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TABLE of CONTENTS Page Number 1 TABLE OF CONTENTS Page Number 1. Foreword 3 2. Introduction 4 3. Law and Justice Commission & National Judicial (Policy Making) Committee 5 3.1. The Statutes 5 3.2. Functions 5 3.3. Composition 6 3.4. Library & Computerization 7 3.5. Bio data of Members 8 3.6. Commission’s Secretariat 20 4. Performance of the Commission and NJPMC in 2007 21 4.1. The National Judicial Conference 2007 21 4.2. Objective of Conferences 22 4.3. Themes 22 4.4. Participants 33 4.5. Conference Declaration & Recommendations 33 4.6. Declaration 34 5. Law & Justice Commission of Pakistan 39 5.1. Activities of Law & Justice Commission of Pakistan during the year, 2007 39 6. National Judicial (Policy Making) Committee 50 6.1. Meeting of the National Judicial (Policy Making) Committee held on 23rd June 50 2007 at Islamabad 6.2. Meeting of the National Judicial (Policy Making) Committee held on 8th 54 September, 2007 at Islamabad 7. AJDF Workshops 59 7.1. Key Recommendations 63 8. AJDF Projects Summary 67 8.1. Detail of investment of Access to Justice Development Fund till 2007 68 8.2. Detail of the Projects in First Phase 69 8.3. Province wise detail of the projects received 70 8.4. Detail of the Projects in 2nd Phase 71 8.5. District Wise achievement in all over Pakistan in the 2nd Phase Access to 09 72 district 8.6. Detail of projects under process 72 8.7. Activities of Secretariat of the Commission 73 8.8. Implementation of Recommendation 79 9. Public Awareness 84 10. Commission / NJPMC publishes Annual Reports of the Courts 84 10.1. Summary data for the Supreme Court of Pakistan 85 10.2. Appeals 86 10.3. Consolidate Statement for all cases from 01‐01‐2005 to 30‐06‐2006 87 2 10.4. Federal Shariat Court 88 10.5. Consolidate Position for Criminal Matter at the Principal Seat and Bench 89 Registries during the year 2006 10.6. Category‐wise Consolidate Position for Criminal Matters During Year 2006 90 10.7. FSC Consolidate: Criminal Matters Category‐wise Consolidate Position for Shariat 91 Matters at the Principal Seat and Bench Registries during the year 2006 10.8. Statement showing Pendency, Institution and Disposal of Cases at Federal Shariat 91 Court 10.9. Statement showing Pendency, Institution and Disposal of cases of Lahore High 92 Court 10.10. Statement showing Pendency, Institution and Disposal of Cases of Peshawar High 92 Court 10.11. Statement showing Pendency, Institution and Disposal of Cases of High Court of 92 Sindh 10.12. Statement showing the Institution, Disposal and Balance of Criminal, Civil and 92 Family Cases of Judicial district in Sindh for the month of April 10.13. Statement showing Pendency, Institution and Disposal of Cases of High Court of 93 Balochistan 10.14. Statement showing Pendency, Institution and Disposal of Cases of Federal Service 93 Tribunal during 2006 11. Commission’s Website 95 12. Procedure of Selection of Projects 95 13. Commission’s Finances 96 14. Other Activities 96 15. Legal Discovery Centre 99 16. Relations with other Law Commissions 99 17. Annexure 100 17.1. Former Chairmen of the Commission 100 17.2. Former Secretariats of the Commission 100 17.3. Former members of the Commission 100 17.4. List of Reports 104 17.5. Pending Projects 17.6. Papers Completed by the Secretariat 17.7. Papers on which work is in progress 108 17.8. Public Awareness Program 114 17.8.1. Recent Publication 114 17.8.2. Volume 1 117 17.8.3. Volume 2 118 17.8.4. Volume 3 120 17.8.5. Volume 4 121 17.9. Officers & Staff of the Secretariat 122 17.10. Address of other Law Commissions 124 3 Foreword I am glad that the Secretary, Law and Justice Commission of Pakistan is publishing the Annual Report 2007 of the Law and Justice Commission of Pakistan (LJCP) and the National Judicial (Policy Making) Committee (NJPMC). The report provides a detailed insight into the activities of the Commission and NJPMC during the preceding year. The Commission performs critical functions to reform and modernize the legal system and formulate effective and workable policies to strengthen the system of administration of justice. During the year 2007, many legal / judicial reform proposals were formulated and forwarded to the Government for implementation. It is only through a reformed legal system with an efficient system of administration of justice that governance can improve. It is necessary to expedite the trial proceedings so as to provide expeditious relief to the litigant parties. Laws have to remain under constant review with a view to addressing the challenges thrown by developing societies, struggling to improve the quality of life of its citizens. An effective and efficient judicial administration strengthens good governance, which is essential for economic development and social progress. Under the public awareness scheme, the Secretariat of the Commission took efforts to disseminate legal literacy to promote rule of law, awareness of rights and responsibilities and protect the rights of citizens, in particular the vulnerable groups such as women, children and labourers, etc. In this regard, very recently the Commission published the fourth volume of its publication titled Qanoon Fahmi. During the year the Secretariat of the LJCP published the Judicial Statistics of Pakistan providing data on disposal and pendency of cases in Supreme Court, Federal Shariat Court, High Courts as well as Subordinate Courts. The Secretariat has also published the report regarding the performance of Special Courts and Administrative Tribunals functioning under administrative control of Federal and Provincial Governments. I appreciate the dedicated efforts of LJCP Secretariat in carrying out the functions and responsibilities of LJCP/NJPMC. I hope the same level of dedication and efforts will continue in future also, so as to achieve the targets. (Justice Iftikhar Muhammad Chaudhary) Chairman 4 1. Introduction This Annual Report for the preceding year reflects the activities of the Law & Justice Commission of Pakistan (LJCP) and National Judicial (Policy Making) Committee (NJPMC). These two bodies held sessions from time to time to consider and approve various recommendations for reform of law and improvement in judicial system. The Commission approved 7 reports on various legal/judicial issues. The NJPMC also approved various steps/measures to further improve the functioning of the courts and address the issue of backlog, accumulated at various level of judicial hierarchy. It took steps, particularly, in the area curbing corruption in subordinate courts and expediting the trial proceedings so as to ensure quick dispensation of justice. The Secretariat organized National Judicial Conference in February 2007. The organization of National Judicial Conference was aimed at providing a forum for interaction amongst the judges of the superior courts and other related professionals e.g members of the bench / bar, legal academics, media person etc. In the Conference, the participants discussed crucial issues faced by the administration of justice like judicial independence, clearance of backlog in courts, writing quality judgments, alternate dispute resolution, public interest litigation and legal education. The recommendations formulated by the Conference are at various stages of implementation. During the year 2007, the Secretariat also organized four workshops on Access to Justice Development Fund (AJDF) at Islamabad, Karachi, Quetta and Peshawar. The workshops were attended by the participants representing judiciary, civil society organizations, legal academics, members of the bar and media. In these workshops, the discussion was primarily focused on introduction of AJDF, its management, operating procedure, format proposals, evaluation process and criteria for approval of projects. The object was to improve the disbursement of the AJDF through consultation amongst the stakeholders. The Commission welcomes interaction with research institutions, professional bodies, jurists, scholars, researchers and citizens on the issues of legal and judicial reform. Views, comments and suggestions for reform of law, improvement in administration of justice, standard of legal education and protection of human rights, can be forwarded to the Secretariat. (Dr. Faqir Hussain) Secretary 5 2. Law and Justice Commission & National Judicial (Policy Making) Committee: 2.1.The Statutes: The Government of Pakistan has constituted the National Judicial (Policy Making) Committee under an Ordinance (LXXXI) of 2002 to streamline the system of judicial administration in the country. This body provides a statutory platform to all the superior courts of the Federation and the provinces to jointly formulate and implement policies for judicial governance and improved service delivery in the judicial and legal sector. 2.2. Functions: The functions of the Commission are listed in Section 6 of the Ordinance. These include: 1. carrying out a regular and systematic review of the statutes and other laws of the land, with a view to improving/modernizing the same and bring it in accord with the changing needs of the society; 2. arranging the codification and unification of laws, so as to eliminate multiplicity of laws on the same subject; 3. removing inconsistencies between Federal and provincial laws; 4. simplifying laws for easy comprehension and suggesting measures to make the society law‐conscious; 5. introducing reforms in the administration of justice; 6. adopting simple and effective procedure for the administration of laws to ensure substantial, inexpensive and speedy justice; 7. recommending improvements in the quality/standard of legal education; 8. taking measures for developing human resources for efficient court administration and management of case flow; 9. co‐ordination between the judiciary and executive authorities of the Federal Government and provincial governments on administrative, financial and other related matters; 10. preparing and operating schemes for access to justice, legal aid and protection of human rights; 11. managing the Access to Justice Development Fund; and 6 12. the Federal Government or any provincial government may seek the opinion and advice of the Commission on any matter relevant to its functions.
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