Annual Report 2010

Law & Justice Commission of Pakistan

Published By

Secretariat Law and Justice Commission of Pakistan Supreme Court Building Constitution Avenue Islamabad

Annual Report, LJCP Table of Contents

1. Foreword 1 2. Introduction 3 3. Law & Justice Commission of Pakistan 5 4. Chairman & Member’s Introduction 10 5. National Judicial (Policy Making) Committee 28 6. Access to Justice Development Fund 34 7. Commission’s Secretariat 36 8. Activities of LJCP 37 9. Activities of NJPMC 41 10. Activities of AJDF 79 11. Public Awareness Program 91 12. List of Reports 125 13. List of officers of LJCP 131 14. Commissions’ Finances 132 15. Addresses of other Law Commission 133

Annual Report, LJCP

Foreword

I am pleased to present Annual Report of the Commission for the year 2010, a significant year for the Commission and as well as for the judicial system of Pakistan. Our justice system is grappling with many issues having tremendous impact on the performance of justice sector institutions. The Constitution of Islamic Republic of Pakistan ensures quick and inexpensive justice to all segments of society without any discrimination and no one can deny the fact that this constitutional commitment cannot be fulfilled unless the perennial and decade old issues hindering the process of dispensation of justice are addressed. The Law and Justice Commission of Pakistan is mandated to suggest law reforms to make our legal system more responsive to such concerns and formulate efficient and workable policies for strengthening the system of administration of justice. Suggesting law reforms to foster innovations for the benefit of litigants is a critical task and I feel pride that the Commission is performing this fascinating and challenging job.

Furthermore, the Secretariat is providing secretarial assistance to the National Judicial (Policy Making) Committee to provide a path for reforming the administration of justice in the country in order to realize the goal of ensuring expeditious and inexpensive justice for all by mobilizing the existing resources. For this purpose a software has been developed to monitor the progress of all criminal and civil cases to evaluate the performance of different key players of the justice sector i.e. Courts, Police, Prosecution and Jail authorities. This software programme will provide information regarding progress of each civil or criminal case at just one click enabling the MIT office to monitor the case flow management in each Court of the district judiciary. I hope that effective implementation of this software will prove to be a milestone in the judicial history of Pakistan.

Annual Report, LJCP I commend the efforts of the Secretariat of the Commission as it performed multidimensional activities during the year under reference suggesting law reforms, effective implementation of National Judicial Policy, management of Access to Justice Development Fund and by raising awareness about existing laws through public awareness schemes. I hope that they will continue to do more with the same zeal and enthusiasm.

(Justice Iftikhar Muhammad Chaudhary) Chairman Islamabad, the 24th September, 2011

Annual Report, LJCP

Introduction

The Law and Justice Commission of Pakistan is a statutory institution established for keeping under review, on systematic basis, the statutes and other laws of the country, with a view to make recommendations to the Federal Government and Provincial Governments for improvement, modernization and reform thereof. The Commission further makes recommendations to Government for reforms in the system of administration of justice and suggests measures for inexpensive and expeditious dispensation of justice. The Law and Justice Commission of Pakistan has so far approved 120 Reports on law reform and submitted the same to the Government for implementation.

The Commission Secretariat also operates a legal awareness scheme where under Urdu write ups on legal issue / problems of public interest are published for public awareness. The write ups prepared so far have been compiled and published in 6 volumes under the title “Qanoon Fahmi”.

The Government of Pakistan has established a statutory endowment “Access to Justice Development Fund (AJDF)” with a view to address the issue of chronic budgetary constraints facing the judicial and legal sectors in Pakistan. AJDF is a demand‐driven expenditure characterized by a unique funding mechanism to sustain and deepen reforms in the justice sector and strengthen the professional functionality of the courts and its service delivery component and legal empowerment. The AJDF is located with the Law and Justice Commission of Pakistan (LJCP), which provides secretarial support to AJDF. LJCP has constituted a Governing Body with a mandate to manage and administer the Fund. The GB is headed by the Chief Justice of Pakistan.

The Secretariat of Law and Justice Commission of Pakistan also provides secretarial assistance to NJPMC to cope with its mandate set forth in the Ordinance. The National Judicial (Policy Making) Committee in its various meetings in 2010 issued directions on many important issues, such as the issue of under trial prisoners and jails reforms, disposal of cases through

Annual Report, LJCP ADR, separation of judiciary from the executive, eradication of corruption from the judiciary, segregation of child prisoners from adult prisoners, recording of evidence through Commission, implementation of Small Claims and Minor Offences Courts Ordinance 2002, the issue of suckling babies in jails, effective enforcement of parole and probation laws, frustration of execution petitions, proceedings through miscellaneous applications etc. During the year, the Secretariat, under the auspices of National Judicial (Policy Making) Committee, organized a three days Conference to evolve strategies for effective implementation of National Judicial Policy.

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.

Habib‐ur‐Rahman Shaikh Secretary Islamabad, the 24th September, 2011

Annual Report, LJCP 1. Law & Justice Commission of Pakistan (LJCP)

The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprises 12 other members including the Chief Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of Law, Justice & Human Rights and Chairperson, National Commission on the Status of Women and others. Each province is represented by one member.

The non‐ex‐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. The Chairman can also appoint suitable person(s) as a member (s) for a specified period to perform specified functions.

The functions of the Commission are listed in Section 6 of the Ordinance. Such functions include:

• Carrying out a regular and systematic review of the statutes and other laws of land, with a view to improving/ modernizing laws for bringing them in accord with the changing needs of the society

• Arranging the codification and unification of laws. so as to eliminate multiplicity of laws on the same subjects;

• Removing inconsistencies between Federal and Provincial laws;

• Simplifying laws for easy comprehension and suggesting measures to make the society law‐conscious;

• Introducing reforms in the administration of justice; adopting simple and effective procedure for the administration of laws to ensure substantial, inexpensive and speedy justice;

• Recommending improvements in the quality/standard of legal education;

Annual Report, LJCP • Taking measures for developing human resources for efficient court administration and management of case flow; co‐ordination between the judiciary and executive authorities of the Federal Government and provincial governments on administrative, financial and other related matters;

• Preparing and operating schemes for access to justice, legal aid and protection of human rights;

• Managing the Access to Justice Development Fund;

• The Federal Government or any provincial government may seek the opinion and advice of the Commission on any matter relevant to its functions.

Besides, the Commission is further mandated to take measures for:‐

• Developing and augmenting human resources for efficient court system and case management.

• Co‐ordination of judiciary and executive.

• Preparing schemes for access to justice, legal aid and protection of human rights.

• Improving standards of legal education.

1.1 Working of the Commission and Its Secretariat

• Where the Commission proposes to examine any particular statute or law, the Chairman shall direct the Secretariat to do so and to submit a report for the consideration of the Commission.

• The Chairman may publish any of the pending working/theme paper for eliciting public advice/comments on the subject.

Annual Report, LJCP • The Chairman may obtain the advice of any person possessing special knowledge of the law under examination on payment of such fee as he may deem proper.

• The Chairman may require any person residing in Pakistan and possessing special knowledge of the matter under consideration of the Commission to appear before him or any Member or Members as an expert witness and cause his evidence to be recorded in writing and signed by him and allow him such expenses as the Chairman deems reasonable.

• The Chairman may constitute Committees consisting of one or more than one Members to study and examine any matter relating to the functions of the Commission, as mentioned in section 6 of the Ordinance, and any Committee so constituted shall submit its report to the Chairman.

1.2 Reference to the Commission

• A Division of the Federal Government or a Department of a Provincial government may refer to the Commission any matter relevant to its functions for consideration.

• Such reference shall be forwarded, in the case of Federal Government, through the Secretary, Law and Justice Division and in the case of Provincial Government, through the Secretary, Law Department. The reference shall state the terms and time frame for the preparation of preliminary and/or final report by the Commission.

• The Commission may also initiate the examination of a matter on its own motion

1.3 Report and Recommendations

• If, on submission of a report by the Secretariat on a statute, law or any other matter to the Commission, the Chairman proposes to make any recommendations to the Federal Government under section 6, sub‐sections (1) and (2) of the Ordinance or to any Provincial Government under sub‐

Annual Report, LJCP section (1) thereof, or tender advice to the Federal Government or any Provincial Government on receipt of a reference under section 6 (3) of the Ordinance, he may direct that the report submitted by the Secretariat be circulated among the Members for their comments.

• On receipt of comments of the Members referred to in the preceding Rule in the Secretariat the Chairman shall convene a meeting of the Commission to formulate its recommendations for transmission to the Government concerned.

• The reports of the Commission shall be published

• The Chairman may require any person who had been consulted or tendered his evidence under rules 2 and 3 of Part IV to attend the meeting of the Commission and take part in the discussion, but such person shall not be entitled to vote

1.4 Research Methodology

Apart from the above mentioned references, the projects undertaken by the Secretariat are initiated in the Secretariat's meetings which take place frequently. Priorities are discussed and topics are identified. Depending upon the nature and scope of the topic, different methodologies for collection of data and research are adopted keeping the scope of the proposal for reform in mind. Discussion at meetings helps not only in articulating the issues and focusing the research, but also evolving a consensus among the researchers of the Secretariat. What emerges out of this preparatory work is usually a working paper outlining the problem and suggesting matters deserving reform. The paper is then submitted to the Sub‐committee of LJCP to scrutinize the same before submitting to the Commission. After approval of Sub‐ committee, the proposal in then placed before the Commission, which if approved, is forwarded to the Ministry of Law, Justice and Parliamentary Affairs for implementation.

The Commission has been anxious to ensure that the widest sections of people are consulted in formulating proposals for law reforms. In this process, all the stakeholders are taken on board. The Commission

Annual Report, LJCP welcomes interaction with the general public, especially jurists, researchers, scholars and activists to get feed back on its drafts and receive proposals for reform of law, legal education and judicial system.

1.5 Public Awareness

The Secretariat also operates a Legal Awareness Scheme, where under urdu write‐ups are prepared on legal issues/problems of public interest and published in newspaper. So far six volumes titled, Qanun‐Fahmi have been published. The published reports and write‐ups are available for sale in the Head Office of National Book Foundation, Islamabad as well as its regional/branch offices. The reports/write‐ups are also available on the website of Law and Justice Commission of Pakistan.

Annual Report, LJCP 2. Chairman & Members Introduction

A brief introduction of the Chairman and members of the Law and Justice Commission of Pakistan and National Judicial (Policy Making) Committee follows:‐

Chairman Mr. Justice Iftikhar Muhammad Chaudhry

Personal: Name: Mr. Justice Iftikhar Muhammad Chaudhry Father’s Name: Chaudhry Jan Muhammad Date of Birth: 12‐12‐1948 Educational Qualification: B.A. LL.B.

Annual Report, LJCP

Professional Experience: • Started Practice as Advocate in the year 1974. • Enrolled as Advocate High Court in the year 1976. • Enrolled as Advocate Supreme Court in the year 1985. • Appointed as Advocate General Balochistan in the year 1989. • Elevated as Addl: Judge High Court of Balochistan in the year 1990. • Confirmed as Judge High Court of Balochistan in the year 1993. • Appointed as Chief Justice High Court of Balochistan on 22nd April, 1999. • Elevated as Judge Supreme Court of Pakistan on 4th February, 2000. • Appointed as Chief Justice of Pakistan on 30th June, 2005.

Fields/Subjects of Practice as Advocate:

Practiced as Advocate in all fields/subjects i.e. Constitutional, Criminal, Civil, Tax, Revenue, etc.

Additional Experience/Activities:

• Elected as President High Court Bar Association, Quetta. • Elected twice as Member Balochistan Bar Council. • Besides functioning as Judge High Court of Balochistan, Quetta discharged duties as Banking Judge, Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge. • Appointed as Chairman Balochistan Local Council Election Authority in the year 1992 and thereafter for second term in the year 1998.

Annual Report, LJCP • Appointed as Chairman Provincial Review Board for the Province of Balochistan on the recommendations of Chief Justice of Pakistan. • Appointed twice as Chairman of Pakistan Red Crescent Society Balochistan by Government of Balochistan. • Nominated by Chief Justice of Pakistan as Chairman, Enrolment Committee of Pakistan Bar Council. • Appointed as Judge Incharge Supreme Court Staff Welfare Committee by the Chief Justice.

International visits as Chief Justice of Pakistan:

• Attended 22nd Biennial Congress on the Law of the World held in Beijing & Shanghai, China in September, 2005. • Participated in International Conference and Showcase on Judicial Reforms held in Philippines in November, 2005. • Visited United Kingdom in February, 2006 in connection with UK‐Pakistan Judicial Protocol on Child and Family Laws. • Participated in the Meeting on UK‐Pakistan Judicial Protocol on Children Matters in February, 2006. • Visited Malaysia to deliver a Public Lecture on the topic, “The Relationship between Law and morality in Islamic System” in August, 2006. • Attended XVII World Congress of the International Association of Youth and Family Judges and Magistrates at Belfast, Northern Ireland in August, 2006. • Visited India on Golden Jubilee Celebration of Indian Law Institute in November, 2006. • Attended the Symposium on 47th Anniversary of the Constitutional Court of Turkey in April, 2009.

Annual Report, LJCP Awards and honors

• HLS Medal of Freedom

He is first Pakistani to be presented with HLS (Harvard Law School) Medal of Freedom, which is only given to selected personalities for their contribution to freedom, justice and equality. Earlier, only two other people have been awarded this honor. The first was Charles Hamilton Houston, an African American lawyer and NAACP Litigation Director who helped play a role in dismantling the Jim Crown laws and helped train future Supreme Court justice Thurgood Marshall. Former South African President Nelson Mandela is the second.

• Lawyers of the Year Award

The National Law Journal honored as the Lawyer of the Year for 2007.

• New York City Bar Honorary Membership

The Association of the Bar of the City of New York granted an Honorary Membership in the association on Nov 17, 2008, recognizing him as a “Symbol of the Movement for Judicial and Lawyer Independence in Pakistan.”

Annual Report, LJCP Members

Maulvi Anwar‐ul‐Haq Attorney General for Pakistan

Maulvi Anwar‐ul‐Haq was born on 28th December, 1948 at Rawalpindi. He graduated from Gordon Collage, Rawalpindi in 1968 and obtained a law degree from Punjab University Law Collage, Lahore in the year 1970. He started law practice at Rawalpindi in 1970 and later enrolled as Advocate of the High Court and of Supreme Court of Pakistan. He was elected as President of Rawalpindi Bar Association for the year 1997‐98. In 1997 he was appointed as Deputy Attorney General. Maulvi Anwar‐ul‐Haq was elevated as Judge of the Lahore High Court in the year 1999. After retirement he was appointed as Attorney General for Pakistan in April, 2010.

Mr. Justice Agha Rafiq Ahmed Khan Chief Justice, Federal Shariat Court

Mr. Justice Agha Muhammad Rafiq was born on 23rd August 1949. Did his graduation in law from University of Sindh and enrolled as Member of Sindh Bar Council in 1972. Joined Sindh Judicial Service as Civil Judge and First Class Magistrate in 1973, Promoted as Senior Civil Judge & Assistant Sessions Judge in 1978 and as Additional District & Sessions Judge in 1983. Attended Shariah Training Course in International Islamic University in Islamabad in 1984. Appointed as Additional Secretary, Sindh Legislative Assembly in 1985 and promoted as Secretary Sindh Legislative Assembly in 1985. In 1989 he was appointed as Director Legal Services and then Director Administration in PIA on Deputation. In 1990, he was promoted as District & Sessions Judge. He was appointed as Additional Secretary (Regulations) and General Administration Department, Govt. of Sindh. Appointed as Judge Sindh Labour Court No. 1 Karachi in 1991, Posted as Law Secretary Sindh in 1994‐95. He was appointed as judge

Annual Report, LJCP Sindh High Court in 1994‐95. Posted as District & Sessions Judge East Karachi (Special Judge Narcotics) in 1997. Posted as District and Sessions Judge East Karachi (Special Judge Narcotics) in 1997. Appointed Law Secretary Sindh in 1998. Posted as District and Sessions Judge Karachi South in 2002. Posted as District and Sessions Judge Karachi East in 2007. Elevated as Judge of Sindh High Court on 14th December 2007. Posted as Federal Secretary Law and Justice and Human Rights in 2008.

Annual Report, LJCP Mr. Justice Ijaz Ahmad Chaudhry Chief Justice, Lahore High Court

Hon’ble Mr. Justice Ijaz Ahmad Chaudhry, having been sworn in as Chief Justice of Lahore High Court on 9th December, 2010, was born on 15th December, 1950. After doing Bachelor of Laws, Justice Ijaz Ahmad Chaudhry started practicing law in 1975 and was enrolled as an Advocate High Court in 1977. His lordship ascended to be an Advocate Supreme Court in 1992.

Before being raised to the Bench he served as: Special Prosecutor, Sessions Court, Lahore (from 1977 to 1979); Legal Advisor NDFC, various Banks and Companies (1988); Assistant Advocate General, Punjab (from 1988 to 1995) and Additional Advocate General, Punjab (from 1999 to May 2001) He has been adorning the Bench at Lahore High Court since 2nd May, 2001 ,during the period he has performed various administrative & other duties, some of those are: Inspection Judge, Lahore District; Member Administration Committee, Lahore High Court, Lahore; Cooperative Judge, Lahore High Court, Lahore; Appellate Judge, Customs; Administrative Judge, Anti Terrorism Courts in Punjab; Administrative Judge, Anti Corruption Courts in Punjab; Administrative Judge, Drug Courts in Punjab; Led a delegation of the Judicial Officers to Vienna and Germany in November 2009 on a study tour on International Cooperative in Terrorism Cases/Drugs and Crimes arranged by the United Nations Office. Chairman, Committee for Enrollment of Advocates Supreme Court of Pakistan; Member Syndicate, University of the Punjab; Member Syndicate Committee, Punjab University Law College and Member Board of Management, Punjab Judicial Academy. Hon’ble Mr.Justice Ijaz Ahmad Chaudhry was appointed Chief Justice of Lahore High Court and took oath as such on 9th December, 2010.

Annual Report, LJCP Mr. Justice Khawaja Muhammad Sharif Chief Justice, Lahore High Court Retired on 8.12.2010

Mr. Justice Khawaja Muhammad Sharif was born in 9th December, 1948 in Lahore. He completed his M.A. Political Science in 1968 from Government College, Lahore (now Government College University, Lahore). He also got Diplomas in Taxation and Labour Laws. He did L.L.B. from Law College, University of the Punjab, Lahore in 1970. He was enrolled as an Advocate of the Lower Courts in March, 1997. He was enrolled as Advocate of the High Court on 24.5.1973 and Advocate of Supreme Court of Pakistan in 1979. During practice he wrote seven law books i.e., (i) Motor Accident Claims, (ii) Press & Publication Ordinance, (iii) Arbitration Act, (iv) Company Law, (v) West Pakistan Civil Courts Ordinance, (vi) Law of Tort (these six books were published by Mansoor Book Depot, Lahore) and (vii) Manual of Local Bodies Election Laws with Rules published by Shah Book Corporation, Lahore. He was elected thrice as a Member of the Municipal Corporation in 1983, 1987 and 1991, in the elections, which were held purely on non‐party basis. He was elected twice President of District Bar Association, Lahore in 1989 and 1991. In that capacity, he represented Pakistan at the time of formation of SAARC Law Association in Sri Lanka in October, 1991. He was one of the signatory to Charter of SAARC Law Association at Colombo, Sri Lanka. He was appointed as Advocate General of Punjab in May 1997 and was elevated as Judge of the Lahore High Court, Lahore in May, 1998 and took oath as the Chief Justice of Lahore High Court on 14.04.2009. He has remained Chairman Zakat & Usher Council Punjab on the elevation of Mr. Justice Muhammad Rafique Tarar (as then was) as President Islamic Republic of Pakistan. He also remained Member Evacuee Trust Property Board of Pakistan. He is author of five books relating to Journey to different countries which are called as Safar Namas. These are Shakh‐e‐Nazuk Ke Ashiyane, Safar Bazariya Dosti Bus, Kuchh Ranaiyaan, Kashmir Jannat Benazeer and Deedar‐e‐Kaba.

Annual Report, LJCP Mr. Justice Mushir Alam Chief Justice, High Court of Sindh

Born to a lawyer family on 18.8.1956. Grand father Moulvi Abdul Rauf, served as counsel for Maharaja of Gawaliar State. The Hon’ble Chief Justice did his LLB from S.M.Law College, Karachi. Joined Karachi Bar, in 1981. Enrolled as an Advocate High Court in 1983. Played active role in Bar activities. Held office of Honorary Joint Secretary and then as General Secretary High Court Bar Association Karachi. Elected as Member Sindh Bar Council. Appointed as Standing Counsel for Government of Pakistan in 1998 held last two positions till elevation to the Bench on 20th April 1999.

Mr. Justice Mushir Alam worked for all Pakistan Trade Union Congress, an affiliate of Brotherhood of Asian Trade Union (BATU), Worker Confederation of Labour (WCL), Nominated as link person in Pakistan, for the implementation of International Labour Standard or ILO Norms in Pakistan and also attended large number of regional and international conferences and workshops under the auspices of APTUC, BATU, WCL and ILO.

Annual Report, LJCP Mr. Justice Sarmad Jalal Osmany Chief Justice, High Court of Sindh

Elevated as Judge, Supreme Court of Pakistan 14th February, 2011

Justice Sarmad Jalal Osmany born in October 13, 1950 at Lahore. He did his Bachelors in Law from University of Punjab in 1975 and Masters of Law from University of London in 1978. He worked as an associate with a leading law firm in Karachi from 1979 to 1982, then in USA with the law firm of Shearman & Sterling New York City from 1983 to 1984. Practiced mostly in the international trade and banking areas. Elevated as a Judge of Sindh High Court in 1998, heard and decided cases in all areas of the Law including Shipping, Banking, Property, Tax, Constitution as well as Criminal Areas. Member of the Provincial Steering Committee for the Province of Sindh in the Government of Pakistan’s Judicial and Legal Reform Project. This Project is funded by the Asian Development Bank and entails reforms in a number of areas including Judicial Policy and Administration, Delay Reduction Programme, Access to Justice, Legal Education, Judicial Training, Strengthening Commercial Dispute Resolution Procedures, Drafting/Amendment of Legislation, etc. Attended Workshops and Seminars in the country regarding the Project. Also attended International Judicial Conferences on Secured Transactions Law Reforms and International Insolvency sponsored by the Asian Development Bank and World Bank. Elevated to the Supreme Court of Pakistan in September, 2008 and then became Chief Justice Sindh High Court on 3rd August, 2009.

He has remained Professor of Law at Sindh Muslim Law College Karachi, from 1980 to 1982 and then from 1985 till 1998. Taught both LL.B. and LL.M. classes viz contract, sale of goods, company and international law.

Annual Report, LJCP Mr. Justice Qazi Faez Isa, Chief Justice, High Court of Balochistan

Mr. Justice Qazi Faez Isa was born on October 26, 1959 in Quetta. He did his B.A. Honours in Law from London. Completing his BAR Professional Examination from the Inns of Court School of Law, London. He was called to the Bar of England and Wales (Middle Temple, 1982). Mr. Justice Qazi Faez Isa after doing his Bar‐at‐Law enrolled as an Advocate of the Balochistan High Court and became an Advocate of Supreme Court of Pakistan from Balochistan. He practiced law for over 27 years before all the High Courts of Pakistan, Federal Shariat Court and Supreme Court of Pakistan. He was a member of the Balochistan High Court Bar Association, Sindh High Court Bar Association and Life Member of the Supreme Court Bar Association of Pakistan. Before his elevation he was a senior partner and head of litigation in one of Pakistan’s leading Law Firms. In his capacity as Counsel was called upon by the High Courts and the Supreme Court as amicus curiae, and rendered assistance in certain complicated cases. He has also conducted international arbitrations. Innumerable cases, in which he appeared as Counsel, have been reported in law journals; public interest litigation cases, included when he successfully assailed the special laws applicable in Balochistan (Ordinance I & II of 1968) on behalf of the Balochistan Bar Association (PLD‐1991 Quetta 7). In the petition filed in the Balochistan High Court with regard to the violation of Quetta Building Code, the High Court directed the implementation of the Quetta Building Code to ensure against death and destruction in times of earthquake (PLD 1997 Quetta I). He served in an honorary capacity as a Director on the Board of Directors of one of the leading banks in Pakistan, Member of the Policy Board of Securities and Exchange Commission of Pakistan and Member of the Quaid Mazar Management Board. Mr. Justice Qazi Faez Isa has also remained professor on the ‘Constitution of Pakistan and the Constitutional History of the Sub Continent’ at Islamia Law College, University of Karachi (till 1994). Mr. Jusice Qazi Faez Isa was elevated to the position of Chief Justice of Balochistan on August 5, 2009. He is author of two books namely ‘Mass Media Laws and Regulations in Pakistan’ and ‘Balochistan, Case and Demand’ He has also written extensively on Law, environment, Islam, Heritage, Balochistan and the Constitution.

Annual Report, LJCP Mr. Justice Ejaz Afzal Khan. Chief Justice, Peshawar High Court

He was born on the 8th of May 1953 at Mansehra. Mr. Justice Ejaz Afzal Khan graduated in Law in 1977 from the Khyber Law College and joined the profession of Law in the same year. He was enrolled as Advocate Peshawar High Court in 1979 and in 1991 he was awarded the license to appear before the Supreme Court of Pakistan as a lawyer. Justice Ejaz Afzal Khan is the only judge of the Peshawar High Court who remained stuck to the principled stance of the independence of judiciary till last and was restored alongwith the Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry on March 16, 2009. He rejected the offer to take oath under the Provisional Constitutional Order (PCO) on November 3, 2007. His elevation to the Bench as Additional Judge in September, 2000 was an acknowledgment of his professional capabilities and after having served as a Judge of the Peshawar High Court for 9 years. He was appointed as Chief Justice of Peshawar High Court on 20th October, 2009.

Muhammad Masood Chisti

Federal Secretary for Law, Justice and Parliamentary Affairs

Mr. Muhammad Masood Chishti, Secretary Ministry of Law, Justice and Parliamentary Affairs was born on 2nd January, 1961. He started practice as Advocate lower courts in 1986 and obtained license to practice in High Court and Supreme Court in 1989 and 2003 respectively. He was appointed as Assistant Advocate General Punjab in 1995. He has remained legal advisor to Lahore Development Authority (1988 to 1989) and House Building Corporation (2001 to 2004). Mr. Masood Chishti has remained Member of Punjab Bar Council, Member Executive Committees of High Court Bar Association and Lahore Bar Association. He was elected as Chairman Land Acquisition Committee, Punjab Bar Council (2000); Chairman Free Legal Aid Committee, Punjab Bar Council (2003) and Chairman Executive Committee, Punjab Council (2004).

Annual Report, LJCP Mr. Justice (R) Muhammad Aqil Mirza

Federal Secretary for Law, Justice and Parliamentary Affairs 2010

Mr. Justice (R) Muhammad Aqil Mirza obtained his Bachelors degree of law from University Law Collage, Lahore in 1960. He was enrolled as Advocate High Court and Supreme Court in 1964 and 1970 respectively. He was appointed as Assistant Advocate General Punjab (1976‐78). In 1993, he was elected as Vice President of the Supreme Court Bar Association of Pakistan. He was elevated as Judge of Lahore High Court in 1994 and retired in 1997. He was appointed as Chairman Drug Court for Punjab (1997); Chairman Commercial Court for Punjab & KPK (1999); Judge of Special Court (Offences in Banks) Lahore (2000‐03); Chairman Redressal Committee on Chashma Right Bank Canal Affectees (2004), Constituted by Asian Development Bank & Govt. of Pakistan.

Justice (R) Rana Bhagwandas

He was born on December 20th, 1942 at District Larkana. He obtained degree in Law and Masters in Islamic Studies from the University of Karachi. Joined legal profession at Larkana in 1965 and was selected as Civil Judge and First Class Magistrate in Provincial Judicial service by West Pakistan Public Service Commission in 1967. Did LL.M. from the Karachi University in 1983. Promoted as District and Sessions Judge in 1979 and served in different capacities throughout the Province. Appointed as Registrar Sindh High Court in March 1992. Judge in the Sindh High Court in June, 1994. Being senior judge in the High Court was elevated to the Supreme Court of Pakistan on Feb 4th, 2000. Being senior most of the judges, he was appointed as Acting Chief Justice of Pakistan in 2005 & 2006 during the absence of Chief Justice Iftikhar Mohammed Chaudhry from the country. During the pendency of a Presidential Reference against Chief Justice Iftikhar Mohammed Chaudhry, served as Acting Chief Justice of Pakistan and ceased to remain on the Bench upon promulgation of Declaration of Emergency and Provisional Constitutional Order on November 3rd, 2007 He stood retired on attaining the age of superannuation in December, 2007.

Annual Report, LJCP Ms. Anis Haroon

Chairperson, National Commission of the Status of Women

Ms. Anis Haroon was born on 19th August 1947. She did her Bachelors in Arts from Sindh University in 1965, obtained Masters Degree in International relations from Karachi University in 1967 and LL.B degree from Karachi University in 1967. She has remained Assistant Editor, Akhbar‐e‐Khawateen (1970‐77). She was selected by UN to attend International Family Planning Conference in Bucharest, Romania 1974; represented Pakistan RCD Journalist Conference in Ankara 1976; appointed as Reporter/Feature writer “The Leader” Karachi (1978‐79); remained Free Lance journalist in various newspapers and magazines (1979‐todate); appointed as Coordinator Women’s Legal Rights Programme, Aurat Foundation (1989‐90); Coordinator Sindh‐ ASP Programme for Beijing Conference and follow‐up 1993‐95; Joined Aurat Foundation as Resident Director. (Played a key role in providing relief to the victims of violence. Especially saving lives of women who were threatened to be killed under Karo‐Kari, (Shiasta Almani & Several others). She was Selected and nominated by PWAG a Swedish Group as part of the “1000 women for Nobel Peace Prize” 2005. She has represented Pakistan at various forums including: South Asian Conference in Bangkok (1990); Women’s Rights Training Programme for Labour Education (1990‐onwards); Women’s Conference in Manila (1993); Delhi First people to people dialogue in Delhi (1994); South Africa invited to talk about women and politics (1998); Women Waging Conference in Boston, USA December (1999 and 2000) and represented Women’s Action Forum in World Conference on Women, in Beijing 1995. She has remained Founder Member/Member of various associations which includes: Founder Member of Women’s Action Forum (1981); Founder Member of Human Rights Commission Pakistan (1986); Member South Asia Partnership Board (1990); Member ASR Board (1992‐98); Founder Member of Pak‐India People Forum (1994); Secretary General SAP Int. Board (1995‐96); Consultant and Member National Committee of Aurat Foundation on ‘Legislative Watch’ and ‘Political Education’ (1996‐ 97); Board Member and President Aurat Foundation (1994‐2001); Member of Pakistan Women Lawyers Association; Member of Pakistan Association for Mental Health and Secretary General, Pakistan Chapter for Pak‐India Peoples Forum for Peace and Democracy. Ms Anis Haroon is also an author of publication on real life stories of violence affected women titled “Dard‐Ke‐Rishty” Published in 2000.

Annual Report, LJCP Amir‐ul‐Mulk Mengal

Mr. Justice (Retd) Amir‐ul‐Mulk Mengal was born on 3rd April 1945. He obtained L.L.B Degree from Islamia Law College Karachi, did Masters in Political Science from University of Karachi and achieved Honorary PhD. in Law‐ by University of Balochistan. He practiced in Law at Quetta from 1967‐72 in lower courts and in High Court from 1972‐85. He was elected as President of Balochistan Bar Association in 1985. He was appointed as Additional Judge of Balochistan in 1986. In 1989, he was elevated as Judge Balochistan High Court. He was appointed as Member Election Commission of Pakistan in 1990 and Advocate General Balochistan in 1995. He was enrolled as Senior Advocate Supreme Court in 1990. He has remained Chief Justice of Balochistan from 1996‐1999. Mr. Justice (Retd) Amir‐ul‐Mulk Mengal was appointed as Governor of Balochistan from 1999‐2003 (February). He has also held some very important posts such as Chairman Zakat Council Balochistan and Chairman Balochistan Service Tribunal. He is author of Dastoor‐ul‐Amal, Diwani Kalat, written Short Stories which were published in ULUS Magazine, Writer of 2 poetry books in Brahvi. He received Hilal‐e‐Imtiaz (Civil) on 23rd March, 2008.

Annual Report, LJCP

AITZAZ AHSAN

Barrister‐at‐Law Senior Advocate Supreme Court Former President Supreme Court Bar Association Honorary Fellow Downing College, Cambridge

Mr. Aitzaz Ahsan attained his Cambridge School Certificate (1961) and Cambridge Higher School Certificate (1963) from Aitchison College, Lahore. He graduated from Government College, Lahore in 1965, did Masters in Law Tripos from Downing College Cambridge and the same year he was called to the Bar as Barrister‐at‐Law, Grays’ Inn, London. In 1970 he appeared in the Central Superior Services examination in United Pakistan and topped, he was offered service in CSP cadre but declined to join the service. Mr. Ahsan has remained Member, Provincial Assembly of the Punjab (1976‐1977); Member, Punjab Bar Council (1980 ‐1985); Member, Pakistan Bar Council. (1985‐1990); Vice‐President Human Rights Commission of Pakistan (1986‐1989); Member, National Assembly of Pakistan (1988‐1993); Member, Senate of Pakistan (1994‐ 1999); Leader of the House in the Senate (1996‐1997); Leader of the Opposition in the Senate (1997‐1999); Member National Assembly [PPP‐P] (2002‐ 2007); Member Law, Justice and Foreign Affairs Committees of the National Assembly; President Supreme Court Bar Association (2007‐ 2008). He also held important administrative and political appointments such as; in the Government of Punjab (1976‐1977) he was given the portfolios of Minister for Information, Minister for Planning and Development, and Minister for Culture and Tourism, moreover, he was appointed as Federal Minister for Law and Justice; Federal Minister for Interior and Narcotics Control and Federal Minister for Education (1988‐ 1990 & 1993). Mr. Aitzaz Ahsan represented Pakistan in the UN General Assembly: (1994); elected as Vice Chair: Forum of Democratic Leaders of the Asia‐Pacific Region (1994‐1999). He is author of various books including “The INDUS SAGA and the Making of Pakistan” Oxford University Press: (1996); Indian edition: “The Indus Saga: From Pataliputra to Partition” published by Rolibooks, India (2005); “SINDH SAGAR Aur Qyam‐e‐Pakistan” (1999); “DIVIDED BY DEMOCRACY”: co‐ authored with Lord Meghnad Desai (2005). He is one of the leading constitutional, commercial, corporate and human rights attorneys of

Annual Report, LJCP Pakistan. Mr. Aitzaz Ahsan’s contribution to human rights and democracy has been widely recognised. He has received many distinctions and awards during his career some of which include: Honorary Fellowship of Downing College Cambridge. (2008) in honour of his achievements and his contribution to advancing the rule of law, democracy and human rights in Pakistan.; The Asian Human Rights Defender Award by the Hong Kong‐based Asian Human Rights Commission (AHRC), 2007; The Annual Award for Distinction in International Law and Affairs presented to Aitzaz Ahsan in asbentia (given his illegal and unlawful detention), as more than 5,000 lawyers gathered for the annual meeting of the New York State Bar Association (NYSBA) 2008; listed amongst the top 100 public intellectuals of the world by the Foreign Policy Magazine published by the Carnegie Endowment for International Peace; The Defender of Democracy Award given by the Middle East Institute, Washington DC, 2008; The Defender of Democracy Award given in October 2009 by the Parliamentarians for Global Action in Washington DC; The Bridgemaker Award (along with President Barak Obama) given on August 14, 2009 from the 14th August Committee Norway, in Oslo; The ‘2009 Defender of Democracy’ Award given by the Parliamentarians for Global Action in Congress Building Washington DC on October 20, 2009. As the Leader of the Lawyers’ Movement he led and sustained for two years (2007 to 2009) a hugely popular, non‐violent, peaceful, plural, and democratic movement for moderate values and rule of law culminating in the restoration of democracy, ouster of the military dictator and the reinstatement of the independent judiciary in Pakistan. His now famous poem, Kal Aaj Aur Kal inspired crowds during the Lawyers’ Movement.

Qazi Muhammad Jamil

Senior Advocate Supreme Court of Pakistan

Mr. Qazi Muhammad Jamil is a Senior Advocate of Supreme Court of Pakistan was born in Abbotabad. He obtained his LL.B degree from University of Peshawar and LL.M degree from London School of Economics, University of Landon. He was elected as president High Court Bar Association Peshawar, President Supreme Court Bar Association, Member NWFP Bar Council and Pakistan Bar Council. He was appointed as Additional Judge of Peshawar High Court in 1988‐90 and Attorney General for Pakistan in 1993‐96. He has remained visiting professor of law in Unversity Law College, Lahore and Khyber Law College, University of Peshawar.

Annual Report, LJCP Habib‐ur‐Rehman Shaikh Secretary, Law & Justice Commission of Pakistan/ National Judicial (Policy Making) Committee

Mr. Habib‐ur‐ Rehman Shaikh obtained LL.B, LL.M and Masters in Islamic Studies degrees from Karachi University. He did M.Phil in Islamic and Western Law in 1991. He has remained Member High Court Bar Association, Karachi; Member National Curriculum Review Committee of Higher Education Commission; Member National Council for Homeopathy and Member Investment Committee Access to Justice Development Fund (AJDF). He has attended several training courses within and outside Pakistan. Mr. Habib‐ur‐ Rehman Shaikh has twenty six years vast experience in legal and other fields which includes legal research, legal drafting, administration, formulation of National Judicial Policy, supervision and management of Access to Justice Development Fund etc.

Dr. Faqir Hussain

Secretary, Law & Justice Commission of Pakistan Retired on 29‐1‐2011

He obtained LL.B and M.A (Political Science) degrees from the University of Peshawar, Studied for LL.M at the School of Oriental & African Studies, University of London, completed Ph.D in Constitutional Law from the University of Peshawar and Post Doctoral Fellowships at the School of Oriental & African Studies, University of London.

Dr. Faqir Hussain is the author of two books, namely, (1) Personal Liberty and the Law of Preventive Detention in Pakistan and (2) Electoral Reforms in Pakistan. He has contributed Chapters to various other books published inland/abroad. He has also prepared 10 reports national/ international conferences/workshops and has traveled extensively within the country and abroad. Dr. Faqir Hussain has remained Secretary, LJCP/NJPMC till March 2011.

Annual Report, LJCP 3. National Judicial Policy Making Committee (NJPMC)

The National Judicial (Policy Making) Committee is constituted under an Ordinance (LXXI) of 2002. The Chief Justice of Pakistan is the Chairman of the Committee and the Chief Justice, Federal Shariat Court and Chief Justices of High Courts are its members. The Secretary, Law and Justice Commission of Pakistan is designated as the Secretary to the Committee. The National Judicial (Policy Making) Committee is required to coordinate and harmonize judicial policy within the court system, and in coordination with the Law & Justice Commission of Pakistan, ensure its implementation. The Committee performs the following functions:

a. Improving the capacity and performance of the administration of justice; b. Setting performance standards for judicial officers and persons associated with performance of judicial and quasi judicial functions; c. Improvement in the terms and conditions of service of judicial officers and court staff, to ensure skilled and efficient judiciary; d. 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 further empowered to constitute Sub‐committees consisting of its one or more members, as it deems fit, and may assign to them any matter relevant to the functions of the Committee.

3.1 Secretariat and Finances

The Law and Justice Commission of Pakistan provides secretarial services and funds to the Committee for discharge of its functions under the Ordinance.

3.2 National Judicial Policy 2009

The Historical Movement for restoration of independent‐minded judges, supremacy of the Constitution and rule of law had heightened the

Annual Report, LJCP expectations of people from the courts to restore their rights and ensure good governance. To meet the expectations of public in general and ensure independence of judiciary, improve the service delivery component of justice sector institutions in particular, the National Judicial Policy was launched from 1st June 2009 which is a major initiative of the National Judicial Policy Making Committee (NJPMC), a statutory body responsible for formulation of policy for judiciary. It is headed by the Chief Justice of Pakistan and Chief Justice, Federal Shariat Court and Chief Justices of High Courts are its members. NJPMC is mandated to coordinate and harmonize judicial policy within the court system and ensure its implementation.

The initial draft of the National Judicial Policy was prepared by the Secretariat of LJCP, which was meticulously considered at different fora. After thorough consultations with stakeholders, the Policy was approved and became effective from 1st June, 2009. The Policy provides strategies aimed at clearance of backlog, quick disposal of cases and inexpensive dispensation of justice. The formulation of Policy is a remarkable achievement on the part of NJPMC in the judicial history of Pakistan.

The major thrust of the Policy is on early disposal of pending cases in the superior courts as well as in district courts all over the country. The courts performed well and by and large achieved the targets set for disposal of cases. After enforcement of Judicial Policy, the Supreme Court, Federal Shariat Court, all High Courts and District Judiciary decided total 5,431,067 cases. During this period 5,050,589 new cases were instituted meaning thereby that the disposal figure is 380,478 higher than the institution, which is an outstanding achievement. The figure of disposal is encouraging and shows the confidence of people in the judiciary to resolve their cases and ensure protection of their rights which is a good omen for the nation. On the other hand, the significant performance of courts has strengthened the perception of general public about the rule of law in the country. The Policy proved a tool to sensitize the people regarding their rights. However, deficiency if any was on account of cogent reasons beyond the control of courts.

Besides, in the Policy certain measures are suggested to strengthen the role of judicial institution and to keep its independence secure and intact. It was decided that no Chief Justice or judge of the Superior Court should

Annual Report, LJCP be appointed as an Acting Governor of a Province. That the serving judges should not be posted against the executive posts on deputation basis in Federal and Provincial Government Departments. That all the special courts under the administrative control of Executive must be placed under the control and supervision of the judiciary and their appointments and postings should be made on the recommendation of the Chief Justice of the concerned High Court. It was further decided that the Judiciary should avoid involvement in the conduct of elections, so that Judges may concentrate on their professional duties and avoid contacts with political elements and maintain a clean and impartial image of the judiciary.

The National Judicial (Policy Making) Committee held a number of meetings in 2009‐2011 wherein the performance of courts was reviewed and decisions were made to enhance the effectiveness/scope of the Policy for achieving its goals/targets.

Salient Features of the Policy

Independence of Judiciary

• No Chief Justice or a Judge of the Superior Court would accept appointment as Acting Governor of the Province. • No retired judge of the superior court shall accept an appointment which is lower to his status or dignity. • Appoint judicial officers through High Courts. • Posting of serving judges against executive post on deputation be discontinued. • All special courts/tribunals must be placed under the control of judiciary. • The judiciary should avoid its involvement in the process of elections.

Misconduct

• The Judges of the superior courts should follow the Code of Conduct and take all necessary steps to decide cases within

Annual Report, LJCP the shortest possible time as provided by Article X of the Code of Conduct.

• The Chief Justice of the High Court may report cases of violation of Code of Conduct including indications of unusual delays/inefficient performance to the Chairman, Supreme Judicial Council for action.

Eradication of Corruption

• Zero tolerance for all type of corruption in judiciary.

• Improvement in the mechanism of initiation of disciplinary action against corrupt and inefficient judicial officers/court staff.

• Establishment of cells for eradication of corruption in the High Courts.

• Periodical & surprise inspections of the courts and prisons by the judges of the High Courts.

• Disciplinary actions against judicial officers/court staff having persistent reputation of being corrupt or have their life style beyond means of income.

• Reporting cases of dishonesty, negligence & inefficiency of police officers to the Police Complaint Authorities / District Public Safety Commission for action against the delinquents.

Measures for Expeditious Disposal of Cases

• Ensure production of under trial prisoners before the Court for grant of remand/ trial. • Provision of Legal Aid to the poor accused persons through Legal Aid Committees of the Bar Councils. • Discouragement of false and frivolous litigation by taking action under the relevant laws.

Annual Report, LJCP • Make use of Probation & Parole Laws to extend benefit to deserving convicts and lessen the load on jails. • Recording of evidence through appointment of Commissions in civil cases. • Adoption of equitable consistent and coherent policy for sending judges to permanent and circuit benches. • Bifurcation of civil & criminal functions of the Court. • Filling of vacant posts of judicial officers & judges. • Capacity building of judges & Para legal staff. • Improvement of infrastructure like construction of court rooms and provision of necessary amenities for lawyers/ litigant parties. • Construction of new jails at district level to address the issue of overcrowding. • Provision of medical facilities to jail inmates. • Non detention of condemned prisoners in death cells till final decision on their appeals. • Make use of IT & Networking at all level of judicial hierarchy. • Installation of video conferencing facility between the courts & jails and introduction of other modern techniques in the court proceedings. • Uniform salaries.

Achievements of the Policy

• 5431067 cases have been decided by the Courts during the period from 1st June, 2009 to 30th April, 2011.

• The District Judiciary of Balochistan has decided 98 % old & 87 % of new cases just in first 8 months of enforcement of Policy.

Annual Report, LJCP • District Judiciary of other Provinces have decided more than 70 % cases both old & new.

• 160 judicial officers have been repatriated from other departments.

• New posts of Civil Judges, AD& SJs have been created to cope with the backlog of cases.

• In hundreds of cases advocates were appointed to provide free legal aid to the deserving poor litigants.

• More than seventy‐one thousand cases were referred to the Commission for recording of evidence.

• In more than 15927 cases action have been taken against the complainants for false and frivolous litigation.

• About 41868 accused persons have been released on probation under the Probation of Offenders Ordinance, 1960.

• Complete bifurcation of civil & criminal courts in the Balochistan province and partial bifurcation in other provinces.

• Improvement in the court infrastructure like additional court rooms and provision of necessary amenities for litigants / lawyers.

• Trainings for judges are organized.

• Judicial lock‐ups have been constructed in court premises.

• Performance of process serving agencies boasted by up‐ gradation, increase in salary and provision of funds & motor cycles to the process servers.

Annual Report, LJCP 4. Access to Justice Development Fund (AJDF)

The Government of Pakistan has established a statutory endowment “Access to Justice Development Fund (AJDF)” with a view to address the issue of chronic budgetary constraints facing the judicial and legal sectors in Pakistan. AJDF is a demand‐driven expenditure characterized by a unique funding mechanism to sustain and deepen reforms in the justice sector and strengthen the professional functionality of the courts and its service delivery component and legal empowerment. The principal amount of Rs. 1421 million is meant for investment in the Government‐ approved investment schemes to generate income to meet the purposes of the AJDF. The remaining amount of Rs. 58 million was for disbursement to operationalize the various windows of the fund.

Access to Justice Development Fund’s current status is Rs.2072 million, where as total allocation for the Provincial Judicial Development Fund is Rs.246 million. The amount actually paid/disbursed to four Provincial Courts is Rs.178 million and remaining grant amounted to Rs. 68 million is available for future disbursement with Provincial Judicial Development Fund’s account as on December 31, 2009.

Legal Empowerment Fund window’s share is 13.5% out of which 70% is allocated to NGO’s, scholars, researchers and other research organizations through proposal submission to uplift the judicial system across the country especially where people do not have access to justice. Remaining 30% out of Legal Empowerment Fund is allocated to District Legal Empowerment Committees. The total amount allocated/approved for Legal Empowerment Fund window for four phases was Rs. 41 million for financial years 2005 to 2010. The total amount paid/disbursed to this window till date is Rs 16 million and remaining balance with Legal Empowerment Fund window is Rs.40 million as on December 31, 2009.

4.1 AJDF Governance Structure

The AJDF is located with the Law and Justice Commission of Pakistan (LJCP), which provides secretariat support to AJDF. LJCP has constituted a Governing Body with a mandate to manage and administer the Fund. The GB is headed by the Chief Justice of Pakistan. The GB comprises of the

Annual Report, LJCP Chief Justices of the four Provincial High Courts, the Secretary, Ministry of Finance, the Secretary, Ministry of Law and Justice and the Secretary, LJCP, as members. The GB approves areas and projects requiring funding.

In addition to GB providing overseeing and policy guidance functions, the Technical Evaluation Committee (TEC) ensures sound technical evaluation of the project proposals received by the LJCP from various stakeholders of the justice sector. Besides the Secretary, LJCP, TEC comprises of stakeholders from the public and private sectors as well as from the civil society, representing special interests to strengthen the quality of its recommendations and outputs. TEC has the responsibility for examining, reviewing and evaluating project proposal besides proposing modifications to the policies, objects of financing and rules of access for the funding windows.

4.2 AJDF Operational Framework

AJDF comprises of seven windows to support/fund activities/projects in the areas of legal/judicial research, legal empowerment, judicial training, institutional development of subordinate courts and promoting innovations in legal education. LJCP has drawn up operational guidelines to facilitate the implementation of projects.

4.3 Management of the Fund

LJCP has the overall responsibility for AJDF, its undertakings, properties and assets, which are administered and managed by the Governing Body (GB) of AJDF. To perform regular supervisory functions in terms of financial allocations, LJCP has formed Governing Body and appointed other staff assigned to maintain all AJDF records including books of account, cashbooks, ledgers, assets and liabilities, the seal of the Fund, the cheque books, investments, expenditures, audit and other AJDF records. The accounts are maintained in accordance with the manner and form prescribed by the Auditor General of Pakistan.

Annual Report, LJCP 5. Commission’s Secretariat

The Secretariat of the Commission is established under Section 5 of the Law & Justice Commission of Pakistan Ordinance, 1979. 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, three Joint Secretaries, four Deputy Secretaries, MIS Manager, five Research Officers and other supporting staff. Given below in the organizational chart.

Secretary

Joint Secretary I Joint Secretary II Joint Secretary III

Deputy Secretary I MIS Manager Deputy Secretary II Deputy Secretary III Deputy Secretary IV

Research Research Research Officer Fund Officer III Research Officer IV Research Officer II Officer I Computer Programmer I S. O.

Admin S. O. Supdt. Res. & Ref. S. O. Law Fund Computer Programmer II A A O

Supdt. Admin Computer Operator

Admin Section Librarian

Library

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 created to strengthen the capacity of the Commission.

Annual Report, LJCP 6. Activities of Law and Justice Commission of Pakistan

6.1 Sub‐Committee of LJCP

The Hon’ble Chairman of Law and Justice Commission of Pakistan (LJCP) constituted a four members Committee headed by Mr. Justice (R) Rana Bhagwandas as chairman and Mr. Justice (R) Amir‐ul‐Mulk Mengal Former Chief Justice High Court of Balochistan, Barrister Aitzaz Ahsan, Advocate Supreme Court of Pakistan and Mr. Qazi Muhammad Jamil, Advocate Supreme Court of Pakistan as members, with the mandate to scrutinize the draft working papers prepared by the Secretariat, LJCP before submitting to the Commission.

6.2 Meetings of Sub‐committee

Meetings of the Sub‐committee were held on 19th June, 2010 and 3rd July 2010; chaired by Mr. Justice (R) Rana Bhagwandas and attended by Mr. Justice (R) Amir‐ul‐Mulk Mengal and Mr. Qazi Muhammad Jamil. Following working papers were placed before the Committee:‐

1. The Criminal Law (Amendment) Bill, 2009 2. Law Reform paper for Amendment in the Pakistan Penal Code, 1860 3. Method of Execution of death sentence 4. Amendment in Section 5 of the criminal Law Amendment Act, 1958 5. Corruption and Corrupt practices in Public Service 6. Blasphemy Law 7. Amendment in Section 3 of the LJCP Ordinance, 1979. 8. Fixation of uniform age limit for attaining majority. 9. Amendment in Rule 5 of Order XLI Civil Procedure Code 1908 10. Omission of section 3 of the Law Reforms Ordinance, 1972 11. Amendment in the Law and Justice Commission Ordinance 1979

Annual Report, LJCP 12. Amendment to Declare Smoking in Public Vehicle as cognizable offence 13. Repeal of Elephant’s Preservation Act, 1879 14. Omission of section 11 of the Civil Courts Ordinance, 1962 15. Amendment of Article 79 of Qanun‐e‐Shahdat Order, 1984 16. Amendment in section 20 of the Code of Civil Procedure, 1908 17. Amendment in section 4 of Muslim Family Laws Ordinance 18. Amendment in Section 129 of the Income Tax Ordinance, 2001 19. Amendment in Section 110 of the Railways Act 1890 20. Amendment in the Schedule under section 2(1) (a) of the Extradition Act, 1972 21. Amendment in Rule 21 Order VII and Rule 12 Order VIII of the Code of Civil Procedure, 1908 22. Amendment in Cigarettes (Printing of Warning) Ordinance, 1979 23. Amendment in the Evacuee Trust Properties (Management and Disposal) Act, 1975. 24. Amendment in Section 27‐A of Stamp Act 1899. 25. Amendment in the Pre‐emption Law. 26. Deletion of sub‐section (2) of Section 12 of the Code of Civil Procedure, 1908. 27. Amendments in the Payment of Wages Act, 1936. 28. Amendments in Financial Institutions (Recovery of Finances) Ordinance 2001. 29. Amendments in Article 16 of the Qanun‐e‐Shahadat Order, 1984. 30. Amendment in the Cantonments Pure Food Act, 1966

Annual Report, LJCP The Committee, after exhaustive deliberations, approved fourteen law reform proposals for placement before the Law & Justice Commission of Pakistan.

6.3 Juvenile Justice Reforms Project

Law and Justice Commission of Pakistan and UNICEF are closely working on child rights issues, especially on Juvenile Justice Reforms. The Law and Justice Commission of Pakistan has conducted the first review of the JJSO and drafted recommendations for revision in the JJSO. In order to carry the task forward, Juvenile Justice Working Group, as approved by the Honorable Chief Justice of Pakistan, has been established under the chairmanship of Secretary, LJCP. The first meeting of Juvenile Justice Working Group commissioned under the Juvenile Justice Project was held in December 2009 wherein three working groups with particular mandates were formed. First meeting of Sub‐group‐B (Legislative Reform) was convened under the chairmanship of CH. Hassan Nawaz, Former D.G., Federal Judicial Academy on 31.5.2010. Subsequently, a meeting of focal persons/heads of sub‐groups A (Diversion) and C (Rehabilitation) was convened on 30th September 2010 with an aim to come together for constituting a technical committee, which will be able to give recommendation as per the task of JJWG.

In December 2010, UNICEF organized a training workshop to introduce and promote Diversion of Juveniles in conflict with the law by utilizing the available legislative provisions under the criminal justice system. The training manuals for the said workshop were developed and published with the assistance of Law and Justice Commission of Pakistan. Mr. Nasrullah Khan, Deputy Secretary, LJCP, who is the focal person for the Juvenile Justice Working Group activities, attended the said Training Workshop.

6.4 Publication of Reports

The Commission has to publish not only its annual and special reports but the reports of the Conferences and reports on Judicial Statistics which contain judicial data of the superior courts and report on Administrative Tribunals as mandated under the functions of the National Judicial (Policy

Annual Report, LJCP Making) Committee. During the period the following reports have been published.

1. Annual Report of Law and Justice Commission for the year 2007‐2009. 2. Special Report of the Commission for the year 2009. 3. Judicial Statistics of Pakistan for the year 2009 4. Report on Administrative Tribunals for the year 2009. 5. Report of the 1st Conference on Implementation of the National Judicial Policy 2009. 6. Report on National Judicial Conference 2010.

Annual Report, LJCP 7. Activities of the National Judicial (policy Making) Committee

7.1 Meetings of NJPMC

Hon’ble Chief Justice of Pakistan/Chairman NJPMC chairing the meeting of NJPMC

In 2010, various meetings of the National Judicial (Policy Making) Committee were held under the chairmanship of Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan /Chairman, NJPMC. The objective of holding these meetings was to review the performance of superior as well as district judiciary in the backdrop of National Judicial Policy. The Hon’ble Chief Justice of Pakistan stressed upon the judicial officers to make all efforts to provide expeditious and affordable justice to all segment of society particularly to the poor and downtrodden section of the society. The Hon’ble Chief Justice asked the Chief Justices of Provincial High Courts to take stock of the situation and ensure effective implementation of the policy to enhance the confidence of people in judiciary as they have wide expectations from the Courts to

Annual Report, LJCP redress their grievances and ensure protection of their rights. Following important decisions were taken in these meetings:‐

Meeting of National Judicial (Policy Making) Committee

I. Pendency of Service Matters in the High Courts

The Committee also discussed the pendency of Service Matters in the High Courts and resolved that special Benches be constituted to decide the pending appeals on priority. The Committee also discussed the issue of non‐execution of the decisions of Federal / Provincial Service Tribunals on account of which the employees have to approach the High Courts for implementation through writ petitions. The Committee was informed that, the Government of NWFP has amended the NWFP Service Tribunal Statute and empowered the Service Tribunal to execute its decisions. The Committee recommended that the Federal and other Provincial Governments may also make such amendments in their relevant laws to facilitate the civil servants pursuing their cases before High Courts through invoking Constitutional Jurisdiction.

II. Establishment of Administrative Tribunals/ Courts to settle the claims arising from Tortious acts of Government or any person in the service of Pakistan

The Committee recommended that the Federal Government should establish Administrative Tribunals/ Courts as provided under Article 212 (b) of the Constitution of the Islamic Republic of Pakistan 1973 to settle the claims arising from Tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant.

Annual Report, LJCP III. Probation, Parole Laws and Undertrial Prisoners

The Committee appreciated the role of courts to extend the benefit of full probation to deserving under trail prisoners, whereby releasing large number of under trial prisoners of good conduct on probation it also stressed upon the Provincial Government to make full use of the parole law so that good conduct prisoners who are not involved in serious crimes like murder, terrorism etc can be released under the relevant law. The Committee appreciated the efforts of provincial government of NWFP, and Balochistan for making amendments in the Prisons Rules whereby a prisoner convicted for a term exceeding five years shall be allowed to keep with him his spouse inside the Jail premises.

IV. Jail Reforms The Chairman directed the Registrars to obtain complete details from the Inspector General of Police and plan for the quick disposal of cases to address the over crowding in Jails. The Committee stressed upon the Provincial Governments to improve the living conditions in the Jails and provide necessary facilities to the inmates according to the Jail Manual.

V. Recording of evidence through appointment of Commission The Committee appreciated the efforts of Lahore High Court and District Judiciary of the Punjab for disposal of large number of cases adopting the practice of recording of evidence through appointments of Commission as provided in the National Judicial Policy 2009. The Chairman asked the Chief Justices of the other Provincial High Courts that they must also issue such instructions to the district judiciary for recording of evidence through appointment of Commission with the consent of parties. The Committee enunciated the following procedure for appointment of local commission:‐

i) the appointment of Commission should be streamlined and in each district a list of lawyers should be maintained for appointment as a Commission in consultation with the representatives of Bar. The Commission should be appointed out of agreed list/panel in rotation, ensuring that there is no favoritism/nepotism and no repetition of names as favour to some.

Annual Report, LJCP ii) the appointment for Commission should be made on merit by considering the qualification and standing at Bar. iii) the Commission should be appointed with free consent of the parties. iv) the Commission should record evidence in the court room in physical presence/control of the judicial official. v) on closure of proceedings, the Presiding Officer should give a certificate to the effect that the evidence was recorded by the Commission in his physical presence. vi) to narrow down the controversies in civil cases the Presiding Officer should ascertain from each party whether he admits or denies such allegation of facts as are made in the plaint or in written statement, if any. The issues be narrowed down to the essential ones. This practice will help the court to restrict its proceeding to the actual controversies. vii) if the work load is manageable then the recording of evidence through Commission should be avoided and the judicial officer should record evidence under his hand

VI. Status of Automation of Justice Sector Institutions

The Committee reviewed the performance of the Sub‐committee constituted under the Chairmanship of Mr. Justice Rehmat Hussain Jaffrey, Judge Supreme Court of Pakistan to chalk out the automation plan for justice sector institutions. During the meeting the Chairman of the Sub‐committee informed that a series of meetings was held with the representatives of Superior Courts and firms dealing in automation. After deliberation the Committee resolved that the proposal for establishment of video conferencing system between the Superior Courts is beneficial and effective as the Hon’ble Members can frequently interact with each other by saving traveling expenses and time.

VII. Implementation of Small Claims and Minor Offences Courts Ordinance 2002.

The Committee asked the High Courts to designate Civil Judges cum‐ judicial Magistrates to try cases under the Small Claims and Minor

Annual Report, LJCP Offences . After having gone through the reports of the High Courts, the Committee observed that the provisions of said Ordinance are not fully implemented owing to lack of knowledge and proper training of judges. Accordingly, a Committee of Judges of the High Courts under the chairmanship of Mr. Justice Tassaduq Hussain Jillani, Judge, Supreme Court was constituted to impart training to the judges on ADR. It was further informed that under Section 41 of the said Ordinance the High Courts are required to frame rules to regulate the procedure of the Courts but despite lapse of considerable time no rules have been formulated. The Committee resolved that the panels of mediators be prepared and the public may be sensitized to bring their cases for quick resolution by these courts through mediation and summary procedure as prescribed in the Ordinance. The High Courts were asked to hold periodic workshops for training of judges to create better understanding about mechanism provided under the Ordinance and its effectiveness in resolution of minor offences and disputes.

VIII. Computerization of Revenue Record

The Committee examined the reports of the Governments of the Punjab and Khyber Pukhtoonkhwa about the steps taken by their respective Governments for computerization of revenue record, eradication of corruption and streamlining the functioning of the Revenue Department. The Committee appreciated the efforts of the Governments of the Punjab and Khyber Pukhtoonkhwa and resolved that the other Provinces be asked to take steps for computerization of record. The Committee further observed that as in most of the civil cases the cause of action relates to wrong entries in the Record of Rights; therefore, if the same is computerized the litigation regarding land dispute will be decreased considerably.

IX. Complaints against Judicial Officers/Court Staff, etc.

The Chief Justices of the High Courts briefed the meeting about the actions taken on the complaints of corruption against judicial officers and the court staff. The Committee showed its satisfaction on the state of affairs and reiterated its resolve to show zero‐tolerance for corruption in the justice sector.

Annual Report, LJCP X. Reports on Jail Reforms.

The Committee examined the pathetic conditions in jails and observed that in Pakistan most of the jails are overcrowded, have old dilapidated structure and prisoners are confined in a very unhygienic condition. The Committee also observed that the food and other facilities which are being provided to jail inmates are not in accordance with the Jail Manual. The Committee after perusing the reports on jail visits by the Chief Justices of the High Courts and District and Sessions Judges resolved that the food items which are being provided to prison inmates must be improved and good hygienic atmosphere be ensured to avoid health hazards. In this regard, the Provincial Governments may be asked to improve the living conditions in the prisons and the prisoners should be provided with good quality food and clean drinking water along with other facilities as prescribed in the Jail Manual. It was further decided that the provincial I.G Prisons and Home Secretaries be called in the next meeting of the NJMPC for emphasizing the need to bring necessary reforms in jails for improving the living condition in Prisons. The Committee also took notice of increasing incidents of violence in prisons and stressed upon the Provincial Governments to strictly follow the Jail Manual and use of cell phones in the jail by the prisoners should be stopped.

XI. Frustration of Execution Proceedings through Miscellaneous Applications and Delay in execution Proceedings.

The Committee took serious note of the delays in execution proceedings and observed that the process of law is being abused in execution proceedings by lingering on the matter on one pretext or the other. The Committee resolved that since the execution proceedings also falls in the ambit of National Judicial Policy; therefore, such proceedings should be treated as a case and unless stayed by the Appellate Court should be finalized as expeditiously as possible to avoid frustration of decree passed by the trial court.

XII. Time Limit for Deciding Applications for Pre‐arrest Bail

The Committee clarified that under the Policy there is no time limit for deciding applications for pre‐arrest bails therefore the same should be

Annual Report, LJCP decided on merit within reasonable time. The Committee also observed that the guidelines given for disposal of stay application under the Policy is being misinterpreted and clarified that under the Policy if an interim stay is granted in any case then the same should be confirmed or otherwise within 15 days.

XIII. Legal Education

The Committee also took serious note of mushroom growth of Law Colleges in the country and deterioration in the standards of legal education. The Committee observed that the Supreme Court in its judgment in case titled Pakistan Bar Council versus Federation of Pakistan and others (PLD 2007 SC 394) had issued direction which are to be followed for improving the standards of Legal education and monitoring the affairs of Law Colleges. The meeting was further informed that a Committee under the then Chief Justice, Lahore High Court was constituted to examine the system of legal education, running of evening classes, de‐affiliation of substandard Law Colleges, review of syllabus. The Committee was asked to submit a comprehensive report for consideration of Law & Justice Commission of Pakistan. However, the report of the Committee is still awaited. After deliberations, the Committee observed that the Federal Government may be asked to follow the directions issued by the Supreme Court in case titled Bar Council versus Federation of Pakistan and others and stressed upon the need for reviewing the curriculum of Law Colleges to bring it in consistency with the present day requirements, making improvement in the quality of teaching faculty and de‐affiliation of substandard Law Colleges.

XIV. Resolutions/Proposals received from the Bar Councils and Members of the Bar Associations.

The Meeting examined the resolutions passed by various Bar Councils as well as communications received from Members of the Bars and observed that the National Judicial Policy aims at dispensing justice expeditiously by following the prescribed law and procedure. Cases must be decided on merits by hearing both the parties and no shortcuts should be adopted and no cases be decided merely on technicalities. It was decided that the Courts should ensure dispensations of justice and Justice be seen to have been dispensed through a fair and proper application of relevant procedure.

Annual Report, LJCP XV. Appointment of Judicial Officers as Revision Authorities for Annual Revision of Electoral Rolls, 2010.

The Committee considered the request of Secretary, Election Commission of Pakistan regarding appointment of judicial officers as Revising Authorities for annual revision of Electoral Rolls, 2010. The Committee observed that since in the National judicial Policy, 2009 it has specifically been mentioned that in future the judiciary would avoid its involvement in the conduct of elections, as it distracts the judicial officers from professional duty and complaints of corrupt practices tarnish the image of judiciary. The judicial officers need to be secluded from political influences. Moreover, as the Policy thrust is on the early disposal of cases and the judicial officers are already over burdened; therefore, in such circumstances the High Courts cannot afford to spare judicial officers to perform duties of Revising Authorities. After deliberation, the Committee resolved that regrets be conveyed to Election Commission of Pakistan.

XVI. Extension of Civil Courts Ordinance in certain areas of Balochistan.

The Committee also considered the proposal of extension of Civil Courts Ordinance to the areas including District Gawadar where Dastoor‐ul‐ Amal, Diwani Kalat is enforced. The Committee was informed that the Civil Courts Ordinance has already been extended to the certain districts by the High Court of Balochistan but the notification was withdrawn by the Provincial Government. The issue is currently sub‐judice, hence no further consideration of the matter is required at this stage.

XVII. Extension in Time Frame Given For Disposal of Old Cases up to 31‐12‐2010.

The Committee after having gone through the recommendations of thematic groups in the National Judicial Conference (16‐18 April 2009), feedback received by the Chief Justices of provincial High Courts and objective analysis/assessment of the Bar unanimously decided to extend the period of disposal of old cases by six months upto 31.12.2010. However, it was decided that all the old cases should be divided into three categories i.e. cases filed upto the year 2000 as oldest category, cases filed from 2001 to 2005 as older and cases filed from 2006 to 31st December 2008 as the old cases. The Committee resolved that henceforth old cases will be decided as per this categorization by prioritizing the oldest cases to be decided first.

Annual Report, LJCP 7.2 National Judicial Conference (16‐18 April 2010)

The National Judicial Conference 2010, was held to provide a platform to all the stakeholders of administration of justice to share their experiences and suggestions to clear the huge backlog in the courts and to ensure quick and affordable dispensation of justice to give relief to the litigants running from pillar to post for redressal of their grievances and restoration of rights. The Judges of Superior Courts, District Judiciary, Members of Bars, eminent Jurists, Academia, and members of Civil Society actively participated in this three‐day Conference. The Honorable Mr. Justice Iftikhar Muhammad Chauhdry, Chief Justice of Pakistan and Chairman NJPMC, inaugurated the Conference. Apart from the inaugural and concluding sessions, on 2nd day of the Conference, the participants were assembled in eight thematic groups headed by either Judges of the Supreme Court or Chief Justices of the High Courts. After discussion, each group formulated recommendations which were presented in the concluding session by the Chairperson of the respective group. The details of the groups were as under:‐

Group‐I ‐‐ Ways to Improve Implementation of the National Judicial Policy.

This Group was chaired by the Hon’ble Mr. Justice Ejaz Afzal Khan, Chief Justice, Peshawar High Court. Participants made presentations and afterwards they were invited to deliberate on the issues emerging out of the working papers and generally out of the implementation of the Policy.

Annual Report, LJCP

Chief Justice of Peshawar High Court Chairing Group‐I

Based on these deliberations the working group proposed the following recommendations:

1. Policy Awareness

It was observed that whilst core principles enunciated in the Policy were well articulated by most judicial sector stakeholders, knowledge and understanding of the Policy and its potential to achieve those core principles was neither universally adequate nor satisfactory. This has an immediate adverse effect upon the Policy’s effective implementation, in particular the perception of alienation and lack of ownership among stakeholders. Therefore it was recommended by the working group that:

a. The Policy and Codes of Conduct be made part of the formal curricula of stakeholder educational and training institutions

b. That the Policy be made available to the greatest possible number of people in the vernacular/local dialect;

Annual Report, LJCP c. Special steps be taken to make the most vulnerable litigants aware of the Policy, including women, children, illiterate and otherwise the handicapped and under‐trial prisoners;

d. Special efforts may be made for the continuing education and training of the Bar and the Bench with special reference to the Policy;

e. Committees comprising of the Bar and the Bench be established at the district levels to oversee Policy implementation;

f. Efforts be made to disseminate the Policy through the media and other institutional arrangements.

II. Resource Allocation

It was observed that existing resource allocations for Policy implementation were inadequate. In order to address this problem it was recommended that existing resource allocations be identified and shortcomings highlighted with a view to meeting the deficit. Some participants suggested that a minimum percentage of the GDP be allocated for the administration of justice. Other participants suggested that courtroom facilities, access to information technology, libraries and other facilities also be provided.

Many participants expressed grievance that strict performance standards have been laid down in the Policy with respect to disposal of old cases (i.e. those instituted before Dec 31st 2008) without making adequate resource allocation. The participants felt the performance standards were not likely to be met. Therefore it was recommended that the deadline in the Policy presently set at 31st May 2010 for disposal of old cases be extended to December 31st 2010 and that the definition of “old cases” be revisited.

III. Incentive Policy

In order to incentivise and encourage Policy implementation it was proposed that incentives be considered for the Bench and the Bar for achieving or exceeding set performance standards.

Annual Report, LJCP IV. Monitoring

It was proposed that Policy implementation should include not only the number of cases disposed of but also other matters, including the quality of decision‐making. It was, therefore, recommended that appellate/ revision courts appraise the decision making of the District Judiciary.

V. The Future Evolution of the Policy

The Policy established core principles are intended to be and in fact are intrinsically dynamic. Therefore, efforts will need to be made to ensure that these principles are continuously evolved to meet changing circumstances.

VI`. Miscellaneous Recommendations

The following miscellaneous recommendations were also made: a. Courts should be established to provide justice at the doorstep; b. Recording of evidence through local commission be stream lined; c. Information technology should be exploited to the maximum for case management, including service of process; d. Forensic Laboratories should be established at district levels; e. The Bar Councils should revisit the reluctance to take disciplinary action against lawyers; f. The distribution of cases loads should be properly managed; g. To establish an independent judiciary one needs to first define what an independent judiciary includes; h. Independence of the judiciary must include the assumption that a judge will be able to decide cases without any pressure or fear of another body or institution of the public or private sector i. The judiciary must also have financial independence; j. The Judiciary should have administrative independence; k. It was mentioned that there should be an increase in the pecuniary jurisdiction of the District Courts. This serves the

Annual Report, LJCP purpose of reducing the workload on the High Courts by shifting the workload from the High Court to the District Court; l. There ought to be monthly workshops at the District levels pertaining to Policy implementation; m. Litigants as judicial sector stakeholders should be given the opportunity to give their input on Policy implementation; n. There should be periodic courses/workshop/vocational training for the Bench and Bar o. Subordinate courts should be fully equipped. Many District Court judges did not have stenographers and are forced to write decisions themselves. This hinders efficient administration of justice, in particular the target of expeditious disposal of cases; p. The six‐month training period for trainee lawyers be increased to one year; and course on professional ethics to be introduced into the curriculum of law schools Group‐II‐‐ Alternate Dispute Resolution Group II was chaired by the Hon’ble Mr. Justice Tassaduq Hussain Jillani, Judge, Supreme Court of Pakistan.

Mr. Justice Tassaduq Hussain Jillani addressing the Working Group

Annual Report, LJCP Following recommendations were unanimously adopted:‐

a. There should be an ADR Centre on the pattern of Karachi Centre for Dispute Resolution in every Provincial Headquarter working under the auspices of the respective High Courts.

b. Training of trial court judges in ADR should be done by trained and accredited trainers.

c. ADR Committee in tax laws should be independent and any decision given by it should be given effect to by FBR and relevant laws may be amended accordingly.

d. A National Arbitration and Mediation Council should be created with rules in the manner provided by UNCITRAL.

e. Government and semi Government contracts should have a mandatory mediation and arbitration clause.

f. Mediation should include court assisted mediation where needed.

g. There is a need for an exclusive workshop on the subject of ADR.

h. In family matters judges should act as conciliators and should behave like family elders keeping both families’ interest in view.

i. A high profile committee be constituted for revisiting the ADR provisions in the taxing statutes with the purpose to make it more effective and more vibrant. j. The requisite rules, where ever required, be framed for giving effect to the provisions regarding ADR in the Law. k. A mechanism for pre‐trial conferences needs to be evolved so that the means of ADR are explored at the initial stage of a case.

Annual Report, LJCP l. Fresh suits and cases need to be examined at the institution stage with a view to determine eligibility for an ADR program including mediation, conciliation and arbitration.

m. There is need to create an awareness about the law relating to ‘Masalihat Anjuman’ at grass root level.

n. Technical disputes should be arbitrated by at least one expert in the panel.

o. Rules under Small Claims and Minor Offences Courts Ordinance should be framed by the High Courts of each Province to enable these courts to invoke the provisions of ADR properly.

Group‐III‐‐ Legal Education

Group III was chaired by the Hon’ble Mr. Justice Mian Shakirullah Jan, Judge, Supreme Court of Pakistan.

Mr. Justice Mian Shakirullah Jan Chairing Group ‐ III

Annual Report, LJCP Under his Chairmanship, the Group adopted following recommendations:‐

a) Legal education must be delivered and inculcated at the grassroots level. This means that there must be such education at the primary, intermediate, collegiate and professional level, using appropriate means for each level to spread awareness of fundamental rights of people and their corresponding obligations.

b) There should be a greater emphasis on clinical legal education, including but not limited to the use of case method, Mock trial, Moots, and other similar methods, to ensure that a fresh graduate is equipped with the right tools to enter the legal profession.

c) There must be adequate pre‐service and in‐service training for paralegal and court staff, as a lawyer or a judge cannot perform efficiently without adequate support from their respective staffs.

d) Although police officials receive some legal training during their training, it is observed that the Duty Officers and the Investigative Officers are often ignorant of the correct legal procedures, in filing of FIRs and investigating cases, thus resulting in acquittals. It is therefore recommended that better legal training should be imparted to them to enable them to better assist the court. Other relevant agencies should also take similar care for legal training of their staff.

e) In accordance with the provisions of the Constitution, the laws should be speedily translated into Urdu, and steps should be taken to ensure that legal education could be imparted to the students in the national language. For now both options of education in English and Urdu as mediums of instruction should be available.

f) The pre‐license training that a fresh graduate currently receives as an apprentice is generally viewed as unsatisfactory. Steps needs to be taken to effectively

Annual Report, LJCP monitor and enforce provisions to ensure that seniors allow the juniors to participate in litigation, so that they may gain practical knowledge of law. The system of apprenticeship needs to be effectively utilized and all the provisions in relation therein should be diligently followed. The senior counsel must also perform their duty in relation to their apprentices. g) At least the public sector Universities should make an effort to start law reviews and journals and proper steps should be taken in funding and supervising these projects to ensure that they gain the HEC Y Category as soon as possible. h) There must be continuing legal education for judges at the District judiciary level. For this purpose all the available in service training programs in various provinces and the federal area should be utilized. i) The judgment of the Supreme Court of Pakistan, in the Pakistan Bar Council v. Federation of Pakistan & Others, must be followed, and if the judgment is not being implemented, then the stakeholders must approach the Supreme Court for implementation and further instructions. The role of the HEC may be taken into consideration in any review process. j) There should be minimum entry requirements for law school, a set number of law school seats, and some minimum campus requirements for private law schools. Private and public law schools that do not fulfill the requirements set out in the Pakistan Legal Education Rules 1978 should be stripped of their affiliation or degree recognition status until they fulfill the requirements set out by the Pakistan Legal Education Rules 1978. There should also be a review of the Pakistan Legal Education Rules 1978 to ensure that quality of institutions is improved, impractical and defunct rules are removed, and thereafter, the rules should be strictly followed. k) The distant learning law programs currently being offered must be monitored more effectively to ensure the quality and relevance of such education to the Pakistani legal

Annual Report, LJCP system. There may be an accreditation system put in place to ensure that such graduates are conversant in Pakistani laws.

l) The process for grant of charter of the National University of Law & Social Sciences should be expedited with appropriate lessons of the past years taken in account and to ensure that the benefit of such an exercise are proportional to the costs.

m) The present regulatory structure of the HEC and Pakistan Bar Council overlap, with there being confusion at times of their respective areas of competence. It may be suggested that either the HEC should be entirely responsible for the graduate level legal education, or a separate regulatory body at the national level, National Council of Legal Education, should be formed, and represented by all the appropriate stakeholders to govern legal education on its own.

n) There must be greater supervision of colleges and faculties to ensure that proper numbers of fulltime and part time staff are given. Fulltime staff must go through periodic review and engage in research activities. There should also be monitoring by HEC of the output of fulltime law staff. Full time law teachers should also be adequately compensated and provided with a non‐practicing allowance to compensate them for forgoing their licenses to practice law.

o) Persons who have experience of procedural laws, such as retired judges, should teach those laws to ensure that competent people teach these subjects.

p) The National Judicial Policy should also reflect the concerns regarding the status of legal education in Pakistan, and should monitor progress of any steps taken in furtherance of the recommendations of this group.

Group‐IV‐‐ Use of Information Technology in Courts

This group was chaired by the Hon’ble Mr. Justice Sarmad Jalal Osmany, Chief Justice, High Court of Sindh .

Annual Report, LJCP

Chief Justice of High Court of Sindh amongst the Participants of Group ‐ IV

The House approved and made the following recommendations:‐

a. Case Management i.e. Cause Lists, Fixation of Cases in Courts, Development of Court Calendar etc. b. Process of Service to be made electronically to Parties/ Advocates /other by Courts via Email, SMS on mobile phones. c. Issuance of certified copies of Court Orders/Judgments i.e. when these are signed to be transmitted electronically to the copying branch, which would issue certified copies. d. Computerization of Court Record and Inventory Control Systems of Record Room. e. Record of pending cases to be maintained on a Central Database Server for each High Court and District Court. f. Electronic Filing (e‐filing) of Cases. Verification of antecedents of parties through NADRA. g. Online Complaint Registration on main website of each Court. h. Video Conferencing for hearing of cases initially in respect of Supreme Court and High Courts only. Thereafter, it could be

Annual Report, LJCP explored whether Criminal Trials could be conducted through this facility. i. Research facility through Information Technology e.g. e‐Library j. Online availability of judgments approved for reporting. k. Performance evaluation of District Courts through I.T. l. That a Judge in each High Court be nominated as a Reform Judge to improve automation through I.T. m. Sufficient funds be allocated for developing hardware/software, hiring I.T. professionals etc and training of judges/court staff etc. n. Amendments to be made in relevant laws in order to facilitate the above as well as any new possible legislation to be considered. o. Model e‐Court to be established in each High Court and one District Court. p. The Chair thanked the participants for their fruitful deliberations and discussions and declared the session closed.

Group‐V‐‐ Expeditious Disposal of Cases: Obstacles and Remedial Measures

Group V was chaired by the Hon’ble Mr. Justice Khawaja Muhammad Sharif, Chief Justice of Lahore High Court.

Chief Justice of Lahore High Court Chairing Group ‐ V

Annual Report, LJCP Under his Chairmanship the Group adopted following recomennedations:‐ a. Infrastructure particularly for the subordinate courts needs to be improved:

i. Proper court buildings need to be established; ii. Appropriate facilities for staff need to be provided; iii. Adequate furniture, stationery, libraries (at least all essential acts) and computers with duly licensed software needs to be made available; iv. All courts throughout Pakistan need to be provided with at least two skilled stenographers; v. The Process Serving Agency should be improved. Process Servers need to be provided adequate transportation and all other steps should be taken to ensure their efficiency; vi. All courts, from civil to session judge level, should be equipped with air‐conditioners; generators, UPS and other necessary equipment to ensure that the excessive load shedding does not impact court work. Adequate funds should also be provided to maintain and operate these machines; vii. Proper facilities for the litigant public including water coolers, toilets and sheds should be provided; and viii. Forensic Science Laboratories including DNA testing facility should be set up at divisional level. The Government should also notify proper staff for these laboratories. b. The number of Judges and skilled Judicial Staff needs to be increased, however it is equally important to devise a mechanism to immediately fill any judicial posts that fall vacant. c. Penalties should be imposed for frivolous claims and defenses. Although there are adequate provisions in the Civil and Criminal Codes (Section 35‐A of the Civil Procedure Code 1908 and section

Annual Report, LJCP 250 of the Criminal Procedure Code 1898) in this regard, judges should be directed to implement these provisions in letter and spirit. d. Courts should compulsorily refer cases for resolution through Alternate Dispute Resolution mechanism. The following measures may be taken in this regard:

i. Conciliation Committees should be revived;

ii. The model for Karachi Centre for Dispute Resolution (KCDR) should be considered for adoption throughout Pakistan; and

iii. There are already provisions in the law regarding referral of cases to ADR (Order X Rule 1(A) and Section 89‐A of the Code of Civil Procedure 1908). Judges should be directed to follow these provisions. e. The Courts should allow limited number of adjournments and only when imperative. In this regard the following are recommended:

i. Lawyer should minimize the number of strikes;

ii. Courts should fix the roster for cases at least 4 weeks in advance so that lawyers may plan ahead appropriately. These dates should be fixed with the consent of the counsel for either side and subsequently adjournments should only be granted on exceptional grounds. In any event, cases (whether civil or criminal) may only be adjourned twice; and

iii. The number of cases on the Cause List should be made manageable for both the judge and the lawyer. f. Budgetary allocations for courts throughout Pakistan should be made uniform. Salaries and allowances of district judicial officers and staff of High Courts and lower courts in all the other

Annual Report, LJCP provinces should be made commensurate with the Lahore High Court and District Judiciary in Punjab. g. Senior lawyers should give opportunities to their junior associates to appear in court in all cases where the presence of seniors is not necessary. h. The Provincial Government should be requested to set up an Endowment Fund with the help of philanthropists for payment of “arsh”, “daman” and “diyat”. This fund should be used for those convicts who have already undergone substantial sentence and do not have the sources to pay. i. Time for disposal of old cases as given in National Judicial Policy 2009 may be enhanced by at least 6 months. The time for the disposal of new cases may be extended to 1 year from the current 6 months. For the expeditious disposal of criminal cases, public prosecutors should be appointed in accordance with the recent judgment of the Honorable Supreme Court of Pakistan.

Group‐VI‐‐ Elimination of Corruption in Judiciary: Measures for Effective Supervision and Accountability

Group VI was chaired by the Hon’ble Mr. Justice Chaudhry Ijaz Ahmed, Judge, Supreme Court of Pakistan.

Mr. Justice Chaudhry Ijaz Ahmad Chairing Group ‐VI

Annual Report, LJCP After exhaustive deliberations, the participants of the group adopted the following recommendations: ‐

a. Elevation of judges of superior courts should be made on merit completely avoiding nepotism, party interest and such like things. In this regard, it was stressed that, right ratio be prescribed for appointments of judges from interior of the provinces. b. Appointment of Judges to be fair and purely on merits. For this purpose the committees for selection of judicial officers be carefully constituted from amongst the honest, strong willed judicial officers to withstand the pressures from whatsoever and in whatever manner coming from outside.

c. The period of probation of the judicial officers should be kept under strict watch, their performance be carefully assessed at the time of making decision as to their confirmation or otherwise. d. Raining should be imparted to the judicial officers in accord with the tenets of Islam. They should also be made familiar with the rules of case flow, case management and judgment writing, more particularly to enable them to make the decision immediately on conclusion of the submissions made before them. During the course of training the judges be taught the methods of applying the law and the case law to a particular case to grant appropriate and deserved relief. Also they should avoid making decisions on the face value of representatives of litigants and avoid meetings with unconcerned persons in their chambers. Refresher courses should be introduced to update the judicial officers of advanced knowledge and the methods of deciding the cases without loss of time. e. Annual confidential reports of the judicial officers should be prepared with great care and caution and the same should not be undone by the High Court without verification of report submitted by the reporting officer.

Annual Report, LJCP f. Competent judicial officers should be provided opportunities to avail the improvement of qualifications on merit. g. Salaries of the judicial officers and support staff should be increased and in that it was asserted that the Federal as well as Provincial Governments of Sindh, Khyber Pukhtoonkhwa, and Baluchistan should be advised with vehemence be raise salaries to the level of their counterparts in the province of the Punjab. Furthermore, the salaries of the support staff be brought up to the level of their counterparts in the Supreme Court of Pakistan on the principle of equal work and equal pay and to avoid discrimination which is directly in conflict with law laid down by this Court in various pronouncements including I. A. Sherwani case 1991 SCMR 1041. h. Disciplinary action should be quickly taken and concluded against the delinquent judicial officers and the support staff. In particular, against those connected with drug mafia should be awarded stern punishment to serve as a deterrence and to set an example. i. Judges be not posted at places where their relatives practice as lawyers. j. Posting them proportionally to hard areas by rotation should be the criteria for transfers of Judges.

k. There should be effective supervision upon lower judiciary and its support staff. In this regard, quarterly meetings should be held in order to monitor the performance of the judges. l. District and Sessions judges should be advised to make periodical visits of the jails/sub jails in order to redress the grievances of the prisoners, and to collect the data needed for early decision of their cases. m. The district judges be advised to be careful in allocating cases to their subordinate judges particularly when it is advised by the support staff and when insisted by a litigant. n. Judges be required to declare their assets and that of their dependents at the time of their induction.

Annual Report, LJCP o. Judicial officers should be required to keep an eye on the touts in collaboration with the office bearers of the Bar Associations. p. Frivolous litigation should be discouraged and nipped in the bud with heavy cost. q. In collaboration with members of the Bar and office bearers of the associations, the loopholes should be plugged to bring an end completely to the corruption in the judiciary. r. Introducing pertinent policy/strategy at college and university level should raise standards of legal education higher. s. The members of the Bar, particularly office bearers of the Bar Associations and Bar Councils should take upon themselves the responsibility to see that all elements spreading the tentacles of the corruption are chopped off.

Group‐VII‐‐ Simplification of Exhaustive and Cumbersome Procedures

Group VII was chaired by the Hon’ble Mr. Justice Jawwad S. Khawaja, Judge, Supreme Court of Pakistan.

Mr. Justice Jawwad S. Khawaja Chairing Group ‐ VII

Annual Report, LJCP Under his Chairmanship the Group formulated following recommendations:‐

a. A review Committee may be constituted by the Law & Justice Commission to undertake the task to review exhaustively and to amend or rewrite the enactments like Civil Procedure Code, Criminal Procedure Code, Pakistan Penal Code and Qanoon‐e‐Shahadat Order to suit to the changing times, to suggest new procedural laws, amendment and simplification of procedural laws, and to repeal redundant procedural rules. b. The government must take on board all the stakeholders before drafting or amending rules of procedure. c. All the relevant rules of procedure relating to a single aspect, if they are found to be scattered in various places, must be brought together. d. Inherent powers should be conferred on the subordinate criminal courts also to reduce making frequent appeals to the High Court, Section 151 of Code of Civil Procedure, 1908 already provides such powers to lower civil courts. e. Frequent conversations should take place between the Bench and the Bar to review the working of procedural laws. f. Amendment in the substantive laws shall also be carried out along with amending the relevant procedural laws. g. Certified Copies of the Decree Percha should be handed over to the litigant parties. The decree itself should specify the time limit to file an appeal and guide the litigants with other specifications as to how to proceed with their case next. Execution should also come parallel and date should be given for the execution proceedings like for example in the procedure laid out in Financial Institution Ordinance. There should be no need to file a separate case for execution. h. Execution producer itself has to be simplified. Order 21 C.P.C has to be revisited specially for executing Proceedings.

Annual Report, LJCP i. When cases are transferred from one Court to another under various Judicial cum administrative policies, date should be given. j. Concerning non‐filing of written statement, even if defendant fails to appear the case should proceed on merits and plaintiff should be entitled to bring all possible evidence in favor of his claim. k. There is no potential use of section 35‐A C.P.C relating to costs. Levy of cost will be an effective provision only if actually made recoverable from the defeated party. A licensed company, Licenses to be issued by the High Court, may be officially hired to recover money from the losing side in the case. l. The pleadings should come in two phases. The first part should form the executive summary of the claim of the plaintiff amounting to page and half. Second phase should be accompanied by the detailed statement of the claim including names of witness etc and documents to be referred. Denial and expectance of documents and facts will be covered in this stage. m. We are an extreme litigious nation. In C.P.C there should be added stringent procedure for perjury. Any witness that knowingly gives false evidence should be prosecuted against and tried under punishment for Perjury. n. Use of Web‐based application like for example “Court‐ Insite” should be undertaken. These websites are accessible from anywhere. Such applications have the ability to locate the hook‐ups of where and why is delay caused in litigation. o. Biometric process should be adopted by the Courts for executing documents like for example sales deeds, agreement to sell, Power of Attorneys etc. p. All the three modes of service in a civil case should be exhausted at first instance as happens in the case of Banking Ordinances and financial institutions Ordinance. “Under postal certificate” should be sent to the defendant or for that

Annual Report, LJCP matter to any other person required by Court to attend the proceedings. q. Alternate Dispute Resolution has become part of C.P.C in a very confusing way. There is enough time between framing of issues and recording of evidence. The parties during this time should be referred by the sitting Judge to alternative dispute resolution and the parties should be encouraged to settle the dispute amicably if possible. r. Recording of evidence. Affidavits in written form should be taken in place of Examination‐in‐Chief in order to consume less time. However, cross‐examination could take place before a Judge. s. This suggestion is made particularly with regards to Swat District. Amendment of Section 9 Nazam‐e‐Adal regulation 2009 is suggested. According to the recommendations, plaintiff has to send the plaint and the documents to all the defendants before his suit is admitted. When there is more than one defendant the process becomes very tiring and abnormally expensive. This has to be done independently from the summons process issued by the Courts to each and every defendant. t. Written statement according to the regulation above mentioned has to be submitted by the first date of hearing and that also within 7 days from appearance of defendant. Such strict procedure denies Justice and should therefore be amended. u. Plaintiff is under the responsibility to identify and locate the whereabouts of defendant for service of process purposes. v. The litigant should be made part of such forums as the National Judicial Conference. Court procedures are there for the litigating parties. The purpose of such forums is to make procedure easier for the litigants. Therefore litigants should be invited to such discussions.

Annual Report, LJCP Group‐VIII ‐‐ Responsibility of Judges, Lawyers, Police, Prosecution and Litigant Public in Dispensation of Justice

Group VIII was chaired by the Hon’ble Mr. Justice Qazi Faez Isa, Chief Justice, High Court of Balochistan.

Chief Justice of Balochistan High Court Chairing Group ‐ VIII

Following recommendations were arrived at unanimously: ‐

I. Judges

a) Judicial offices should not remain vacant and the appointments must be made expeditiously; b) Issue of frivolous cases need to be addressed at all levels;

c) In conformity with clause 14 of National Judicial Policy the actions should be taken in civil cases, wherever appropriate (section 35 of CPC). Section 22‐A and Section 491‐A of Cr.P.C. should not be misused;

d) Strict adherence should be made with regard to sections 242, 265‐D, 342 Cr.P.C. respectively with reference of charges, and recording of statement of accused, and under

Annual Report, LJCP no circumstances should this task be assigned to the prosecution;

e) The salary structure of district judiciary in all provinces should be the same as prevalent in the Punjab Province.

f) Office of the Registrar/Chief Ministerial office at district court level should be established to enhance the administrative capacity of the district courts;

g) Courts should record admission or denial pursuant to Order X of CPC. Judges should be imparted training with regard to the proper application of this Order.

II. Lawyers

a) Disciplinary action should be taken by respective Bar councils against those lawyer who are involved in professional misconduct;

b) Lawyers should ensure that they have adequate number of cases with them;

c) Lawyers should be encouraged to form firms/partnerships so that the litigants can be properly served and resources can be utilized to the maximum;

d) The provisions with respect to appointment of legal advisors in accordance with the provisions of the Companies Ordinance 1984 must be strictly enforced.

III. Police

a) The State should ensure that the police and investigation agencies performing an important function are adequately remunerated and provided requisite facilities; b) Frequent transfers and political transfers should be avoided;

Annual Report, LJCP c) Police personnel who are armed with visible weapons must be in uniform; d) Police personnel in police escort vehicles should point their weapons skywards or towards the ground; e) Public prosecutors should be adequately enumerated; f) Investigation to be separated from prosecution; g) Police officers should maintain case diaries of investigation particularly with regard to date and time as prescribed in police rules; h) At the time of remand, the police diaries should be submitted to the magistrate in accordance with section 176 of Cr.P.C; i) With reference to Police Order 18 clause 6 i.e. change of investigation, the Investigating Officer should not be arbitrarily changed or transferred; j) Investigators and prosecutors should receive necessary trainings to enable them to discharge their duties; k) State should also ensure adequate number of female probation and parole officers.

IV. Prosecution

a) Public prosecution should be adequately remunerated; b) In Sindh, the Criminal Prosecution Service Ordinance 2003 has lapsed and the same should be passed by the concerned provincial assembly as soon as possible to ensure an independent prosecution agency; c) Training of prosecutors is essential.

V. Court Procedure

a) The SHO’s should interact with their respective magistrates under the police rules before filing a case;

Annual Report, LJCP b) The magistrates should pass a Speaking Order under section 173 clause 3 of Cr.P.C. after examining the material placed before him in respect of the accused who has been released under section 169 of Cr.P.C; or whose bonds have been obtained to appear before the magistrate; c) Process Serving Agencies in the district courts should be strengthened; d) A separate process‐serving agency in respect of criminal cases should be established as prescribed in the Criminal Prosecution Enactment. e) Civil court rules and criminal court rules should be enacted wherever they have not been enacted, and where these rules are in existence, the same should be amended/ modified in the light of prevalent laws;

VI. Witness

a) The State must ensure the adequate security to the witnesses in criminal cases.

VII. Court Premises

a) The court premises should have comfortable separate waiting area for male and female litigants and witnesses including provision of drinking water and access to toilets.

b) The State should ensure that under trial prisoners are properly housed and are provided with sufficient facilities both in the court premises as well as in the judicial lock‐ups including at the Tehsil and Taluka level.

Islamabad Declaration

On the basis of recommendations of each group a declaration was drafted and presented in the concluding session. The Conference

Annual Report, LJCP unanimously approved the declaration to be called Islamabad Declaration which reads as under:‐

1) Every organ of the state should function within its own domain, working in harmony with each other so as to advance public good. Confrontation is counterproductive and hampers progress and development. The Judiciary of Pakistan being the third pillar of the State stands committed to faithfully discharging its functions as prescribed by the Constitution. 2) There is broad consensus with the objectives of the policy. It has been noted though that effective implementation of the policy requires strengthening the policy ownership, increasing its awareness among stakeholders, and a constant review process. The procedures for achieving policy objectives need to be reviewed. 3) For successful ADR, concrete steps, such as formal rules, a governing council, and professional training for all stakeholders is necessary. Trial Courts should support and encourage ADR. Importance of the subject requires the holding of an exclusive workshop. 4) Legal education being the foundation of the justice system requires to be imparted at all levels of society. In particular, law colleges and faculties require allocation of greater resources and an independent central supervisory body. For enhancing the quality of dispensation of justice, continuing legal education is essential for all tiers of the bench and bar. 5) To increase expeditious disposal of cases and for enhanced transparency, court proceedings and records should be automated and made user friendly. For this purpose, sufficient funds should be allocated and relevant laws should be amended. A model “E‐Court” should be established in each High Court and District Court. 6) For expeditious disposal of cases, it is imperative that manpower, infrastructure and resources are brought to at least the minimum required and allocated level. Frivolous

Annual Report, LJCP and vexatious claims and defenses must be strictly penalized using the relevant provisions of civil and criminal laws. 7) A wholesome review of procedural enactment is required to simplify and modernize outdated and cumbersome procedures. Courts should utilize latest tools, including E‐forms and biometric devices for expeditious filings and scrutiny of evidence etc. Scattered provisions in procedural/substantive laws should be consolidated. Pleadings, serving of process and recording of evidence needs updating 8) Judges, lawyers, prosecution/police, witnesses and litigants, must all assume responsibility to ensure smooth functioning of the justice system and consequent dispensation of equitable justice. Each stakeholder must ensure faithful and timely compliance with the duty imposed on him.

7.3 Revision of National Judicial Policy 2009

The Committee considered the recommendations of the National Judicial Conference held on 16 to 18 April, 2010 in the Supreme Court Islamabad, feedback received by the Hon’ble Chief Justices of High Courts from the relevant stakeholders and observed that the Policy has achieved the target of disposal of old and new cases and deficiencies, if any, were on account of cogent reasons which includes non‐availability of witnesses, non‐completion of investigation in time, non‐production of undertrial prisoners by the prison authorities, power outage, security problems and other reasons beyond the control of courts. The Committee thoroughly considered each and every recommendation of the Working Groups and after due deliberations, it was resolved to include following amendments in the Policy:‐

1. Old cases may be decided up to 31‐12‐2010 by prioritizing the same and the oldest cases to be decided first as per following categorization:

a. Cases filed up to the year 2000 as oldest category. b. Cases filed from 2001 to 2005 as older category. c. Cases filed from 2006 to 31st December 2008 as old category.

Annual Report, LJCP 2. Judicial offices should not remain vacant and the appointments must be made expeditiously. 3. Appointment of Judges to be fair and purely on merits. In this regard the committees for selection of judicial officers be carefully constituted from amongst the honest, strong willed judicial officers to withstand the pressures whatsoever and in whatever manner coming from outside. 4. The period of probation of the judicial officers be kept under strict watch and their performance be carefully assessed at the time of making decision as to their confirmation or otherwise. 5. ACR’s of the judicial officers be prepared with great care and caution and the same should not be undone by the High Court without verification of report submitted by the reporting officer. 6. Judges be required to declare their assets and that of their dependents at the time of their induction. 7. Judicial officers be required to keep an eye on the touts in collaboration with the office bearers of the Bar Associations. 8. Bar Councils should take steps for early disposal of the complaints of professional misconduct by the lawyers and also make all possible efforts to discourage the elements involved in corrupt practices and professional misconduct and are earning bad name for the Bar. 9. Judges be not posted at places where their relatives practice as lawyers. 10. Transfers of judges be made by posting proportionally to hard areas by rotation. 11. Lawyers who have remained judges of the superior courts use the prefix/suffix of their previous designation such as retired Justice, Ex‐Judge, Ex –Attorney General etc. to attract clientage. This practice is prohibited under the Rule 174‐A of the Pakistan Legal Practioners and Bar Councils rules, 1976. In this regard Bar Councils are bound to take steps to

Annual Report, LJCP discontinue the practice of using previous designation or post. 12. Some Judges who were elevated to the High Courts but not confirmed and others remained unconfirmed and were laid of as a result of Supreme Court’s judgment of 31st July 2009 continue to use the prefix/suffix of retired Justice which is contrary to law/rules. Since they are not entitled to the honour, they must not use it. The Committee also request the print/electronic media to exercise due care while referring to such persons. 13. High Courts should give incentives in terms of advanced increments/cash awards to the judicial officers who performed well and achieved the targets of the Policy. 14. Competent judicial officers be provided opportunities to avail the opportunity of improvement of qualifications. 15. The appointment of Commission should be streamlined and in each district a list of lawyers should be maintained for appointment as a Commission in consultation with the representatives of Bar. The Commission should be appointed out of agreed list/panel in rotation, ensuring that there is no favoritism/nepotism and no repetition of names as favour to some. 16. The appointment for Commission should be made on merit by considering the qualification and standing at Bar. 17. The Commission should be appointed with free consent of the parties. 18. The Commission should record evidence in the court room in physical presence/control of the judicial officer. 19. On closure of proceedings, the Presiding Officer should give a certificate to the effect that the evidence was recorded by the Commission in his physical presence. 20. If the workload is manageable then the recording of evidence through Commission should be avoided and the judicial officer should record evidence under his hand.

Annual Report, LJCP 21. The NGO’s and professionals having expertise in ADR may be encouraged to establish ADR Centers at their own in other provinces on the pattern of ADR, Centre Karachi. 22. Technical disputes should be arbitrated by at least one expert in the panel. 23. To narrow down the controversies in civil cases, the Presiding Officer should ascertain from each party whether he admits or denies such allegation of facts as are made in the plaint or in written statement, if any. The issues be narrowed down to the essential ones. This practice will help the court to restrict its proceeding to the actual controversies. 24. The cases should be tried strictly in accordance with the law /rules by giving sufficient opportunities to the litigant parties/members of the Bar to plead their cases and justice must not be sacrificed on technicalities. 25. For provisions of Air conditions, Generators, UPS and other necessary equipments to the courts for uninterrupted functioning, the Chief Justices of the Provincial High Courts may work out their needs and approach the provincial governments for necessary funds. 26. Registrars of High Courts may approach the Provincial Governments for establishment of forensic laboratory at least at divisional level.

Annual Report, LJCP 8. Activities of AJDF

8.1 Proposals relating to AJDF

In response to the advertisement dated 2nd September, 2009 for proposals relating to AJDF, the LJCP Secretariat received 213 project proposals/applications from NGO’s, lawyers, researchers, academicians etc. for financing their projects from the following windows of AJDF:‐

1) Legal Empowerment Fund (LEF)

2) Legal Innovation Fund (LIF), and

3) Judicial/Legal Research Fund (JLRF)

8.2 Workshops

In order to promote awareness and disseminate information amongst stakeholders on AJDF, the Secretariat of LJCP organized a series of workshops across the country. The rationale of organizing these workshops was to sensitize and create understanding about the nature, purpose and character of AJDF with a view to build informed ownership of AJDF. These Workshops were organized at Quetta, Lahore, Karachi and Peshawar during the months of December 2009 and January 2010.. The workshops were attended by stakeholders of the law and justice sector including judges of the High Courts, Judiciary, representatives of the provincial Judicial Academies, legal academia, members of the Bar, civil society organizations and media.

Workshop at Quetta

The first workshop of the series was held at Quetta on 12th December 2009 in Quetta Serena Hotel.

Annual Report, LJCP

Participants of the Workshop

The inaugural session was presided over by Mr. Justice Qazi Faez Isa, Chief Justice, High Court of Balochistan. He lauded the role of LJCP in administering AJDF and drawing up a plan for utilizing the funds to achieve its goal. Mr. Justice Qazi Faez Isa remarked that the AJDF provides sufficient financial resources on sustainable basis to address the problems being faced by week, poor and disadvantageous groups in society through promotion of legal empowerment. He invited the researchers and academia to initiate proposals relating to legal empowerment for the underdeveloped regions of the province.

Workshop at Lahore

The Second workshop was held at Lahore in Punjab Judicial Academy on 19th December 2009,

Annual Report, LJCP

Participants of the workshop

In his inaugural speech Mr. Justice, Khawaja Muhammad Sharif, Chief Justice, Lahore High Court noted that in the past shortage of funds had greatly effected the service delivery system of the law and justice sector but now through AJDF an opportunity has been provided to improve the system for restoring the confidence of people in judicial system of the country. He appreciated the role of LJCP for entering into partnership for promotion of legal empowerment under AJDF and shared with the audience the projects completed from the AJDF. He urged the participants to contribute for utilizing the funds in the best way for over all development of judiciary and legal empowerment.

Workshop at Karachi

The third workshop was held at Karachi Sheraton Hotel on 4th January 2010, the inaugural session was presided over by Mr. Justice Sarmad Jalal Osmany, Chief Justice, High Court of Sindh.

Annual Report, LJCP

Mr. Justice Sarmad Jalal Osmany addressing the participants

In his inaugural speech Mr. Justice Sarmad Jalal Osmany appreciated the efforts of LJCP for creating awareness and sensitizing stakeholders on AJDF and asked the representatives of NGOs and district Judiciary to contribute their best efforts to achieve the objects of the workshop.

Workshop at Peshawar

The last workshop of the series was held at Peshawar on 15th January 2010, presided over by Mr. Justice Ejaz Afzal Khan, Chief Justice Peshawar High Court.

Mr. Justice Ejaz Afzal Khan addressing the participants

Annual Report, LJCP In his opening speech Mr. Justice Ejaz Afzal Khan said that the role of the Access to Justice Program assumes much greater significance in as much as it contributed a great deal and still contributes to weak and vulnerable segments of the society at their door steps. He further stated that the justice sector remained one of the most neglected sectors in our country, which has adversely affected the poor and vulnerable segments of the society. The Chief Justice appreciated holding of workshop and suggested certain useful proposals for ensuring proper utilization of the amount with maximum benefits and invited the audience to come forward for harvesting this opportunity to bring the much needed improvements to strengthen our legal system.

8.3 Meeting of the Technical Evaluation Committee

A meeting of the Technical Evaluation Committee was held on 15th May, 2010 in the Library of the Lahore High Court, Lahore to evaluate the project proposals received from various organizations/ individuals under the Access to Justice Development Fund. The meeting was attended by Mr. Justice (R) Nasir Aslam Zahid, Mr. Justice (R) Rana Bhagwan Das, Dr. Faqir Hussain, Registrar Supreme Court/ Secretary LJCP, Mrs. Nasira Iqbal, Advocate Supreme Court, Mr. Nasrullah Khan, Secretary to the Committee (DS‐Fund) and Mr. Farrukh Javaid, Section Officer (Audit and accounts), LJCP

The Committee examined all the projects and after scrutiny in terms of viability, objectivity and sustainability, the Committee unanimously recommended the following project proposals for approval subject to verification of credentials from the District & Session Judge of the concerned area:‐

# Organization Name Observation of the Committee 1 Global Organization The Committee approved the project for for Human period of one year at the cost of Rs. Devolopment, 1910200/‐ with LJCP share of Rs. Bhawalpur 1528160/‐ (fifteen hundred twenty eight thousand one sixty rupees) without any charge in the scope of project and activities.

Annual Report, LJCP # Organization Name Observation of the Committee 2 Alwatan Forum, The Committee approved the project for Pakistan period of one year at the cost of Gujrawal, Punjab Rs. 1350000/‐ (thirteen hundred fifty thousand rupees) with suitable charges in activities commensurate with budget without effecting the scope of project. 3 Goth Sudharo Sanagat The Committee approved the project for Aghamani, Sindh period of one year at the cost of Rs.120000/‐ (twelve hundred thousands) with suitable charges in activities commensurate with budget without effecting the scope of project. 4 Karachi Centre for The Committee approved the project for Dispute Resolution, period of 5 months at the cost of Sindh Rs. 813000/‐ (eight hundred thirteen thousands rupees) without any change in the scope of project and activities. 5 Shama Welfare The Committee approved the project for Organization period of one year at the cost of Rs. Charasada, KPK 560300/‐ with LJCP share of Rs. 363000/‐ (three hundred sixty three thousand) without any change in the scope of project and activities. 6 Step Towards The Committee approved the project for Empowerment of period of one year at the cost of Pupil Rs. 1159000/‐ with LJCP share of Rs. 600000/‐ (six hundred thousand) with suitable changes in activities commensurate with the budget without effecting the scope of project. The Committee also stressed that the NGO should engage at least two lawyers for imparting training 7 Skyian Welfare The Committee approved the project for Organization, period of one year at the cost of Abbottabad, KPK Rs. 99000/‐ (nine hundred ninety

Annual Report, LJCP # Organization Name Observation of the Committee thousand) without any change in the scope of project and activities.. The Committee also recommend that the NGO should co‐opt services of practicing lawyers to carry out the propose activities. 8 Woman Association The Committee approved the project for Struggle for period of one year with LJCP share of Development Mardan, Rs. 1200000/‐ (twelve hundred KPK thousands) with suitable changes in activities commensurate with budget without effecting the scope of project. 9 Roshni Development The Committee approved the project for Organization, Quetta, period of one year at the cost of Balochistan Rs 1200000/‐ (twelve hundred thousands) without any change in the scope of project and activities. 10 Kainaat Welfare The Committee approved the project for Association, period of one year at the cost of Kandhkot, Rs 1000000/‐ (one hundred thousands) Sindh without any change in the scope of project and activities. 11 Saiban Intentional The Committee approved the project for Welfare Organization, period of one year at the cost of Rs Karachi, Sindh 1200000/‐ (twelve hundred thousands) without any change in the scope of project and activities. 12 Kumrat Development The Committee approved the project for Organization, Dir, KPK period of six months with the share of LJCP Rs 468000/‐ without any change in the scope of project and activities. 13 Association for The Committee approved the project for Behavior and period of one year at the cost of Knowledge Rs 1200000/‐ (twelve hundred Transformation, Dir, thousands) without any change in the Lower, KPK scope of project and activities.

Annual Report, LJCP # Organization Name Observation of the Committee 14 Strengthening The Committee approved the project for Humanity Aid and period of one year at the cost of Rs Rehabilitation 860000/‐ (eight hundred sixty Programe (SHARP) thousands) with share of LJCP of Rs. Trmarrgara, KPK 500000/‐ (five hundred thousands) without any change in the scope of project and activities. 15 Humanity The Committee approved the project for Development period of six months at the cost of Rs Organization, 671000 with LJCP share of Rs. 600000/‐ Mensehra, (six hundred thousands) without any KPK change in the scope of project and activities. 16 Balochistan Boy The Committee approved the project for Scouts period of one year at the cost of Rs Association, Quetta 2500000/‐ (twenty five hundred thousand) with suitable changes in activities commensurate with budget without effecting the scope of project. 17 Today’s Woman The Committee approved the project for Organization, Quetta period of one year with LJCP share of Rs. 659000/‐ (six hundred fifty‐nine thousands with suitable changes in activities commensurate with budget without effecting the scope of project.

The Committee also considered the project sent by Mr. M. Latif Afridi, Advocate, Supreme Court of Pakistan/Member TEC about the following projects:

1. Project proposal of Dr. Begum Jan regarding provision of Legal Aid to the Persons confined in FATA jails under Frontier Crime Regulation for the changes of collective responsibility.

2. Project proposal submitted by Frontier Law Collage for enhancing the drafting, writing and presentation skills of the students/young lawers.

Annual Report, LJCP After having gone through evaluation report/recommendation of Mr. Latif Afridi, the Committee unanimously approved the project of Dr. Begum Jan at the cost of Rs. 696100/‐ being viable and useful for the FATA region where formal Criminal Justice System is not working. As regards project proposal of Frontier Law Collage, Peshawar the Committee was of the opinion that since the syllabus/curriculum of law collage already contains subject of legal drafting, pleading & conveyancing, therefore, the project will not be much useful. After deliberation, the Committee unanimously dropped the project being not feasible for funding.

The Committee also reconsidered the project proposal of the Society for Human Assistance & Development Quetta, Balochiastan in the light of observation made by the Governing Body in its meeting dated 11th October, 2009. The Committee reviewed the revised project proposal in the light of comments offered by Mr. Justice Amir‐ul‐Mulk Mengal former Chief Justice High Court of Balochistan and Hon’able Chief Justice High Court of Sindh. The Committee after having gone through the revised project proposal recommended that as the activities, have been reduced to commensurate with the recommended cost of the project and since there is dire need for such projects to be executed in the province of Bacochistan, therefore, the Committee after deliberation approved the project for funding with the contribution of LJCP of Rs. 1,562,421/‐ for period of one year.

Besides, the Committee also took following decisions:‐

1. The Committee emphasized that the credentials of the Organizations / individuals to whom project are to be assigned, may be got verified from the concerned District & Sessions Judge before approval of Governing Body so that the request formalities should be completed as earlier as possible. 2. In future the list and necessary details of short listed projects may be sent to the Members of TEC at least ten days before the meeting enabling the Members to obtain the background information of claimants and have sufficient knowledge of the project for appraisal,

Annual Report, LJCP 3. The Committee also recommended that the proposals received from each province may be sent to the Members of TEC from that province for comments, whereas, proposal received from Balochistan be referred to Mr. Justice (R) Amir‐ ul‐Mulk Mengal will before scheduling the meeting of TEC. 4. An undertaking from the Organization to whom projects are assigned should be obtained that they have not received and will not claim funds for the said project from any other donor. 5. The Committee also noticed the non‐utilization of funds from legal innovation Fund Window and judicial & legal Research Window of AJDF since its inception. The Committee observed that a substantial amount has been accumulated under the said windows but due to non –submission of sound proposal no funds have been released from the said windows. The Committee recommended that all the Law Collages, Bar Councils, Supreme Court/ High Court Bar Association, training institutions, researchers, former Judges and renowned authors may be informed about the availability of funds and be asked to submit proposals for improving the standard of Legal Education and Legal/Judicial Research so that appropriate proposals could be approved for funding. The Committee suggested that funding for the said Windows may be re‐advertised.

The format of initial review of proposals by the Secretariat may be amended and details about audited balance sheet indicating the receipt and expenditure done by the NGO during the last two three years may be indicated in the project evaluation sheet. This would help the TEC to access the strength/capacity of the Organization in terms of financial resources

8.4 Meeting of the Governing Body, AJDF

Meeting of the Governing Body of AJDF was convened at Islamabad on 6th November 2010 to review the investments made by the Commission in relation to AJDF and for review of recommendations of TEC regarding project proposals. The Governing Bopdy considered the

Annual Report, LJCP recommendations of Technical Evaluations Committee (TEC) and approved the following projects for funding:‐

1. Goth Sudharo Sanagat Aghamani, Sindh 2. Karachi Centre for Dispute Resolution, Sindh 3. STEP Towards Empowerment of Pupil 4. Skyian Welfare Organization, Abbottabad, KPK 5. Woman Association Struggle for Development Mardan, KPK 6. Roshni Development Organization, Quetta, Balochistan 7. Kainaat Welfare Association, Kandhkot, Sindh 8. Saiban Intentional Welfare Organization, Karachi, Sindh 9. Kumrat Development Organization, Dir, KPK. 10. Association for Behavior and Knowledge Transformation, Dir, Lower, KPK. 11. Strengthening Humanity Aid and Rehabilitation Program (SHARP) Trmarrgara, KPK. 12. Project proposal of Dr. Begum Jan regarding provision of Legal Aid to the Persons confined in FATA jails under Frontier Crime Regulation for the charges of collective responsibility. 13. Society for Human Assistance & Development Quetta, Balochistan.

The Committee also considered the projects namely; Balochistan Boy Scouts Association, Quetta and Today’s Women Organization Quetta., which were recommended fur funding by the TEC and decided that the same may be placed before the Hon’ble Chief Justice of High Court of Balochistan for reconsideration in terms of viability, objectivity and capacity of the Organization. Besides the Governing Body also approved other recommendations of Technical Evaluations Committee (TEC) and proposal for launch of 5th phase of AJDF under Legal Empowerment Fund Window (LEF).

Annual Report, LJCP Public Awareness Program

Recent Publications

1 Transfer of Criminal Cases 2 District Government 3 Unlawful Confinement and Punishment Thereof. 4 Unlawful Restraint and Punishment Thereof. 5 Powers of Justice of the peace in the light of judgment of the Lahore high court 6 Composition of Zilla Council its Secretariat and Conduct of business. 7 Law against Land Mafia 8 Functions & Powers of Zilla Council 9 Transparency under Local Govt. Ordinance 10 Public Participation in the meetings of Union, Tehsil & Zilla council 11 Appointment of Guardian for Mentally Disordered Persons. 12 Punjab Consumer Protection Act 2005 13 How to get Information from Public Department 14 Illegal Dispossession Act. 2005 15 Procedure for Casting Of Votes 16 Enforcement of Section 144 17 Functions and Powers of Executive District officer 18 Legal Disability 19 Fundamental rights and their safe guards. 20 Sedition under Section 124‐A or Offences against society. 21 Suite by or against Government 22 Law of Estopple 23 Decree obtained by fraud or misrepresentation.

Annual Report, LJCP 24 Worker's Children Education Ordinance, 1972 25 Functions and Administration of Evacuee Trust Property Board 26 Suits and Appeals concerning Evacuee Trust Property Board 27 Laws And Regulations Relating to Dangerous Buildings 28 Tehsil Municipal Administration 29 Miscellaneous functions of Zilla Council 30 Unfair Labour Practices on the part of Workmen 31 Unfair Labour Practices on the part of Employers 32 Prohibition of Music on the Temples of Muslims 33 Functions and Powers of Tehsil Municipal Administration 34 Functions and Powers of Town Municipal Administration 35 Duties of Display Information Officer for Registration of Votes 36 Tehsil Nazim 37 Functions of Labour Courts and its Procedure Thereof 38 Miscellaneous Matters Related to Tehsil Nazim 39 Management and Maintenance of Government Properties 40 Tehsil Council 41 Slaughter House 42 Prosecution Service in N.W.F.P 43 Town Council 44 The Punjab Prohibition of Expressing Matters on Walls Act, 1995 45 The Explosive Substances Act 46 Union Administration 47 Miscellaneous information regarding Tehsil Council 48 Adjournments in civil suits 49 Prevention of Anti‐National activities Act 1974 50 Offence of Rape Liable to Hadd

Annual Report, LJCP 51 Problems in Casting Vote and their Solutions 52 The Procedure of Complaints in the offence of Qazif 53 Shops and Establishment (security) System in Punjab 54 Musalihat Anjuman 55 Functions of Union Nazim 56 Special Rules regarding process issued for services or execution outside Pakistan and processes received from outside Pakistan for services or execution within Pakistan 57 Transplantation of human organs or tissues and Punishment on violence 58 The Prohibition of use Polythene Bags 59 Citizen Community Board 60 The Children (Pledging of Labour) Act, 1933 61 Withdrawal of Suit of Abandonment or part of Claim 62 Law of Intellectual Property 63 Sale of Moveable Property Under Code of Civil Procedure, 1908 64 Suit for Breach of Contract of Sale of Goods 65 Rights of Unpaid Seller Against the Goods 66 Vocational and Training Education Commission 67 Drinking And Its Sentence 68 License of Articles Containing Intoxicating Liquor for Bona Fide, Medical or Other Same Purposes 69 Removal, Suspension of Servants in Government or Corporation Service 70 Federally administered Tribal areas Compulsory Primary Education Law 71 Abolition of Sardar System Act. 72 Establishment of Pakistan Study Centers 73 Law Relating to the Diseases of Horses

Annual Report, LJCP 74 Law Relating to Fair Marriage of Sikhs 75 Law relating to Vehicles of N.W.F.P province 76 Child Marriage Restraint Act 77 Obligations of hotel keepers & others to furnish Particulars 78 The Foreigners Act 79 Penalty on employing Lepers in Prohibited Trade 80 Establishment of Finance Commissions, Functions, Duties & Powers 81 Responsibility of Police in relation to unclaimed property 82 Acting as agents of Moalims Prohibition Ordinance 1980 83 Facts which need not be proved 84 Zilla Mohtasib, Jurisdiction, Functions & Powers 85 Unlawful compulsory labor and its punishment under the Pakistan Penal Code 86 Animal Slaughter Control Act. 1963 87 Federal Public Service Commission 88 The Eye Surgery (Restriction) Ordinance, 1960 89 West Pakistan Vagrancy Ordinance, 1958 90 The Punjab vagrancy Ordinance 1958 91 Procedure of Compensation for Disturbance of Clearing Tenants Under The Punjab Tenancy Act. 92 Damages Caused to Others Due to Negligent Conduct in Respect of Poisonous Substances, Combustible and Machinery etc. and their Punishment under Pakistan Penal Code 93 The Pakistan Tourist Guide Act, 1976 94 The Prisons Act, 1894 95 Women in Distress And Detention Fund Act 1996 96 Constitution and Functions of Railway police 97 Food, Clothing, Beeding and Visits For Prisoners Under the Prisoners Act, 1894

Annual Report, LJCP 98 Local Government Elections (Punjab) 99 Of Discharge from Liability on Notes, Bills and Cheques 100 Law Preventing Retrial on the same crime 101 Tribunal for Disadvantaged Persons Ordinance,1995 102 Dishonour of Negotiable Instruments 103 Law Relating to Juvenile Smoking 104 Defamation Ordinance, 2002 105 Khyber Pakhtunkhwa Orphanages (Supervision and Control) Act 1976. 106 The Punjab Rented Premises Act 2009. 107 The Protection Against Harassment of Women at Workplace Act 2010. 108 The Hitec University of Taxila Act, 2009. 109 Mobile Security Company. 110 The Family Court Act, 1964. 111 Grant of License, Cancellation and Appeal Under Arms Ordinance,1965. 112 Punjab Health Act, 2010. 113 Punjab Transfusion of Safe Blood Ordinance, 1999. 114 Protection From Health Related Effects Of Radio Base Station Antennas Regulation, 2008 115 The Punjab Universities and Boards of Intermediate and Secondary Education Malpractices Act, 1950 116 Fundamental Rights Under the 18th Constitution Amendment 117 Powers of Police to Issue Orders for the Maintenance of Police Order 118 Crimes and their Punishment Under the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 119 Employers Liability Law in Case of Causing Injury to the Workman 120 Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010

Annual Report, LJCP 121 Relaxation on the Basis of Legal Disability under the Limitation Act, 1908 122 Police Responsibilities towards Public Under the Police Order, 2002 123 Balochistan Prohibition of Use and Sale of Polythene Bag Ordinance 2001 124 Khyber Pakhtunkhwa Prohibition of Firing and use of Explosive Substances on Marriages and other Ceremonies Act, 1988 125 Balochistan Orphanage Supervision Act, 1976 126 Easement, its Kinds and its Extinction Under the Easement Law 127 Lease of immoveable Property under the Transfer of Property Act 128 Set‐a siding of Decree/Order obtained on basis of Mis‐ representation, Fraud and want of Jurisdiction 129 Anti Money Laundering Act 2010 130 Electronic Transactions Ordinance, 2002 131 Privileges which are available to the convicted persons in case of delay in the decision of appeal 132 Fire Prevention and Life Safety Regulation 2010 133 Transplantation of Human organs and tissue Act, 2010 134 Evidentiary value of electronic documents, information and signatures under Electronic Transaction Ordinance 2002 134 Drivers responsibility and punishment for violation in case of an accident

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Annual Report, LJCP OFFICERS OF LAW & JUSTICE COMMISSION OF PAKISTAN

S/No NAME DESIGNATION 1 Mr. Habib‐ur‐Rahman Shaikh SECRETARY 2 Mr. Nasrullah Khan Deputy Secretary‐I (B‐19) 3 Mr. Manzoor Ahmed Shaikh Deputy Secretary‐II (B‐19) 4 Raja M. Faisal Iftikhar Deputy Secretary‐III (B‐19) 5 Dr. Muhammad Tahir Deputy Secretary‐IV(B‐19) 6 Mr. Muhammad Tanveer MIS Manager (B‐19) 7 Raja Khalid Mehmood P.S to Secretary (B‐18) 8 Mr. Qasim Aslam Minhas Research Officer‐I (B‐18) 9 Mr. Abdul Nabi Research Officer‐II (B‐18) 10 Ms. Rabeea Anwar Research Officer‐III (B‐18) 11 Mr. Ali Raza Research Officer(Fund) (B‐18) 12 Ms. Ghina‐e‐Sahar Research Officer‐IV (B‐18) 13 Mr. Shahid Khalid Section Officer (Admin) (B‐17) 14 Syed Nasir Ali Shah Librarian (B‐17) 15 Mr. Muhammad Ali Computer Programmer‐I (B‐17) 16 Ms Tanveer Badar Section Officer (B‐17) 17 Mr. Farrukh Javaid Section Officer(Audit/Accounts) (B‐17) 18 Syed Mughees Ul Hassan Computer Programmer‐II (B‐17) 19 Malik Arshad Mehmood A.A.O (B‐17) 20 Mr. Murtaza Khan Superintendent (B‐16) 21 Mr. Mukhtiar Ali Computer Operator (B‐16) 22. Mr. Muhammad Khattab Stenographer (B‐16 S.G)

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Annual Report, LJCP l) Commission’s Finances

In order to its function, LJCP had been allocated the following budget for the years 2009‐10

Budget 2009-10

Category Allocation Ratio Utilization Ration of Salary Total 26795000 100 25930632 100 Salary 13708400 51.16 13579570 52.36 Non‐Salary 13086600 48.84 12351062 47.63

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Annual Report, LJCP m) Addresses of other Law Commissions

AUSTRALIA GAMBIA KENYA Australian Law Reform Commission The Law Reform Commission Kenya Law Reform Commission GPO Box 3708 Of the Gambia Box 34999 Sydney NSW 1044 PO Box 266 Nairobi Ph: (02) 9284 6333 Banjul KENYA Fax: (02) 9284 6363 THE GAMBIA 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 Lesotho Commission PO Box M. 63 PO Box 33 Old High Court Building Dhaka Accra Maseru 100 1000 GHANA LESOTHO BANGLADESH Ph: + 233 21 228898 Ph: + 266 313236 Ph: + 880 2 9559004 E-mail: [email protected] Fax: + 266 311092 Fax: + 880 2 9560843 E-mail: [email protected] CANADA HONG KONG MALAWI Law Commission of Canada Law Reform Commission of Hong Malawi Law Commission 473 Albert Street, 11th Floor 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: [email protected] URL: www.lcc.gc.ca Fax: + 852 2865 2902

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 Building,Jalan Theobalds Road New Delhi 110001 Tangsi London WC1N 2BQ INDIA 50512 Kuala Lumpur UNITED KINGDOM Ph: + 91 11 338 3382 MALAYSIA Ph:+ 44 171 453 1220 Fax: + 91 11 338 8870 Ph: + 60 3 292 3077 Fax:+ 44 171 453 1297 E-mail: law [email protected] Fax: + 60 3 293 2021 E-mail: URL: www.nic.in/lawcom E-mail: [email protected] [email protected] URL:www.gtnet.gov.uk/

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Annual Report, LJCP FIJI IRELAND NAMIBIA Fiji Law Reform Commission The Law Reform Commission Law Reform and Development Box 2194, Government Buildings IPC House, 1st Floor Commission Suva 35-39 Shelbourne Road Ministry of Justice FIJI Ballsbridge Private Bag 13302 Ph: + 679 303 900 Dublin 4 Windhoek Fax: + 679 303 646 IRELAND NAMIBIA E-mail: [email protected] Ph: + 353 1 637 7600 Ph: + 264 61 239 280 Fax: + 353 1 637 7601 Fax: + 264 61 240 064 E-mail: [email protected] NEW ZEALAND SOUTH AFRICA California Law Revision Commission Law Commission PO Box 2590 South African Law Commission 4000 Middlefield Road,Room D-I Wellington Private Bag X668 Palo Alto, CA 9403-4739 NEW ZEALAND Pretoria 0001 UNITED STATES OF AMERICA Ph: + 64 4 473 3453 REPUBLIC OF SOUTH AFRICA Ph: +1650 494 1335 Fax: + 64 4 471 0959 Ph: + 27 12 322 6440 Fax: + 1650 494 1827 E-mail: [email protected] Fax: + 27 12 320 0936 E-mail: [email protected] URL: www.lawcom.govt.nz/ E-mail: [email protected] URL: www.clrc.ca.gov/ URL: www.law.wits.ac.za/salc/salc.html

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 AMERICA Lagos Ph: +1 860 240 0220 Fax: +1 860 240 0322 E-Mail: [email protected] URL:www.cga.state.ct.us/lrc/

PCPPI—2935(11) LJCP—13‐10‐2011—1000.

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