination System and inclusion of objective oriented questions so as to assess capability of students knowledge and research methods. These steps are being taken to raise standard of legal education and to introduce new concepts and exposure of new subjects. Recommendations

Punjab Government may allow exemption to the Universities to employ on contract, suitable persons holding Ph.D Degree as faculty members by also relaxing age requirement.

Recruitment/Promotion of Judicial Officers

The appointment to the post of Addl. District & Sessions Judges is made by the Lahore High Court on the recommendation of Examination Committee. In the past 100 Civil Judges have also been inducted by the High Court without intervention of Punjab Public Service Commission by seeking special exemption. By-passing the expert institution of PPSC has raised eyebrows regarding this procedure of induction which has tarnished the image of Lahore High Court. Induction in the other services in Punjab is always made on the recommendations of PPSC. In order to avoid the anomaly, Hon able Chief Justice was consulted, he agrees to the recruitment of civil judges through Public Service Commission and has agreed to consider advisability of recruitment of Additional & Session Judges also by Punjab Public Service Commission. The other aspect is that at present the Punjab Judicial Service Rules 1994 debar the Law Graduates serving in different cadres from appearing in the examinations for the posts of Additional District & Sessions Judges. Due to this reason the Civil Judges and officers serving in the Law and

7 Prosecution Departments are not eligible to compete for the post. The removal of restriction will reduce the frustration between the law officers who are otherwise competent and have more than 10 years judicial experience. It is demand of these officers that they may be allowed to compete with lawyers for appointment against the posts of Additional District & Session Judges. On this issue views of the Bar have not been obtained. It is also to be noted that appointment against such posts is made to induct fresh blood from the Bar. The majority of posts are filled by promotion of officers of District Judiciary. The view of the Chairman of the Committee is that this issue needs further deliberation and consultation of the Bar and the High Court. The other issue is the matter of re-employment of retired judicial officers on different ex-cadre judicial posts. Presently about 40 retired officers are serving on these posts on contract basis. The present pendency position/back log does not permit relieving of these officers as forty officers may not be available for posting against these posts. However as a policy, wherever a serving judicial officer is available, appointment on contract of a superannuated officer should not be made. The Govt., it is recommended, may issue instructions to this effect and High Court should also follow such a policy.

Training of Judicial Officers

A newly recruited judicial officer lack knowledge and skill to handle the court, and in the present arrangement he acquires these skills, working and management of cases from Reader & Ahlmad of the court and through experience. He thus remains dependent upon the ministerial staff for a considerable period rendering the judicial process vulnerable to corruption, wrong doings and substandard. The Pre-service and In- service training was launched and commenced in 1987 but the holding of these courses depended on the will of the Chief Justice. Most of the Chief Justice held the view that due to backlog, officers cannot be spared. Unfortunately, they did not realize that a trained officer is better equipped to deal with the staff and to dispose of cases expeditiously and to the satisfaction of the litigant public. Even the Federal Judicial Academy could not operate fully due to the aforesaid approach of certain Chief Justices specially of the Lahore High Court. In order to remedy this situation, it was proposed that service rules should provide for compulsory pre-service and in-service training to make this matter beyond the will or discretion of a Chief Justice as is so prescribed in the service rule of the Executive/Civil Servant. The committee in order to give effect to its recommendations of making the pre- service and in-service training compulsory has drafted the Regulations enclosed as Annex ‘A’ which provide for pre-service training for six months before posting in the field, in-service training and exam for successful completion of probation and promotion. These courses and the courses for exposure of new legal concepts and methods will be held at the Provincial Judicial Academy. Continued Legal Education As there was no training institution for the judicial officers in Punjab, training courses were sporadically held in different institutions. A specialized institution has to be established in order to provide continued legal education to the judicial officers

8 and the court staff for their capacity building. With the view to institutionalize the training process and to establish a Judicial Academy, the Provincial Judicial Academy Act 2007 was enacted. A copy is enclosed as Annex ‘B’. The committee examined this enactment with the view to actualize the establishment of Academy at the earliest and also to make the law effective and vibrant so as to meet the modern concepts of legal education requirements. It was considered necessary to introduce changes in the composition of the Board of Management so as to make it more independent and pro-active. It was proposed that Director General of the Academy should be a person having experience and knowledge in the field of law as well legal education. A draft of the proposed amendments in the Provincial Judicial Academy Act 2007 is enclosed as Annex ‘C’. The Academy will also provide training and courses on the Alternate Dispute Resolution process for the capacity building of Judges, Lawyers, Accountants, Engineers and other professionals enabling them to act as conciliators, Evaluators, Mediators and Arbitrators. The role of the Academy in promoting ADR process is pivotal and as such faculty of the Academy has to comprise of experts and experienced professionals and teachers. Hon’ able Chief Justice has been kind in allowing housing of the Academy in the new building in the vicinity of the office of Advocate General, Punjab at Fane Road, Lahore till such time that Academy building is constructed on the tract of land to be allotted and made available in the proposed Education Town by the Government. The efforts are being made to complete the construction work and furnishing the building at the earliest. The concerned staff has been requested to hand over the building for commencement of training programmes from 1st September 2008.

Recommendations:

Govt. is requested to allocate & allot the land in the Education Town and provide financial resources for construction of Provincial Judicial Academy.

9 Alternate Dispute Resolution Process

The ADR process is being successfully applied in the developed countries and almost eighty percent of the cases lodged in British and Australian Courts are being settled through ADR process thereby saving cost of the parties and sparing time for the court for adjudication of complicated legal issues and cases which do not qualify for decision under the ADR process. The lawyers are now satisfied of the effectiveness of this process in saving time and cost of the parties and about their involvement in the process as facilitators whose guidance parties still need and require for watching the litigants interest. The courts, the lawyers and the litigant parties have now accepted that this process is helpful in considerably reducing the workload of the courts by providing to parties opportunity to settle their dispute outside the court. The Civil Procedure Code by amendment vide Ordinance 34 of 2002 has introduced the basic concept of ADR process but guidance has not been provided as to how and by what method this process is to be employed by courts. The committee therefore requested the Chairman of the Committee to provide the mechanism, the mode and manner of adopting the Alternate Dispute Resolution Process. After deliberations and examination of the proposed Draft Rules, it is recommended as follows:- An Order on ADR process be added in the Orders under CPC as Order X-A. The proposed draft of this order provides for the manner & the method of settlement of disputes. The proposed draft of Order X-A is enclosed as Annex ‘D’ The High Court Lahore is also being requested to issue instructions to the District Judiciary in the matter of Standards of conduct for Arbitrators, Conciliators, Evaluators and Mediators. A draft of the standards of conduct is proposed for consideration of the High Court. Copy of proposed draft is enclosed as Annex ‘E.

The committee has further recommended to the High Court to have the lists of Arbitrators, Conciliators, Evaluators, and Mediators approved as in each case the parties may have to choose the Arbitrator/Mediator etc from the approved list or to jointly agree on an Arbitrator/Mediator of known credibility and expertise. In order to effectuate the Alternate Dispute Resolution process, the parties before the first hearing of the suit when the pleadings of the parties have already been filed, is being mandated to file an Allocation Questionnaire Form. Copy enclosed as Annex ‘F’ The court will facilitate the parties to choose any of the dispute resolution process in order to save cost and time and if they so choose, the matter will be referred to chosen mode for amicable resolution and the suit will be stayed for one month. If in this period or any extended period granted by the Court, the subject matter of dispute/suit is settled, the decree will be passed in accordance with the agreed settlement or as per award if made in Arbitration. In case of failure of the process, the suit will be referred to other court for trial in accordance with law & costs will follow the event considering the party the conduct of which was responsible for prolonging the proceedings.

10 Even is suits/civil appeals already pending a similar “Allocation Questionnaire Form will have to be filled by all the parties so as to provide parties to choose any of the ADR process for having the subject matter of the suit/civil appeal resolved amicably. In family matters also “Allocation of Questionnaire” will be filed by parties. The High Court is to issue instructions prescribing the Form Annex-‘G’ to be filed by the parties in the Family Matters. A specimen form to be filed in appeal is enclosed as Annex ‘H’. The committee further recommends that except in the case of Supreme Court Judges and known experts of their respective specialty (e.g Chartered Accountants, Engineers, Lawyers) only those persons will be approved for being listed in the Panel of Arbitrators, Conciliators, Evaluators and Mediators who have undergone successfully prescribed courses of Provincial Judicial Academy. The High Court has been requested to appoint a qualified person as Director General who will immediately design appropriate courses in consultation with faculty member(s) or other knowledge persons/teachers. Some modules on the subject will be provided by the Chairman of the Committee to the Director General. The Provincial Judical Academy will also prepare material for public awareness about the Alternate Dispute Resolution and its effectiveness in saving time and expenses of the litigants and easy method of reducing the grievances and ensuring enjoyment of rights within reasonable time.

11 Administrative Measures The basic complaint against the judicial system is the delay in the decision of cases and corruption. Both these can be controlled by streamlining the system plugging the loop holes, providing necessary tools and infrastructure through legislation and by strict supervision and monitoring of the High Court. The strict compliance of the law, rules and instructions of the High Court will improve the situation to a great extent. The committee requested vide letters Annex ‘J’ to the High Court to ensure compliance of its instructions already issued by it and also to monitor the working of District Judiciary through Annual & Surprise Inspections. With the view to improve the working and in the interest of early disposed of case the following recommendations are made:- If a slab rate of process fee is levied only once at the time of institution of suit/case precious time of court will be saved and a tool to extort money will be done away with. Process fee in each case should be levied and received only once Rs.150/- Suits valued up to Rs.3.00 lacs Rs.300/- Suits valued over Rs.3.00 lacs Under the prevailing law, a litigant is required to deposit process fee for service of every application / plaint etc. This requirement is being used as a tool to extract money from litigants.

Improvement of Process Serving Agency

In the present judicial setup process server performs a sensitive and important assignment. The expeditious disposal of civil case is dependent upon effective and timely service of summons and notices upon the parties. But the remuneration being offered to a process server is not commensurate with his assignments. His duties if not more are as hectic and important as being carried out by a police constable (BPS-5). Keeping in view the above aspects the post of process servers should be upgraded to BPS-5. The job of process server requires him to travel to far flung areas in order to procure the service of litigating parties. Presently few bicycles are available in every district for their travelling needs. Keeping in view the volume of summons/notices assigned to the process server it is almost impossible for them to get these served in time. This eventually leads to unnecessary delays even at the beginning of the case. Months and sometime years are spent merely to procure the attendance of parties. Provision of better means of communication will definitely reduce the delay in dispensation of justice.

Recommendations

The committee recommends that posts of Process Server should be upgraded to BPS-5 and each one of them should be provided with a motorcycle with reasonable fixed financial grant for petrol and maintenance.

Provision of Stenographers/Computer

12

According to the yardstick as laid down in the High Court Rules and orders a judicial officer is required to handle 500 cases at the most. But in reality the judicial officers are being entrusted with average of two thousand cases per court which leaves very little time for material progress in the cases. One stenographer assigned with each court is not capable to handle the tremendous work load and he is often required to sit late till night in order to complete the interim orders and judgments dictated to him. In order to reduce the load of work it is suggested that 2 stenographers may be deputed with every court and they should have at least one computer each available with them for smooth working.

Recommendations: The Government to make provision by SNE for providing additional stenographers & computers.

Investigation

Another major reason for delay in decision of criminal cases is defective and delayed investigation. It was pointed out before the committee that insufficient staff is available to handle the investigation of cases. It was felt that priority is being given to the Administrative and Law & Order assignments where more police officials are deployed as compared to investigation side. Even the less important jobs are assigned priority which depicts lack of interest in the investigation of cases. The problem can be managed by transferring more police officials to the investigation side and by giving incentives in cases where the criminals are brought to book and face trial within reasonable time. Moreover it is well known that the investigating officers are not equipped with proper training on the subject which results in defective investigation and eventual acquittal of culprits. The image of government is tarnished and writ of law is badly affected. This can be overcome by providing training to the investigating officers on modern lines. The committee has observed that investigating officers are transferred while the trial of criminal cases are still pending due to lack of interest on the part of other police official as they are not held responsible even if the case is decided against the state and the prosecution case suffers. Due to this lack of interest procurement of the attendance of witnesses is also negligible. It was felt that if SHO of concerned police station is held responsible for completion of prosecution, then the criminal cases will be decided at a much faster pace. Recommendations Shortage of investigation staff be reduced by transfer of police official from other, less important assignments. Incentive to be given and proper training be given to the police officials in the field of investigation. SHO should be responsible for the success of prosecution in a case by procuring presence of Investigation Officer and witnesses. Disposal of Backlog The committee has given serious consideration to the huge back log of civil and criminal cases and their disposal expeditiously, justly and fairly. The long term measure is to increase the number of judges of the District judiciary so that to each court only 700 cases are assigned. The strength cannot be increased overnight or even in 5/6 months.

13 Moreover, if the ADR process which is being introduced is successful, the increase in strength may not be that much what is otherwise suggested. Again adoption of measure being proposed hereunder would also change the scenario. It will be therefore appropriate to evaluate and assess the result of the following measures:- The number of pending cases as per report of the High Court, Court wise and short term measure to be adopted would be as under:-

I Civil Judge cum Magistrates 11,14,813 – Total Pendency 39000 – Pending for 5 years With each newly instituted case, Allocation Questionnaire Form as specified will be filled in and filed for facilitating disposal through ADR process.

In every civil case already pending instituted, the prescribed “Allocation Questionnaire Form” to be filed within 15 days of the coming into force of the Order. X-A.(Newly added)

The purpose is to facilitate amicable resolution and reduce the workload and the civil cases pending adjudication for 5 years are 39000.

CRIMINAL CASES Pending for 5 years - 25793

High Court proposes to assign criminal cases to Civil Judge cum Magistrate to deal with criminal cases only. They will be asked to dispose of cancellation of challan reports on priority basis within 7 days and give priority to old cases.

Sessions Courts Pendency - 104513 Cases

The committee proposes that retired District & Session Judge of known integrity and competence may be appointed for one year on special pay for decision of the old criminal cases and the civil Appeal where the parties are not interested to have their appeal decided through ADR process. The High Court will monitor their work quarterly and if progress is not satisfactory contract will be terminable. In civil appeal, the parties will also be requested to opt for amicable resolution through ADR process by filing the requisite Allocation Questionnaire Form. High Court

Pendency - 81173 Cases

In pending civil appeal/causes, parties will be required to fill in the Allocation Questionnaire Form – all those cases in which choice of resolution through ADR process is made so as to save time & cost, reference will made accordingly. It is proposed that retired judges of known capability and integrity may be appointed on

14 contract for 2 years with special pay package for disposal of old cases. The progress will be monitored periodically and in case of non satisfactory performance the contract will be terminable.

Coordination between Bar & Bench The committee was of the view that lack of coordination between the district judiciary and concerned bar associations has created an atmosphere of mistrust on the judicial system. The problems at their initial stage are not highlighted and they come to fore when they become gigantic. Even minor problems are left to be handled at the level of High Court. Establishment of Bar Bench Coordination Committees will help the two important limbs of judicial system to handle the problems at their own level. It will also improve the surveillance of High Court on the district judicial system. This method is being successfully used in the North Western Frontier Province. Recommendations Establishment of Bar – Bench Coordination Committees should be encouraged & minutes of meeting of the committee should be forwarded to MIT, Lahore for guidance if any.

Law Commission

The judicial system is not keeping pace with the changes fast emerging in the society and the challenges brought about by globalization. New legal concepts are taking shape and in order to meet the demands of change, it is necessary to constitute a permanent Law Commission. In India a Law Commission exists and its terms of reference are also laid down. It comprises of a retired judge of Supreme Court, a Law Professor of eminence (a Muslim) and an experienced civil servant (Secretary to the Commission). The Law Commission can co-opt others as member. In Pakistan, A Law Commission is constituted comprising of Chief Justice and Judges who can hardly spare time for the job and some senior lawyers who again are very busy in their law practice Recommendations A Law Commission on above lines with specified terms of reference should be constituted to recommend amendments in law and to propose new laws.

15 RECOMMENDATIONS AT A GLANCE:- 1. Legal education – raising the standard. a) The Secretary, Law & Parliamentary Affairs in coordination with Secretary Higher Education, Punjab to follow the actions, instructions and proposal of the committee and ensure compliance thereof. b) Government may allow exemption to the Universities to employ on contract, suitable persons holding Ph.D Degree as faculty members by also relaxing age requirement. 2. Recruitment/Promotion of Judicial Officer. a) Recruitment to all tiers of District Judiciary to be made through Punjab Public Service Commission. No special exemption should be granted ever. b) Where ever a serving judicial officer is available, appointment of retired judicial officer, as a policy, should not be made Govt. in consultation with High Court should issue policy instructions. 3. Training of Judicial Officer. a) Pre-service & In-service Training Courses be made compulsory under law so as to take it out of the discretion of the Authority. Draft Regulations framed for approval and enforcement. b) Activation of Provincial Judicial Academy – Amendment in Provincial Judicial Academy Act to make the management Board proactive and independent. c) Govt. to allocate and allot the land in Education Town and provide financial resources for construction of Provincial Judicial Academy. d) Provincial Judicial Academy to initiate campaign for public awareness about their rights and adopt ADR process to seek redressal of grievances.

4. Alternate Dispute Resolution Process. (1) An order on ADR process should be added as Order X-A in CPC to provide for manner and method of resolving the disputes. Proposed draft of ADR process Rules – Order X.A submitted for approval. (2) Instructions to be issued laying down Standards of Conduct of Arbitrators/Conciliators/Mediators. Draft standards proposed for approval & enforcement. (3) List of Arbitrators/Conciliators/Mediators to be maintained by High Court. (4) With the view to effectuate ADR process and to lessen the workload, parties are being mandated to submit the “Allocation Questionnaire Form” in all cases at the specified time. Separate forms are being prescribed in different suits, cases, and appeals. (5) Courses for capacity building of lawyers and other professionals to act as Arbitrators, Mediators and Conciliators to be held at Provincial Judicial Academy.

5. Administrative Measures. (1) Slab rate of process fee to be levied so as to save time of the Court, expense of the parties and delay

16 (2) High Court to seek compliance of its instructions on expeditious disposal. (3) Post of Process Server be upgraded by allowing Grade BPS-5. (4) Process Server should be provided motor cycle & financial grant for petrol & maintenance. (5) One more stenographer to be attached with each court. Government to make provision of the requisite number of additional posts of Stenographers and one computer each by SNE.

Investigation More police officers should be provided for investigation of criminal case and they should also be given incentives (financial or service benefit) for successful prosecution. SHO should be made responsible for producing witnesses & case material / record.

Disposal of Backlog (1) Measures proposed for disposal of cases justly, fairly and expeditiously. (2) Retired District & Session Judges to be appointed for disposal of old civil & criminal Appeals/Cases. (3) Retired Judges of High Court to be appointed for disposal of old cases.

Coordination between Bench and Bar by framing a Committee The committee to meet regularly and adopt measures in the interest of justice. A copy of minutes to be provided to MIT High Court for perusal of (Inspection) Judge of the District and for guidance.

Law Commission Instead of the Law Commission comprising sitting Judges & Chief Justice, a Law Commission comprising retired judges of superior judiciary, Law Professor of known capability and other experts of relevant speciality should be constituted with terms of reference and time frame of the assigned work. The Govt. of the Punjab may constitute a Law Commission for examining the Provincial Laws, with the view to remove obsolete laws from the statute Book and recommend amendments for adoption of new legal concepts.

17 18 ALLOCATION OF QUESTIONNAIRE FORM (For Civil Appeal/Causes Pending before September 2008)

A. Settlement

1. 2. 3. 4. B. Claim in Appeal

1. State briefly the claim made in the suite (case) State briefly the defence of the opposite Party (Please avoid arguments)

2. Note each issue separately mentioning the document and witness relied upon/referred in the decision.

Issue No.1 Witness Document PW Ex DW Issue No.2

Issue No.3

Issue No.4

Issue No.5

C. Grounds of challenge / Defence With citations (judgments relied upon)

1

2.

3.

4. Appellant (Plaintiff/Defendant) (Respondent /Plaintiff/Defendant)

Counsel Counsel

19