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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

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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

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

This list includes the new functions, which have been entrusted to Law and Justice Commission vide the amendments made to Law Commission Ordinance in 2002. The Commission is required to publish an annual report of its activities and such other periodic or special report as may be recommended for reformation of the legal/judicial system. The reports are submitted to President of Pakistan.

The National Judicial (Policy Making) Committee has been entrusted with the following functions:

1. improving the capacity and performance of the administration of justice;

2. setting performance standards for judicial officers and persons associated with performance of judicial and quasi‐judicial functions;

3. improvement in the terms and conditions of service of judicial officers and court staff, to ensure skilled and efficient judiciary; and

4. publication of the annual or periodic reports of the Supreme Court, Federal Shariat Court, High Courts and courts subordinate to High Courts and Administrative Courts and Tribunals.

The Committee is required to publish an annual report of its activities and such other periodic or special reports, relating to its functions. The reports are submitted to President of Pakistan.

2.3. Composition: The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of Law & Justice, Chairperson, National Commission on the Status of Women and one representative from each of the four provinces. 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 a suitable person(s) as a member (s) for a specified period to perform specified functions.

The National Judicial (Policy Making) Committee is headed by the Chief Justice of Pakistan and includes Chief Justice, Federal Shariat Court, and Chief Justices of four provincial High Courts. The Secretary, Law & Justice Commission is designated as Secretary to the Committee.

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2.4. Library & Computerization:

The Commission has its own library with a collection of more than 5000 reference books and law reports. The staff has also access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission i.e. its composition, functions, reports already approved/published and pending projects. The courts annual reports for the year since 2001 are also hosted on the web.

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2.5. Bio data of Members:

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

Chairman Mr. Justice Iftikhar Muhammad Chaudhry

Personal: Name : Justice Iftikhar Muhammad Chaudhry Designation: Chief Justice of Pakistan

Mailing address: Supreme Court of Pakistan, Constitution Avenue, Islamabad.

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B.A, LL.B. Educational Qualification:

Professional Experience/ 1) Started Practice as Advocate in the year Posts held 1974 2) Enrolled as Advocate, High Court in the

year 1976 3) Enrolled as Advocate, Supreme Court in

the year 1985 4) Appointed as Advocate General, Province

of Balochistan in the year 1989. 5) Elevated as Addl: Judge, High Court of

Balochistan in the year 1990 6) Appointed as Chief Justice, High Court

of Balochistan on 22nd April 1999. 7) Elevated as Judge, Supreme Court of

Pakistan on 4th February 2000. 8) Appointed as Chief Justice of Pakistan

on 30th June 2005. 9) Chairman, Law and Justice Commission of Pakistan, National Judicial (Policy Making) Committee, Federal Judicial Academy and Almizan Foundation.

1) Practiced as Advocate in all fields/ Experience/Activities: subjects i.e. Constitutional, Criminal,

Civil, Tax, Revenue, etc. 2) Elected as President, High Court Bar

Association, Quetta. 3) Elected twice as Member, Bar Council. 4) Besides functioning as Judge High Court of Balochistan, performed as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge. 5) Appointed as Chairman, Balochistan Local Council Election Authority in the

Year 1992 and again in 1998.

6) Appointed as Chairman, Provincial Review Board for the Province of Balochistan on

the recommendations of Hon’ble Chief Justice of Pakistan. 7) Appointed twice as Chairman of Pakistan Red Crescent Society, Balochistan by Government of Balochistan. 8) Nominated by Hon’ble Chief Justice of 10

Pakistan as Chairman, Enrolment Committee of Pakistan Bar Council. 9) Appointed as Judge Incharge, Supreme Court Staff Welfare Committee by the Hon’ble Chief Justice. International visits. 1) Visited San Francisco in connection with Conference on ADR. 2) Attended 22nd Biennial Congress on the Law of the World held in Beijing & Shanghai, China in September, 2005. 3) Participated in the International Conference and Showcase on Judicial

Reforms held in Manila, Philippines in November, 2005. 4) Visited United Kingdom in February, 2006 in connection with The UK‐ Pakistan Judicial Protocol on Child.

Members Barrister Makhdoom Ali Khan, Attorney General For Pakistan. (January 2007 to July 2007)

Graduate in Law from University of Karachi, Pakistan and University of Cambridge, England; LL.M. from London School of Economics and Political Science, England; Enrolled as Advocate, High Court of Sindh, 1977; Barrister, England & Wales, Society of Lincoln’s Inn, 1978; Enrolled as an Advocate, Supreme Court of Pakistan in 1989 and Senior Advocate Supreme Court of Pakistan in 2001; Lecturer in Law, University of Keele, England, 1979 ‐1980; Professor of Law, Law Faculty, University of Karachi; (S.M. Law College) 1980‐88, Attorney General for Pakistan since 24th September 2001.

Malik Muhammad Qayum Attorney General For Pakistan Since July 2007

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Mr. Justice Haziqul Khairi , Chief Justice, Federal Shariat Court.

Mr. Justice Haziqul Khairi was born in Delhi on the 5th day of November, 1931 in a literary family. He is the son of late Mr. Raziq‐ul‐Khairi, Editor “ISMAT’ and grand‐son of late Allama Rashid‐ul‐Khairi, an outstanding social reformer and reputed writer of Urdu Language. He got early education at Anglo‐Arabic Higher Secondary School, Darya Ganj Delhi and in Karachi where he migrated with his family on partition of India. He graduated in Arts in 1954 and got Master’s Degree in Political Science and LL.B in 1956 from the University of Karachi.

Justice Khairi joined the legal profession on 23.01.1957, enrolled as an Advocate of the erstwhile High Court of West Pakistan on 15.04.1959 and of Supreme Court of Pakistan on 30.03.1970.

Justice Khairi was elected as Honorary Secretary, Pakistan Writer’s Guild (1966‐1969) and under its auspices organized the First Copy Right Conference in Pakistan. He is short story writer and play writer. He is the Chairman, Thinker’s Forum (Hamdard Shura) Karachi, Chief Patron SAARC Health Pakistan, Member Syndicate, Baqai Medical University, President, Central and West Asian Studies, University of Karachi, Member of Trustees Transparency International (Pakistan), Member, Human Rights Commission of Pakistan and President, Anglo‐Arabic School and College Old Boys Association.

Justice Khairi was elected as Honorary Secretary, Sindh High Court Bar Association for the year (1972‐73) and Member, Sindh Bar Council (1979‐83). He was the Principal, Sindh Muslim Law College, Karachi (01.05.1981 to 09.09.1988) and organized First Conference on “Role of Ombudsman” in 1982 at the College. He was a member of Academic Council, Faculty of Law, Board of Studies in Law and Convener “Syllabus Committee” for LL.B & LL.M. (1984) of University of Karachi. He introduced LL.M. classes in Sindh Muslim Government Law College in 1983.

He was elevated as Judge, High Court of Sindh on 10.09.1988, appointed as Provincial Ombudsman (Sindh) Pakistan on 25.09.1999, Member, Council of Islamic Ideology Government of Pakistan on 15.06.2004 and Chief Justice, Federal Shariat Court of Pakistan on 5.6.2006.

Justice Khairi attended (i) The external Sessions of the Hague Academy of International Law on “Public International Law” at Tehran in 1970, (ii) Seminar on “Private International Law” at the Centre for Studies in Law at the Hague Academy of International Law at the Hague in 1971, (iii) Seminar on American Law & Legal Institutions at Salzburg (Austria) in July, 1985, (iv) SAARC Law Conference at Colombo, Sri Lanka in 1993, (v) Asian Ombudsmen Conferences at Manila and Tokyo and Beijing 12

in 2000, 2001 and 2002 respectively, (vi) Institute of Science, Technology and Civilization affiliated to the International Islamic University Malaysia in 2006.

Ex‐officio: Member, National Judicial Policy Making Committee, Member, Law & Justice Commission of Pakistan, Member, Advisory Board of the Al‐Mizan Foundation, Member, Administration Committee of Al‐Mizan Foundation, Member, Board of Governor, Board of Trustees, Council of Trustees and Selection Board of the International Islamic University, Islamabad.

Mr. Justice Iftikhar Husain Chaudhry, Chief Justice, Lahore High Court.

Mr. Justice Iftikhar Husain Chaudhry was born in 1946 in a renowned family of Jhelum, Punjab, having a long history of public service. He was educated in Jhelum and Lahore. He studied Law in the Punjab University Law College, Lahore and passed LL.B. Degree examination in first Division in 1970. He worked with his elder brother Chaudhry Altaf Hussain, an eminent and leading lawyer of the region, who became Governor of the Punjab twice. His Lordship started practice in Lahore High Court, Lahore in 1979. He shifted to Rawalpindi in 1981 when Rawalpindi Bench of Lahore High Court was established. He remained Federal Government’s Counsel, Standing Counsel and Deputy Attorney‐General for Pakistan prior to his elevation as Additional Judge of Lahore High Court on 7th August 1994. He was appointed as permanent Judge of the Court on 5th June 1995.

Having vast and varied experience of legal practice in major areas of law, he can ably deal with Constitutional, Criminal, Civil and Commercial cases which are brought to High Court and has rendered a large number of quality judgments in various branches of law.

He was appointed as 36th Chief Justice of Lahore High Court on 7th September 2002. He is computer‐literate and has widely traveled. His areas of interest are travel and studying history, culture and information technology.

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Mr. Justice Sabihuddin Ahmed, Chief Justice, High Court of Sindh.

Mr. Justice Sabihuddin Ahmad was born in 1949 at Hyderabad (Sindh), earlier education in different parts of the country, did M.A. from Punjab University in 1969 and LL.B. from Karachi University, participated in several inter‐collegiate debates and edited collage Magazine at Government Degree College Sukkur, Government College Lahore and S.M. Law College Karachi, Entered legal profession in 1972 in the chamber of Mr. Khalid M. Ishaque, a leading Advocate in Karachi. Practiced at the bar for 23 years and appeared before the Supreme Court in important civil and constitutional matters. Founder member of the Human Rights Commission of Pakistan and its Vice President (1987 – 1990). Participated in several International Conferences on Human Rights and allied issues. Contributed several articles to Newspapers and periodicals on constitutional and Human Rights Issues.

Elevated to the bench of the Sindh High Court on 11.1.1997. Participated in several International Judicial Conferences. Elected member of the International Advisory council of the International Centre for Promotion of Human Rights (Inter rights) and steering committee of the South Asia Forum legal education on gender issues. Member of Board of Trustee of Aga Khan and Board of Governor Hamdard University. Acting Chief Justice of the Sindh High Court since 28‐4‐2000, appointed as Chief Justice and took oath of office on 05‐4‐2005.

Mr. Justice Tariq Parvez Khan, Chief Justice, Peshawar High Court.

Born on 15th February, 1948 in the capital city of NWFP, Mr. Justice Tariq Parvez Khan got his education to the graduate level at Peshawar. He graduated in Law in 1971 from Faculty of Law, University of Peshawar and did his Master in Political Science in 1975. His track record is full of co‐curricular activities and distinctions. He was enrolled as advocate at the District Courts of Peshawar in 1972 and was licensed to practice at the High Court in 1975. After completing 11 years of practice, he was enrolled as advocate Supreme Court of Pakistan in 1983.

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During his career at the Bar, his lordship not only excelled professionally, but also manifested his leadership role. He was elected as President, Young Lawyers Association in 1978. Vice President of the Peshawar High Court Bar Association in 1980 and President of the High Court Bar Association in 1996.

His elevation to the bench in February, 1997 was an acknowledgement of his professional capabilities. During his tenure as Judge of the Peshawar High Court, his lordship remained member of the Administration Committee of the Peshawar High Court, member of the Peshawar University Syndicate, Chairman N.‐W.F.P., Bar Council's Enrolment Committee, member of the Election Tribunal, member and then Chairman of the Subordinate Judicial Services Tribunal.

His lordship has a deep insight on major legal issues and as follow up of his academic pursuits; his lordship is a visiting faculty member of the Federal Judicial Academy. He delivered discourses at different Workshops and Seminars including Provincial judicial Conferences.

He was elevated as Chief Justice of the Peshawar High Court on 5th April, 2005.

Mr. Justice Amanullah Khan, Chief Justice, High Court of Balochistan. .

Born at Quetta on 7th August, 1954. Matriculated from Cantt. Public School, Quetta in the year 1970; Passed the Intermediate Examination in the year 1972, BA in the year 1974 and MA in the year 1976 from F.C. College, Lahore; Passed the LL.B. Examination from Punjab University in the year 1980; Joined the Bar in January, 1981; Remained Vice President of Balochistan Bar Association in 1988‐89; Taught as honorary lecturer in University Law College, Quetta from 1989 to 1996; Remained President of Balochistan Bar Association in the year 1994‐95; Elevated as Judge of the High Court of Balochistan in February, 1997 and took oath of the Office of Chief Justice on September, 14, 2005.

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Mr. Justice (Retd) Qazi Mohammad Farooq. Supreme Court of Pakistan.

Law graduated from University Law College, Lahore in 1960; enrolled as Advocate in 1961; elected Secretary, District Bar Association, Abbottabad in 1962. Qualified Provincial Civil Service (Judicial) Examination in 1967 and served as Civil Judge, Senior Civil Judge, and Additional District and Sessions Judge; promoted as District and Sessions Judge in 1977. Attended the 1st Advanced Course in Shariah at the Institute of Shariah and Legal Profession, Islamabad and the Islamic University, Madina, Saudi Arabia; Served as Registrar, Peshawar High Court from January 1988 to September 1989. Elevated as Judge, Peshawar High Court in 1991. Attended course on Alternate Dispute Resolution in San Francisco (USA) in 1998. Appointed as Chief Justice, Peshawar High Court in May 1999. Elevated as Judge, Supreme Court of Pakistan on 4th February 2000.

Mr. Justice (R) Amir‐ul‐Mulk Mengal, Chief Justice, High Court of Balochistan.

Born on 3.4.1945 at Killi Mengal Nushki, District Chaghai; passed M.A. (Political Science) from University of Karachi; L.L.B. from Islamia Law College, Karachi in 1968; jointed as Advocate of Subordinate Courts in 1969; enrolled as an Advocate of High Court in 1972; elected as General Secretary of Balochistan Bar Association in 1972; unanimously elected as the President of Balochistan Bar Association 1979‐1983; appointed as Advocate‐General, Balochistan on 4th April, 1985; elevated as Additional Judge of High Court of Balochistan on 26.3.1986; confirmed as permanent Judge of the High Court of Balochistan on 26th March, 1989; appointed Member, Election Commission of Pakistan on 16th August, 1990 and remained as such till April, 1993; appointed as Chairman, Provincial Zakat and Ushr Council, Balochistan on 16th February, 1991 and continued as such till July, 1994; Chairman, Balochistan Service Tribunal from 1.7.1990 till date; appointed as Additional Labour Appellate Tribunal, Balochistan; Member Selection Board, University of Balochistan twice; nominee/Member Syndicate, University of Engineering and Technology, Khuzdar; Member, Board of Governors Federal Judicial Academy; Chairman of Sub‐Committee on Separation of Judiciary from Executive; remained as Member, Balochistan Subordinate Judiciary Service Tribunal; remained as Acting Chief Justice, Balochistan High Court from 2.11.1991 to 15.11.1992, 17.4.1993 to 28.4.1993, 27.4.1995 to 8.5.1995, 9.8.1995 to 24.8.1995 and 8.8.1996 to 28.8.1996; visited Islamic Republic of Iran with Delegation headed by Hon’ble Chief Justice of Pakistan from 7.9.1996 to 14.9.1996; appointed as Chief Justice High Court of Balochistan on 17th November, 1996. 16

Justice (Retd) Mansoor Ahmed, Secretary, Law, Justice and Human Rights. (Till 25th August 2007)

Graduate in Law from University of Sindh in 1965; Enrolled as an advocate in 1966; Advocate of the Lahore High Court in March 1972 and advocate of the Supreme Court in 1983. Did practice as an advocate for 36 years; Handled numerous cases of constitutional, criminal, civil and human rights in Superior Court in Pakistan; Appointed legal advisor to various Government Departments; appointed standing counsel for the Federal Government in 1992; Elected as President of Bar Association for the year 1992‐ 93; Appointed prosecutor in high profile accountability cases in 1996; Appointed as Deputy Attorney General for Pakistan in 1996 and remained as such upto May 2001. As a Deputy Attorney General defended and prosecuted state cases including criminal cases at the level of Supreme Court and High Courts of Pakistan; Elevated as Judge of the Lahore High Court on May 2001; Appointed Secretary Law, Justice and Human Rights Division while serving as a Judge of High Court.

Dr. Arfa Sayeda Zehra, Chairperson, National Commission on the Status of Women,

Education: Ph.D History, University of Hawaii, USA. M.A. Asian Studies. M.A. Urdu. B.A. Hons.

Work Experience: Chairperson, National Commission on the Status of Women Jan 2006 to date Member, Punjab Public Service Commission, Lahore 2002‐ 2005. Principal, Government College for Women, Gulberg Lahore 1989‐2002 Principal, Lahore College for Women, Lahore 1988‐1989 Vice Principal, Lahore College for Women, Lahore. 1985‐1988. Assistant Professor, Lahore College for Women, Lahore. 1972‐1984. Lecturer, Lahore College for Women, Lahore. 1966‐1972.

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Research & Publication: Written Research Papers/Articles on public interest issues which are published in National and International Magazines.

Mrs. Nasira Iqbal, Advocate.

Education: 1994 Diploma in Intellectual Property Laws, Punjab University (1st position) 1986 Master of Laws Cum Laude (Honours). Harvard Law School, USA. 1983 Master of Laws, PU (Distinction) 1975 Bachelor of Laws, PU (Distinction) 1960 Bachelor of Arts, Kinnaird College, ( 1st Position in University) 1958 Intermediate, Kinnaird College (National Talent Scholar) 1956 Matriculation, Queen Mary’s College, (National Talent Scholar)

Legal Experience Current: Till 20/11/2002 Judge Lahore High Court 1978‐ 1994 Advocate District Courts, High Court & Supreme Court of Pakistan 1995 Pakistan Delegate to Human Rights Commission, Geneva. Member Supreme Court Bar & Lahore High Court Bar Association Member of IUCN Commission for Environmental Law. Member Board of Graduate Studies, Punjab University Law College Member Advisory Committee British Council Advocacy Training Program Member Advisory Board, Hamdard School of Law Karachi. Adjunct Professor, Punjab University Law College, Lahore Adjunct Professor, Department of Women’s Studies, Punjab University, Lahore Honorary Legal Advisor, International Women’s Club, Lahore Legal Advisor & Vice Chairperson, Legal Affairs APWA, Punjab Member Pakistan Women Lawyers’ Association Convener, Fatima Memorial Legal Aid Centre, Shadman.

Non‐Legal Experience Current: Trustee Ferozsons Trust, Fatima Memorial Hospital & College, Shadman, Lahore, A 410 Bed Non‐Profit General Hospital, Medical, Dental & Nursing College. Chairperson Board of Trustees, Bhandara Foundation. President Punjab Mental Health Association. Member Board of Governors Queen Mary College, Lahore. Member Board of Studies, Women’s Studies Department, Punjab University. Member Interfaith Dialogue Austria, Jordan And Women’s Peace Initiative USA Member Hamdard Majlis‐e‐Shoora. Member Zanana Dar‐ul‐Shafqat, and Darul Aman, Anjuman‐e‐Himayat‐e‐Islam, Lahore. 18

Member Punjab Managing Committee SOS Children’s Villages. Lecture Tours, Conferences and Seminars. Lectured on Women’s Rights and Development in Pakistan, Canada, USA, India, China, Kuwait, Dubai, Austria. Presented papers at International Christian‐Islamic Round Table, Vienna (Austria) 1992, 96, 2000, 2004. Amman 1993, Chesham 1996, Seminars on Women’s Rights: Australia 2000, Cairo 2001, Global Peace Initiative Geneva 2002. Norway & Cochin (India) 2003. Bosnia, Romania, National Defence College, Islamabad, International Access to Justice Conference, Islamabad, Several Aurat Foundation Seminars 2004‐5, Law Reforms Seminar Lahore 2004, Islamabad 2005. Focus Pakistan Seminar on Enhancing Pakistan’s Image by Empowering Women. Lahore. (2005), International Conference on Women’s empowerment 2005.

Mr. Abdul Qadir Halepota, Advocate.

Born (1st March 1932) at Hyderabad Sindh; participated in All‐Pakistan English debates during School and College days and won number of prizes; B.A. (Hons.) 1953; L.L.B. (1956) securing 3rd position in Sindh University; (having passed L.L.B earlier as permitted previously); Joined Legal profession (1953); Advocate, Sindh Chief Court (1954); Established flourishing practice; Was Member, Divisional Council, Hyderabad (1966); Legal Adviser, Sindh University for number of years, Hon: Legal Adviser, Mehran Arts Council and Shah Abdul Lateef Bhitai Cultural Centre Committee; Lecturer Government Jinnah Law College, Hyderabad; Member Governing Bodies of Sindh Law College and Jinnah Law College, Hyderabad, Member, Advisory Committee, Pakistan National Centre, Hyderabad, Past President, Hyderabad District Bar Association (1974‐ 75 and 1975‐76); Ex‐Judge High Court of Sindh; Nominated as Member Board of Governors for Law Colleges in Sindh except Karachi; Nominated by the Chief Justice of Pakistan as member Board of Governor Federal Judicial Academy Islamabad w.e.f. 28.11.1989 for three (3) years. In February 1999; appointed as Member Board of Governors for Law Colleges in Karachi; Was Member Pakistan Law Commission, Government of Pakistan; Appointed Provincial Minister for Law, Human Rights, Social Welfare and Women Development in Government of Sindh from April 2002 to December 2002; Presently working as Honorary Chairman of the Legal and Consultative Committee, Government of Sindh with among other, the Provincial Law Secretary and Advocate General Sindh as Ex‐Officio members of the said Committee; Appointed as member Law & Justice Commission of Pakistan w.e.f. 13th August 2005.

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Dr. Faqir Hussain Secretary Law & Justice Commission of Pakistan

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 Fellowship at the School of Oriental & African Studies, Universities of London.

Is the author of two books, namely, (1) Personal Liberty and the Law of Preventive Detention in Pakistan and (2) Electoral Reforms in Pakistan, Contributed Chapters to various other books published inland / abroad. Prepared 10 reports and published over 40 papers in various research journals. Attended over 100 national / international conferences / workshops and has travelled extensively within the country and abroad.

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2.6. Commission’s Secretariat: The Secretariat of the Commission is established under Section 5 of the Law & Justice Commission of Pakistan Ordinance. It is part of the Federal Secretariat and is headed by a Secretary and comprising other officers and staff. The functional strength of the Secretariat consists of a Secretary, three Joint Secretaries, four Deputy Secretaries, MIS Manager, five Research Officers and other support 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

System Research Research Research Analyst Research Officer I Officer Fund Officer III Research Officer IV Officer II Computer Programmer I S. O. Law S. O. Fund Research Officer V Supdt. Res. & Ref. Computer Programmer II A A O Computer Supdt. Admin Operator

Admin Section

Librarian

Library

Protocol

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. These posts have been filled.

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3. Performance of the Commission and NJMPC in 2007:

3.1. The National Judicial Conference 2007 The National Judicial Conference (NJC) marks an important event in the judicial history of Pakistan. NJC has taken place in the backdrop of functioning democratic institutions in the country and the ongoing reform process of the Federal and Provincial Judiciary under the Access to Justice Programme. NJC offered a unique opportunity to the judges of the Superior Courts, members of the Bar and other professionals to interact, share experiences, and crystallize issues, faced in the administration of justice in the

country Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan, addressing the Inaugural Session of the National Judicial Conference.

. at all levels. The paramount importance of holding the Conference lies in identifying the future role of the system of the administration of justice in the light of existing and 22

emerging problems and to undertake short‐term and long‐term planning for legal and judicial reforms.

4.2. Objectives of Conference The objective of Conference is to discuss and formulate plans and strategies to: • Identify issues and problems confronted by the judicial system; • Facilitate NJPMC, in exercising its functions including devising coherent and workable judicial policy that aims at improving the performance of the courts through effective participation of the entire judiciary, the prominent members of the Bar as well as other stakeholders; • Meet the needs of the new and evolving governance paradigm which lays emphasis on improved governance through an institutionalized effective system of legal and judicial administration; • Ensure optimal utilization of resources currently being provided to the judiciary, under the Access to Justice Program; • Suggest ways to improve quality of judgments; • Promote and strengthen the rule of law; • Encourage the use of ADR and promote Public Interest Litigation; • Explore opportunities to enhance citizens’ access to justice, particularly of the vulnerable social groups such as poor, women, children, laborers and minorities; and • Restore and strengthen public confidence in the administration of justice through judicial independence, impartiality and capacity to deliver fair, quick and economical justice.

4.3.Themes Although ‘singular theme’ conferences and seminars are focused and result in better quality outputs, this Conference was proposed to have a multi‐theme format to address issues enumerated in the conference objectives. This was an appropriate and deliberate strategy to achieve maximum benefit from this pioneer event, which 23

afforded a rare opportunity for joint consultation among members of the superior judiciary. The themes were: 1) Delay Reduction: Issues & Strategies 2) Alternative Dispute Resolution (ADR) 3) Improvements in Quality of Judgments 4) Public Interest Litigation 5) Legal Education 6) Judicial Independence

Delay Reduction: Issues & Strategies The delays in dispensation of justice is a chronic problem and has been the main issue before the successive Law Reform Commissions set up from time to time. The delay has tormented the litigant public to an extent that today even those with meritorious claims are reluctant to go to the courts for the redress of their grievances. Several reasons have been put forward for this sluggish performance of the judicial sector, particularly the subordinate courts, ranging from infirmities in the judicial governance and administration to the weaknesses in the legal education, weakly disciplined legal profession, incompetent investigation and prosecution, lack of citizens’ access to justice and legal information, to the inadequate justice sector resource allocation. However, as mentioned before, the issues not directly connected to or within the control of the courts, i.e. relating to the investigation and the prosecution, remedial steps thereof and any impact on delay reduction would also be deliberated upon. Likewise, the issue of inadequacy of resource allocation would also be discussed to ensure adequate finances to the justice sector.

This delay not only denies timely justice to those entitled to it but it also creates perverse incentives for the unscrupulous elements to abuse the process of law; and such trends are discernible from the quantum of frivolous litigation that goes on in Pakistani courts where the intent is to harass the other party or merely to cause delay. Another indicator to bear out this massive abuse is the large number of cases that are abandoned in early litigation and do not reach the decision stage. 24

The impact of this systemic inefficiency is catastrophic. It has led to the sliding of many low middle income families into the poverty trap and continues to keep many others from moving out of this vicious circle. The delay, in addition to exacting the cost in terms of loss of time, creates opportunities for corruption and is a source of serious squeeze on the incomes of the poor. The dice of litigation in Pakistani courts is heavily loaded against the poor and in favor of the rich with greater holding power, both in terms of money and influence.

This state of affairs is neither in the interest of the poor litigant nor in the interest of a business house; both demand speedy justice. And the cost of delay to the society is enormous. As mentioned earlier, the poor may not knock at the doors of justice and may settle for unjust and socially less than optimal decisions (with consequences for the social order not always immediately apparent); and the rich may not be willing to invest in a jurisdiction where the delay and unpredictability do not guarantee economically feasible outcomes. These individually rational decisions of the rich and the poor ensure continuation of a repressive and exploitative environment which does not allow the country to extricate itself from the clutches of poverty and embrace social harmony and a decent economic growth trajectory. At the conference, the participants are expected to look at the issues and matters and hold a threadbare discussion for effective delay reduction strategy.

Alternative Dispute Resolution (ADR) The term "alternative dispute resolution" or "ADR" is often used to describe a wide variety of dispute resolution mechanisms that are alternative to full‐scale court processes. The term can refer to everything from facilitated settlement negotiations in which disputants are encouraged to negotiate directly with each other prior to some other legal process, to arbitration systems or mini‐trials that look and feel very much like a courtroom process. Processes designed to manage community tension or facilitate community development issues can also be included within the rubric of community based ADR. 25

ADR systems may be generally categorized as negotiation, conciliation/mediation, or arbitration systems. Negotiation systems create a structure to encourage and facilitate direct negotiation between parties to a dispute, without the intervention of a third party. Mediation and conciliation systems are very similar in that they interject a third party between the disputants, either to mediate a specific dispute or to reconcile their relationship. Mediators and conciliators may simply facilitate communication, or may help direct and structure a settlement, but they do not have the authority to decide or rule on a settlement. Arbitration systems authorize a third party to decide how a dispute should be resolved.

Two kinds of ADR have been practiced in Pakistan; traditional ADR and public bodies based ADR. The formal refers to the traditional, centuries old system (which was good for simple cases but when it came to status quo issues, would readily succumb to elite capture) including Panchayat (in Punjab) and Jirga (in NWFP and Balochistan). The later includes the ADR attached to public bodies and included Arbitration Councils, Union Councils and Conciliation Courts. Arbitration Councils were confined to issues of divorce, permission for second marriage, and maintenance for existing wives. Union Councils provided the arbitration forum (through elected councilors) under Muslim Family laws Ordinance 1961 and looked after a few selected family related issues. Conciliation courts were established under Conciliation Courts Ordinance 1961 and were vested with limited civil/criminal/pecuniary jurisdiction. Majority of the above initiatives were rendered ineffective as the local councils (which had an important role in these forms of ADR) were dissolved frequently and no clear strategies for capacity building of the members of these bodies were ever formulated.

Recent Initiatives regarding ADR in Pakistan a. Code Of Civil Procedure (CPC) which is the primary procedural law for civil matters in Pakistan , has been amended (under AJP) for providing enabling mechanism for Court Annexed ADR in Pakistan (Section 89‐A) 26

b. Small Claims and Minor Offences Courts Ordinance 2002 has been promulgated for providing exclusive forum (at the district level) for facilitating the resolution of smaller disputes. This law also provides ADR mechanism for facilitating the resolution and settlement of disputes within the framework of the formal court system. This could be transformed into an excellent forum for addressing disputes in the emerging justice sector in Pakistan; c. Under the Access to Justice Program, the review of Arbitration Act represents a significant policy action. This review needs to be undertaken and capacity building initiatives put in place to promote effective arbitration regime in Pakistan. d. A new local government system has been introduced in Pakistan, establishing elected local governments at the level of Union Council, Tehsil (Sub District Level) and the District level. The institution of Musalihat Anjuman (literally meaning conciliation forums) has been provided at the level of Union Councils for dispute resolution through ADR (including conciliation, mediation and arbitration). The finalization of the rules of Business for these bodies is essential to popularize the use of ADR.

The conference will explore the opportunities to promote and encourage use of ADR and highlight its importance in strengthening good governance.

Improvement in the Quality of Judgment Judgment is the outcome of evaluation of facts and evidence submitted by the court. A well written and succinct judgment based on thorough analysis of facts and law is not only proof of the intellectual strength of a judge but also reflects the quality of the judicial system. In Pakistan, the art of writing a good quality judgment remains an ongoing challenge as courts are faced with rising litigation, backlog and inadequate research facilities. Under the circumstances where courts lack human, financial and technical resources, the challenge of ensuring quality of judgment becomes quite a critical challenge. 27

The issue of writing a quality judgment is not merely important in improving the efficiency of judicial performance but it also plays an important role in gaining public trust in the justice system. It further provides evidence of professional standards in maintaining the reputation of the court in dispensing justice as litigant public expect a just, fair and quality justice and much depends on the content, structure and presentation of facts the key elements in judgment writing processes.

Many research studies conducted in the past have underlined the need for quality judgment by superior courts to explain and elaborate the Constitution and interpreting other statutory laws. There is pressing need to develop jurisprudence. Art of writing a judgment is contingent on the knowledge, skills and expertise of the judge. The process of writing a judgments involves not only close attention of the judge but also the experienced professional court staff to assist the court in delivering a judgment which clarifies ambiguities, if any, to help develop jurisprudence.

Also the issue in hand is linked with strength of the constitutional framework and the legal system as good judgments will contribute to the image and perception associated with the justice delivery process. A judge delivering a quality judgment will do a great service and enhance the outlook of judicial system by securing quality. Clearly, unless judgments are drafted, formulated and presented in a just, succinct, and accurate manner, the process of dispensation of justice will suffer invariably. The reform efforts must mobilize technical and financial resources towards improvement in the quality of judgments at the level of constitutional courts.

An important strategic intervention to improve the skills and techniques for writing a good quality judgment entails the provision of adequate research facilities so that judges are equipped with trained staff well versed in assisting the judge with modern research techniques.

The conference provided an apt opportunity to suggest ways and means to enable the 28

superior courts in particular the Supreme Court to give time to hear important cases so that quality of judgment could be maintained. Drawing on their years long expertise, knowledge and skills, the participants examined the issues related to quality of judgment in the light of their association with judgment writing process. With the valuable input coming forth from worthy judges, prominent jurists, distinguished lawyers, the conference has came up with key recommendations to improve the quality of judgments at the level of the superior courts.

Public Interest Litigation Public interest Litigation, in simple words, means, litigation filed in a court of law, for the protection of "Public Interest". The concept of Public Interest Litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main focus of such litigation is only "Public Interest" there are various areas where a Public Interest Litigation can be filed. e.g.

• Violation of basic human rights of the poor or the vulnerable groups; • Content or conduct of government policy; • Compel public authorities to perform a public duty; and • Violation of basic fundamental rights.

Public Interest Litigation is a desirable and indeed selfless and noble undertaking. It helps deliver civic justice through speedy, adequate and effective redress upon violation of constitutionally guaranteed rights. Public Interest Litigation is meant to protect the rights of public as it brings questions of public importance before a court of law which otherwise may not have been the case and the abuse underlying public interest litigation might have remained unaddressed.

Notwithstanding the need and urgency to take up issue of public interest through exercise of judicial activism, the notion of public interest litigation should be encouraged and promoted in respect of legal rights; because it is not always possible for vulnerable individuals to litigate to protect their public rights. 29

It is an established fact that Public Interest Litigation strengthens the rule of law, furthers the cause of justice, helps in securing civil liberties and accelerates the pace of realization of the constitutional objectives. In Pakistan, the phenomenon of Public Interest Litigation is gaining currency as is evident by a number of important cases where Supreme Court of Pakistan has delivered important verdicts by taking suo moto actions. Nonetheless, in exercising jurisdiction, the court must be careful to remain within the allotted sphere and should not interject into the domain of executive or legislation.

At the conference, the experts deliberated upon the benefits/merits of Public Interest Litigation and recommended measures to further promote it including the need to draft rules, determine procedural requirements and raise public awareness on the subject.

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Legal Education The modern day society is experiencing fundamental institutional changes due to ever changing global trends and transformations compelling the government machinery to change its outdated practices, procedures and approaches. The legal education sector is no exception. No doubt, the system of legal education assumes a critical significance in ensuring a stable, orderly and just social order. To substantiate the need for reforms in legal education, many a Law Commission reports have emphasized, from time to time, that access to justice can not be improved without substantial improvements in the quality of legal education. When lawyers, judges, legal scholars, governmental legal official and other law trained personnel are not well‐trained in performing their jobs professionally, they become a hindrance rather than supporter to the delivery of justice. Recently, the Supreme Court taking notice of the abysmally low quality of legal education imparted by the public and private law colleges issued directions for proper planning of syllabi and teaching of law subjects to raise the standard of legal education.

The law students of today are the judges and lawyers of tomorrow. In fact, the performance of the justice sector is dependent on the quality of their professionalism, skills and knowledge. Thus there is a strong linkage between the quality of human resources available to judiciary and the functionality, integrity and legitimacy of the courts system. In Pakistan, the legal education system has not received the kind of attention it deserves. In the past, no serious effort has been made to reform the key areas of legal education particularly the underlying structural issues. A weak system of legal education has therefore continued to render deleterious impact on state of justice service delivery in the country. As a result, the economic development and overall performance of system of governance have been adversely affected.

Moreover, the progress on the development and implementation of professional standards in legal education system has been abysmally slow. There is need to see what makes it difficult for us to introduce professional standards in legal education. Most law colleges are run without any independent charters with part time faculty. 31

Institutional arrangements for budgeting, accounting, and financial management are poor. All these issues necessitate formulation of a uniform legal education policy. Innovative methods and activities will indeed help law students not only in enriching their knowledge but also enhance their learning capacity, make informed decisions and participate effectively in the justice system. These activities are expected to eventually contribute to ensuring that country has an accessible and responsive justice system that meets the needs of its citizens.

The conference discussed the state of legal education in Pakistan in greater detail in view of the new and emerging trends in legal scholarship methodologies. Participants engaged in a constructive discussion about the growing realization to focus on promoting innovations in legal education.

Judicial Independence The Judiciary acts as an arm of government and not as an opposition to the Legislature or the Executive but it has to be bold enough to set and declare the constitutional limits of the Legislature and the Executive. The Judiciary keeps watch and ward over the Constitution, rigid or flexible, written or unwritten. Judiciary stands between the State and the individual to supervise a regime of the Rule of Law and not the rule of men. Judiciary exists to ensure and act as a custodian and bastion of liberty and stands for the dignity of the individual which is also the guardian of the Constitution as it is rightfully described as the citadel of Justice.

Independence of judiciary has more than one aspect and some of them are as follows;

a) Lack of interference in the administration of justice; b) Absence of interference in causes or matters before the Courts; c) Provision of adequate resources to the courts; d) The personal integrity of the Judge; 32

e) The Executive should not be allowed into a situation which enables or offers the Executive the temptation to exert pressure on the Judiciary; f) Appointing process in judiciary must ensure to select men and women of the requisite caliber and integrity to the Bench; g) Promotion Process is to ensure that those who make the grade are not frustrated by arguments of seniority –the progressive Judges should not be held back by those who grow stale on the Job; h) Discipline Process needs to allow those who do not make the grade to honourably make way for those who are prepared to get on. The process should weed out the bad and thus leave the character of the Judiciary as a whole unblemished; The process if wisely used would avoid the disgrace that attaches to removal; i) Removal Process in judiciary should be the last resort but must be resorted to on account of judicial impropriety or misconduct.

Competence and integrity of a judge can be measured through his/her performance on the bench. Public satisfaction with performance and integrity of judiciary is extremely important for the judiciary itself.

Power of judiciary viz a viz the government requires proper management. None of the three pillars of democracy, the executive, the legislature and the judiciary should be provided with unbridled powers. Our system of government is a democracy. Judicial independence is an essential pre requisite for a judicial system in a democratic society however not without judicial accountability. Ideally there should be an inbuilt accountability mechanism in the judicial system so that its independence and integrity is not comprised.

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4.4. Participants This conference provided a forum for judicial leadership represented by all the Superior Courts of Pakistan. Accordingly, invitations were extended to all Chief Justices and Judges of the Supreme Court, Federal Shariat Court and High Courts. In order to elicit constructive collaboration with the bar, the Attorney General, Advocates Generals, members of the Bar were also invited besides retired legal luminaries, respected legal researchers, prominent media persons and principals of law colleges. In all, about 150 participants were invited for the inaugural and closing sessions individually; while for the rest of the conference sessions, about 100 participants contributed and gave their input.

4.5. Conference Declaration & Recommendations In concluding sessions the Chairmen of the groups presented the recommendations of the groups. A declaration or resolution was also drafted on the basis of the key recommendations. The declaration of the Conference read out by the Chief Justice of Pakistan. The recommendations are converted into a comprehensive conference report, which shall be presented to NJPMC and LJCP for preparation of a consolidated actionable document. Finally, this report will be presented to NJPMC, LJCP, Federal Government, Provincial Governments and other stakeholders for consideration and implementation.

After the presentation of declaration and resolution by Chairmen of groups the Chief Justice of Pakistan/Chairman LJCP/NJPMC gave the concluding address in which he highlighted the key areas and issues identified by the different groups and endorsed some of the recommendations for their resolution. He also thanked the delegates, 34

members of NJPMC, staff of the LJCP who worked day and night to make this event a success and media for giving coverage to this historical event.

At the end the Secretary LJCP thanked the chief justice of Pakistan for taking such keen interest in holding this conference, hon’ble guests and delegates for their effective and active participation, members of NJPMC, chairmen of the groups, staff of the LJCP and media.

Declaration Delay Reduction It is resolved that procedural law particularly laid timeframes should be strictly followed. Techniques, skills and knowledge of judges in effective case flow management and use of ADR should be encouraged to reduce chronic delays. Court Automation Plan for the entire judiciary should be fully operationalized including standardization of case categories, clubbing and classification of cases. Frivolous 35

litigation should be discouraged though all available means including imposition of costs. Adequate court infrastructure and requisite human resources should be made available to the judiciary.

Alternate Dispute Resolution (ADR) The present infrastructure of the judiciary should be strengthened to facilitate the parties to use the good offices of the existing courts for ADR. Section 89‐A of CPC should be amended to the effect that resort to ADR be made binding on the litigant parties and the court should facilitate them in the process. The judiciary may embark upon setting up a specialized system at all levels to provide a list of available mediators, consultants and experts to provide ADR services. Awareness campaign about ADR should be initiated. The Bench and the Bar should play their part to promote ADR. A compulsory course of ADR should be made part of LLB degree course in the country. The existing Local Government System of Anjuman‐e¬Musalihat should be made easily accessible, gender sensitive and genuinely participatory without changing the existing nomenclatures so that people at large can comfortably identify with these being indigenous instruments of dispensation of justice.

Improvement in the Quality of Judgment Skills and knowledge of judges should be enhanced for producing well written and succinct judgments based in thorough analysis of facts and law. Research facilities along with adequately resourced law enable the reader to acquire knowledge of principles and application of law. The judgments of the superior courts should be archived online and made available free of cost. The capacity of judicial academies should be strengthened in order to undertake imparting of innovative methods and techniques for quality judgment writing. Exposure of judges to the international best practices in writing quality judgments should be arranged through workshops, seminars and conferences, both within the country and abroad. The curriculum of legal education institutions should be structured in a manner so that law students can appreciate drafting and delivery of quality judgments. 36

Pubic Interest Litigation Urgent steps are required for initiating mass awareness campaign following the principles of civil and political rights about public interest particularly through media, conferences and seminars. Civil society should be mobilized aimed at public interest litigation advocacy. The Courts should ensure widespread publicity of public interest litigation directives through media and other sources. The High Courts and Supreme Court should give remedies to the suffering masses by relaxing the rules providing justice to all, as they being the guardian of the legal rights. The Bench and the Bar should demonstrate greater understanding and cooperation for taking up cases of the public interest litigation. Rules and procedures should be formulated to promote public interest litigation should also take all possible initiatives to see that frivolous litigation is nipped in the bud. Human right cells should be established within the court premises so that a common man can be facilitated to have access to justice. Scope of ombudsman working must be extended and utilized as an effective agency to advance the cause of public interest litigation.

Legal Education The standard of Legal Education must be brought at the level of education in the advanced countries. The Semester system of examination should also be introduced in the field of Legal Education. The syllabus and curriculum needs over‐hauling to help aspiring lawyers in their role of problem solvers, arbitrators, counselors, negotiators and administrators. The syllabi should also include subjects like human rights, gender issues, ADR, WTO and globalization. In addition to the substantive and Procedural Law, the Legal Institutions should teach Clinical Legal Education to make the students understand practical problems and social injustice. The students should be encouraged to provide Legal Literacy through Legal Aid Clinics on various issues such as gender discrimination, domestic violence, child rights and environmental issues. The Higher Education Commission should undertake responsibility of establishing Public Law Universities for Higher Education to improve the Legal Education. The Legal Education must be controlled and regulated by law under the supervision and control of Judicial 37

Policy Making Committee with the assistance of Bar Councils. The three Organs of State i.e. Executive, Judiciary and Legislature should take effective steps for improvement in the legal education system. The law should be taught as an introductory subject at B.A. Level. A uniform Legal Education Policy should be formulated. There should be a proper monitoring and supervisory system to regulate the private law colleges in order to ensure quality education including capacity building and institutional development. The foregoing recommendations should be implemented within the framework enunciated in the Supreme Court judgment in the case of Pakistan Bar Council vs The Federal Government & others (Constitution Petition No.9 of 2005).

Judicial Independence An independent judiciary is regarded as an essential ingredient of democracy, stability in the system, peace and tranquility. The maintenance of law and order depend to a considerable degree on the interpretation of the Constitution and legislative instruments by the superior courts and its performance and operation. Professional standards should be followed for appointment of judges as prescribed in the Constitution. The security of the tenure of service of judges should be ensured as is defined under Article 179 and 195 of the Constitution. Terms of service of judicial officers should be defined along with a code of conduct which should be strictly adhered to. The salary of the judges should be commensurate with the scope of work and level of responsibility. The judges should be prohibited from earning an income through commerce in order to maintain the highest standards of decorum. Judiciary should not be made to depend for their administrative and financial needs, at the mercy of the executive and such steps should be taken to make it financially independent. For safeguarding judicial independence, it is of utmost importance that a Judge should have complete sense of protection; in case he fails to deliver on satisfactory decisions to the liking of the executive, he shall not be sacked. They must be assured that their judgments would not cause their removal from office, and also be completely free from apprehensions that their disagreeable views would lead to 38

undeserved punishment. The term of office should be fixed in a way that they can give their honest opinion in cases in which any other branch of the State is a party. Inbuilt methods of accountability should be made and observed so that such accountability powers remain within the structure of superior Judiciary. 39

4. Law & Justice Commission of Pakistan

Meeting Of NJPMC in Session 4.1. Activities of Law & Justice Commission during the year, 2007: The meeting of the Law & Justice Commission of Pakistan held at Islamabad on 27 July 2007

The Commission made the following decisions/recommendations in its meeting held at Islamabad on 27th July 2007

Amendment in the Majority Act 1875

The Secretary explained that under Section 3 of the Majority Act 1875 the age of attaining majority is fixed at 18 years, however, in cases where a guardian is appointed for a minor or the property of a minor is taken under the superintendence of a Court of Wards, the age of a majority of such minor ward gets extended under the law to 21 years, which is unfair and discriminatory. There is therefore a need to review the provision, so as to fix a uniform age of 18 years for attaining majority, irrespective of the fact as to whether a guardian is appointed or otherwise.

The Chairman enquired as to whether there exists any other law fixing age of majority of a person as 18 years and the Secretary informed that a study was conducted by the 40

Commission’s Secretariat on this issue and a report to this effect is appended to the working paper for consideration of the Commission. The Chairman responded that the Secretary should conduct a study to examine the desirability of prescribing a uniform age limit across the board for different functional requirements. The Chief Election Commissioner referring to serial No. 15 on the list pointed out that under the Child Marriage Restraint Act 1929 the age of the male is fixed as 18 years. He further stated that for having a driving license under the Motor Vehicle law the age of a person is fixed as 18 years. The Chief Justice, Federal Shariat Court informed that in the Partnership Act, a 6 months period is given to a person on attaining of the age of 18 years for his option to remain partner of a firm. The Chief Justice, High Court of Sindh expressed the view that under the Juvenile Justice System Ordinance 2002, a person is juvenile before attaining the age of 18 years. The Chief Election Commissioner stated that the Prohibition of Smoking Act permits the sale of cigarettes to a person above the age of 18 years. The Chief Justice, Peshawar High Court said that in the Citizenship Act 1951, the age of a person is fixed 21 years for the purpose of the Act. He further observed that there should be no disparity in the age of majority. The Chief Justice, High Court of Sindh stated that the age of 18 years is a standard age which may uniformally be the age of majority for various purposes. Mrs. Nasira Iqbal stated that in the Guardian and Wards Act and other laws, fixing the age of majority, may be examined for the purpose of prescribing a uniform age limit.

The Chairman observed that different laws fix different age limits for the purpose of such laws and the Commission is not touching the merits or demerits of fixing of such age limits but there is a need to examine the issue of bringing uniformity in the age of majority for various purposes. The Chief Justice, Federal Shariat Court observed that where the superintendence of property of a minor is taken by the Court of Wards, the age of 21 years may be fixed for majority so that the ward becomes mature to deal with his property. The Secretary responded that this provision might have some justification during the colonial era where large estates were owned by princes / jagirdars and after their death their children would not be able to adequately look after such vast property / estates, however in the present day, the estates of the colonial period have vanished, therefore, the provision requires to be reviewed. The 41

Commission, therefore, recommended that section 3 of the Majority Act 1875 be suitably amended to fix a uniform majority at the age of 18 years.

Amendment in the Guardian and Wards Act 1890

The Secretary explained that in section 6 of the Guardian and Wards Act 1890. It is mentioned that a minor ‘who is not a European British subject’, which, provision being old and having become redundant requires to be omitted from the Act. There exists no separate law applicable to European British subjects after creation of Pakistan therefore, the exception existing in the above provision of the Act need to be deleted. The Commission agreed to the deletion of the words “who is not a British European subject” from Section 6 of the Act.

The Commission further considered the discriminatory provisions contained in section 19 (b) of the Act providing that no guardian of minor be appointed by the court whose father, in the opinion of the court is not unfit to be guardian of a person of the minor. The above provision excludes the mother despite having a right to lawful custody of the minor. Mrs. Nasira Iqbal and Dr. Arfa Sayeda Zehra, members of the Commission stated that in the presence of mother having custody of a child no guardian of person of the child may be appointed, if the mother is not, in opinion of the court, unfit to be guardian of a person of minor. The Commission approved the proposed amendment in section 19 (b) and also in section 41 (e) of the said Act with regard to reference of mother of the minor therein.

Amendment of Section 250 Cr. P.C

The Commission examined the provision of Section 250 of the Code of Criminal Procedure 1898, prescribing certain amount for compensation to be paid by a complainant or informant to the accused, if a Magistrate is satisfied that the complaint or the information for proceeding against the accused was found false or frivolous or vexatious. The Chairman observed that the present amount of compensation earlier enhanced in the year 1980, has lost its value because of increase in rate of inflation. The Chief Justice, Federal Shariat Court observed that there is a tendency towards 42

false, frivolous and vexatious litigation in the society. The Commission, therefore, recommended the enhancement of compensatory costs provided in subsection (2) of section 250 Cr. P.C to be awarded by the Magistrate from Rs. 25000/‐ to Rs. 4000/‐ or if the Magistrate is a Magistrate of the Third Class it be enhanced from Rs. 2500/‐ to Rs. 3000/‐ and for the purpose of appeal under subsection (3) of section 250 the amount be enhanced from Rs. 50/‐ to Rs. 500/‐.

Mr. Justice (R) Amirul Mulk Mengal stated that alongwith private complainant or informant the state / prosecution agencies may also be brought into the check. The Chairman observed that the prosecution agencies like police, FIA, immigration, or Anti Narcotics agencies also file complaints which are later‐on found false or vexatious, and the accused person suffers the agony of prosecution / detention in prison by defending himself against the complaint against him. Therefore, the responsibility should also be fixed on the state agencies who resort to such nefarious practices. The Commission further added that courts awarding compensatory costs generally overlook false and frivolous complaints despite having been proved false, therefore, it should be made mandatory for the Court to award compensatory costs, if the complaint is proved false or frivolous.

The Chief Justice, High Court of Sindh expressed the view that the recovery of compensation through Collector as arrears of land revenue is also a problem as the Executive Officers are generally non‐cooperative in the recovery process of compensation, even though the complaint is found false. So, the Magistrate may be given a power to recover the compensatory amount from the complainant, which power may vest in the Magistrate. The Chairman observed that the amendment as proposed may be carried and suggestion made by Mr. Justice (R) Mengal and the Chief Justice, High Court of Sindh may be examined by the Secretariat.

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Amendment in Section 102 of CPC

The Commission examined the provisions of section 102 of the Code of Civil Procedure containing mention of the Court of Small Causes which provision has become redundant on the repeal of Provincial Small Cause Courts Act 1887, by section 42 of the Small Claims and Minor Offences Courts Ordinance 2002. It therefore requires mention of the present law. The Commission approved the substitution of the word “claims” for the words “causes” to make the Section 102 CPC operative for the purpose of new law currently in force.

Omission of Sub‐rule (I) of Rule 4, Order XX of CPC

The Commission considered Rule 4 of the Order XX of the Code of Civil Procedure 1908 and found its sub‐rule (1) referring judgment of the Court of Small Causes as redundant in view of the repeal of the Provincial Small Cause Courts Act 1887. The Commission, therefore, recommended the repeal of sub‐rule (1) of Rule 4 of Order XX of the Code of Civil Procedure and renumbering of its sub‐rule (2) as Rule 4 of the said Order.

Amendment of Section 400, 401 and 402 PPC

The Commission considered the proposal of the Secretariat that the words “at any time after passing of this Act” used in sections 400, 401 and 402 if the Pakistan Penal Code 1861 have become obsolete / redundant after passing of period of about one and half century and now the commission of the offence under the said section have no relevance with the exception provided to the offences of the period before passing of the Act. The Commission therefore, approved the omission of the words “at any time after passing of this Act” from all the three sections of the Pakistan Penal Code.

Amendment in Section 2 of the Succession Act 1925

The Commission considered the pre‐independence reference contained in the Succession Act 1925 about the Christians of unmixed Asiatic descent which class no more exist at the present in Pakistan and all the Christians in the country are native 44

Pakistani Christians therefore, reference of the pre‐partition period about the Christians of unmixed Asiatic descent requires to be deleted from section 2 of the Succession Act 1925. The Commission agreed with the proposal to delete the above reference from Section 2 (d) of the Succession Act, 1925.

Amendment in Column 7 of Schedule II of the Cr. P.C

The Commission took note of the punishment of imprisonment of ten years provided in Section 337A (v) of the Pakistan Penal Code 1860 which is reflected incorrectly in column 7 of schedule II of the Code of Criminal Procedure 1898 as 14 years. The Commission is of the view that the discrepancy in the Code of Criminal Procedure seems to be clerical / typographical mistake. It therefore approved that reference to punishment in Column 7 of Schedule II of the Cr. P.C may be corrected in accordance with the punishment provided in section 337A (v) of the Pakistan Penal Code by substituting the words “ten years” for the words “fourteen years”.

Amendment in Section 95 of CPC

The Commission considered the amount of compensation provided in Section 95 of the Code of Civil Procedure to be awarded to a party on the arrest, attachment or injunction obtained by the other party on insufficient grounds or on failure of the suit on appearing to the court that there was no reasonable ground for initiating the action of filing of suit. The Secretary, Ministry of Law & Justice informed that a proposal of enhancement of amount of compensation has already been in the Law Reform Bill pending with the Mediation Committee in the Parliament. The Chief Justice, Federal Shariat Court observed that Section 95 of the CPC bars any civil suit for the purpose. The Chairman observed that it only bars the claim in the form of compensation and not the claim for damages. The Chief Justice, Peshawar High Court observed that compensation should be awarded on application of the defendant. The Chief Justice, High Court of Sindh observed that the existing power of awarding compensation is also subject to the condition of not exceeding pecuniary jurisdiction of the court. However, the Commission, in view of proposal being taken care of in the Law Reforms Bill in the Parliament, desired that the Secretary, Ministry of Law, Justice and Human Rights may 45

take care of the proposal. On the pointation of Chief Justice, Peshawar High Court, the Commission recommended suitable amendment to Section 298 of the P. P. C for substituting the word “wounding” with the word “hurting”

Amendment in Section 35 (A) of CPC

The Commission considered the proposal of enhancement of the amount of compensatory cost in respect of false or frivolous claim under section 35A of the Code of Civil Procedure in view of decrease in value of money by inflation. The Commission by agreeing to the proposal recommended the enhancement of cost to Rs. 50000/‐ as against the present amount of Rs. 25000/‐. The Commission also recommended for the omission of first proviso of the said section referring the Court of Small Causes and for the insertion of word “further” in the 2nd proviso to the said section and renumbering it as first proviso.

Amendment in the Dowry and Bridal Gifts (Restriction) Act 1976

The Secretary explained the background of proposing a new draft bill for replacing the existing Dowry and Bridal Gifts (Restriction) Act 1975 to the Commission. The bill was prepared in consultation with the Ministry of Religious Affairs desiring to place it as Government Bill in the National Assembly as against a private member bill on the subject. The draft law, keeping in view the decrease in purchase value of money, proposes some enhancement in the prescribed amount / value of dowry and bridal gifts. The Chief Election Commissioner observed that the present prescribed limits of value of the dowry and bridal gifts may stay. According to him such laws are made for satisfaction of the poor segments of the society. The Chairman observed that the poor parents may not be able to meet the demand, if the value is increased. He further observed that public opinion may be solicited by holding workshops in collaboration with the NCSW at various places on the subject. The Secretariat was therefore asked to examine the issue afresh and submit a revised report after further study / examination. 46

Amendment in Sections 54, 68, 70(2), 71, 72 & 93 of Order XL of the Code of Civil Procedure 1908.

The Commission considered the proposed amendment in Sections 54, 68, 70 (2), 71, 72 & 93 of Order XL of CPC 1908, for substitution of the word “District Coordination Officer” for the word “Collector” contained therein. The Chief Justice, Peshawar High Court explained that Section 28 (5) of the Local Government Ordinance have been deleted in the NWFP, Sindh and Balochistan and might have been done so in the Punjab and the District Officer Revenue exercises the powers of Collectors under various laws. Therefore, the Commission dropped the proposal.

Amendment in Section 516 A Cr. P.C

The Commission considered the amendment proposed in section 516 A of the Code of Criminal Procedure proposing substitution of reference of the Dangerous Drugs Act 1930 on its having been repealed by the Control of Narcotic Substances Act 1997. As being a consequential amendment, the Commission approved the substitution of the words “Dangerous Drugs Act 1930” with the words “Control of Narcotic Substances Act, 1979” in section 516 A of the Cr. P.C.

Item No. 14 Amendment in the Child Marriage Restraint Act, 1929

The Commission considered the proposals of reform of Child Marriage Restraint Act,

1929 and observed that the existing punishment of imprisonment as well as of fine in sections 4, 5 and 6 of the Act may be made more deterrent and a female guardian of minor child may also be made equally punishable, if she performs marriage of a minor child in her custody. The Commission therefore, approved that in section 4, 5 and 6

(1) of the Act, the punishment of imprisonment may be enhanced from one month to three months and the fine from Rs. 1000/‐ to Rs. 25000/‐. The proviso to section 6 (1) be omitted. Sub‐section (2) of section 6 be suitably amended to remove the bar and enable any person eligible to file a complaint of the offence instead of taking 47

cognizance by the court on complaint of Union Council or of an authority prescribed by the Provincial Government. The Commission also recommended enhancement of punishment of imprisonment from six months to one year and the fine from Rs. 1000/‐ to Rs. 25000/‐ provided in subsection (5) of section 6 of the Act on disobeying injunction issued by the court. The proviso to the section 6 (5) exempting a woman from the punishment of imprisonment was also recommended to be omitted.

Amendment in the Code of Criminal Procedure 1898 for Substitution/Deflection of Obsolete Provisions

The Commission considered reference of the “Evidence Act 1872 occurring in section

94, 172, 244A, 265J, 507 and 533 of the Code of Criminal Procedure which have been repealed by the Qanoon‐e‐Shahadat Order 1984 and recommended that the Qanoon‐ e‐Shahadat Order with its relevant Articles may be substituted for the corresponding sections of the Evidence Act. The Commission also recommended omission of reference of the repealed West Pakistan Press and Publication Ordinance 1963 and its clause (JJ) in section 99‐A Cr. P.C wherever occurring and substituted by the

Newspaper, News Agency and Books Registration Ordinance 2002. The Commission approved the omission of proviso to Section 471 Cr. P.C providing for detention of lunatic in the asylum established under the Lunacy Act, 1912 on repeal of the Act by the Mental Health Ordinance 2001 not providing for any such asylum.

Amendment in Sections 294‐A & 294‐B of the Pakistan Penal Code

The Commission dropped the proposal of amending section 294‐A and 294‐B of the

Pakistan Penal Code having ceased to be in force on the direction of the Shariat

Appellate Bench of the Supreme Court. The Court came to such conclusion when the 48

provisions were found to be in conflict with the injunctions of the Holy Quran and

Sunnah. The Court observed that Article 203 (D) of the Constitution prescribes a mechanism of carrying out directions of the Federal Shariat Court and Shariat

Appellate Bench of the Supreme Court and the Secretary, Law & Justice Division may bring it to the notice of the President for carrying out directions of the Court.

Additional Item Delay in Disposal of Cases in Subordinate Courts Requiring Legislative Changes

The Commission considered the letter of the Chief Justice, High Court of Sindh with respect to an amendment in the Law Reform Bill 2005, currently pending in the Parliament. The amendment seeks to separate the criminal and civil functions of the courts. The Chief Justice stated that in case the proposed amendment is carried out, it will adversely affect the functioning of the courts.

Such amendment goes contrary to the established system and working of the courts, where under the civil and criminal functions are performed by the same judicial officer. The Commission observed that the proposed amendment will create several hardships and will hinder the smooth functioning of administration of justice. The judicial officers are assigned functions of civil/criminal nature by the respective High Courts. It was pointed out that in far‐flung areas where ordinarily one judicial officer is sufficient to carry the civil/criminal functions, the proposed amendment will unnecessarily entail the creation of additional post of a judge. The Commission therefore observed that the Secretary, Ministry of Law & Justice should convey to the Government its observations on the issue. The Commission also examined the other proposal of the Chief Justice, High Court of Sindh for repeal of section 14(A) of the Arms Ordinance, 1965, providing for separate trial. It was pointed out that an appropriate amendment to that effect has already been recommended by the Commission and forwarded to the government for implementation.

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The Commission took exception to the casual attitude of the relevant authorities in not timely processing its recommendations to the relevant legislative bodies for consideration/implementation. It stated that its recommendations are aimed at reforming the legal/judicial system, so as to modernize such system, thereby enabling the courts to expedite trial proceedings and render timely decisions. It would become a futile exercise, and the deliberations of the Commission would be wasted, unless they are being paid proper attention by the Government. It further stated that the Commission being a high‐statured body, should receive due importance and attention. The Commission also objected to the current practice of its reports/recommendations being forwarded to the concerned agencies/departments for review/opinion. It stated that such exercise is already being carried out by its Secretariat, therefore, its recommendations must reach the proper forum in time and there should be no delay in placing its recommendations to the relevant legislative bodies for consideration/implementation. The Secretary, Ministry of Law & Justice was asked to find out the implementation status of Commission’s earlier reports/recommendations and submit a report to this effect in the next meeting of the Commission. 50

5. National Judicial (Policy Making) Committee:

The National Judicial (Policy Making) Committee was established in 2003 and has since become functional. During 2007, the Committee meet two times and made the followings decisions:

5.1. Meeting of the National Judicial (Policy Making) Committee held on 23rd June 2007 at Islamabad

Implementation of recommendations of National Judicial Conference

The Secretary explained the background of this agenda item. The NJPM considered the recommendations formulated in the National Judicial Conference organized on 9‐11‐ February 2007 at Islamabad, which was attended by the Chief Justice and Judges of the Supreme Court, Federal Shariat Court and High Courts as well as members of the bar, legal academics, civil society organizations and representatives of the print / electronic media. Recommendations were formulated on 6 thematic issues, namely delay reduction, alternative disputes resolution, improvement in the quality of judgment, public interest litigation, improving the quality of legal education and judicial independence. The members observed that the recommendations formulated by the National Judicial Conference are very useful and should be implemented in earnest. The Committee observed that the recommendations consist of two parts, the law reforms which may be examined by the Secretariat of Law and Justice Commission of Pakistan and the administrative directions for enforcement, which may be implemented through appropriate orders, issued by the concerned agencies i.e. Courts, Higher Education Commission, Universities, bar Councils etc. The Committee therefore, decided that these recommendations be forwarded to all institutions of the justice sector namely, Supreme Court, Federal Shariat Court, High Courts, Pakistan Bar Councils and Provincial Bar Councils for implementation. The recommendations in the area of improving the quality of legal education be forwarded to the Higher Education Commission, Governors (as Chancellors) and universities for enforcement. These institutions will examine the recommendations and furnish their input to the NJPMC within a period of 3 months. The Law and Justice Commission would draft the legislative proposals based in feedback / input, received from the relevant institutions. 51

The Chief Justice, Lahore High Court informed that the Punjab University has started five years LLB course and proposed that the rest of the universities may follow suit. The Chairman pointed out that the private law colleges are affiliated with the universities and they should supervise / monitor their functioning for enhancing the quality of legal education. The Chief Justice, Federal Shariat Court bewailed the falling standards of legal education. He said that the country has no national law university, however, there is a proposal with the Federal Government to establish such university, with campuses in provincial capitals. The Committee expressed its dissatisfaction over the deteriorating standards of legal education, being imparted in the law colleges in the public as well as in the private sector, and stressed upon the need for reviewing the curriculum of the law colleges to make it more relevant to the present‐day requirements, improvement in the quality of teaching faculty and limiting the strength of students in LL.B classes. The Secretariat of NJPMC will prepare and submit a comprehensive report for consideration of the NJPMC, after receipt of input / feedback from the relevant institutions / agencies.

National Corruption Perception Survey 2006

The NJPMC considered the Report of Transparency International – Pakistan Chapter on National Corruption Perception Survey 2006, in which the perception about corruption pertaining to 10 institutions / departments of the Government is reported. The NJPMC took serious note of the complaints of corruption in the judiciary, particularly, amongst the judicial officers and courts staff at the level of subordinate courts. It also examined the perception of corruption prevalent in the related agencies like Investigation Department, Prosecution Agency, etc and resolved that corruption in any form or manifestation is unacceptable and must be eradicated. The Chief Justice, Lahore High Court observed that there are complaints of some unscrupulous lawyers receiving money in the name of Presiding Officer. He added that amendment proposed to the Legal Practitioners and Bar Councils Act 1972, enabling the superior courts to play a role in maintaining discipline in courts, was not agreed to by the Government. The Committee observed that Ordinance No. XVI of 1985 may be examined by the Secretariat of the LJCP for further consideration of the issue. The Chief Justice, Lahore 52

High Court further observed that the TI Report merely conveys perception and could be motivated. He also proposed the publication of an Annual Report of NJPMC to inform the public of various steps taken by the NJPMC for reforms and improvement in the administration of justice. The Chief Justice, High Court of Balochsitan stated that the judicial branches in the High Courts may be strengthened to keep vigil of performance on court staff. The committee observed that it can be done by the High Court itself. The Chief Justice, Lahore High Court, expressed the view that the Lahore High Court has brought all the complaints on computer system, therefore, timely actions are initiated without delay. The Committee observed that with automation in the Courts, all the courts will be in a position to keep strict check on such activities. The Chief justice, High Court of Sindh expressed the view that since the High Courts have acquired the necessary powers to initiate action and award punishment for matters relating to indiscipline, inefficiency or violation of Code of Conduct on the part of judges / administrative staff of subordinate judiciary, they can take full advantage of the enabling provisions and award punishment to cleanse the courts of corrupt elements. He further suggested that perhaps the Law and Justice Commission of Pakistan needs to review the Efficiency and Discipline Rules of the government servants (which are also applicable to Judicial Officers) and see as to whether or not, in keeping with the requirements of natural justice and the law, the number of notices required to be issued to accused government servants may be reduced. After consideration of report, the NJPMC directed that the said report be forwarded to the justice sector institutions i.e. Supreme Court, Federal Shariat Court and High Courts for taking necessary measures to check corruption amongst the judicial officers as well as courts’ staff and also in the personnel of related institutions i.e. investigation / prosecution branches. The High Courts will take further steps and plan strategies foe taking disciplinary action against concerned officials and report the action taken and measures adopted to the NJPMC for coordination and information to the general public, so as to repel the incorrect perception of corruption in courts and convey a clean image of the judiciary.

(a) Establishment of Family Courts in each District 53

(b) Difficulties in Establishment of Family Courts in Tribal Areas of the Balochistan

The Secretary informed the members of the background to and progress made in creating additional posts of women judges to preside over the Family Courts. The NJPMC expressed satisfaction over the implementation of its earlier recommendation to the effect that more female judges should be appointed in the subordinate courts so that they may preside over the Family Courts. In this regard, the respective provincial Governments have already sanctioned additional posts of female judges for appointment under the Family Courts Act, 1964. Thus, 35 posts of female judges have been sanctioned by the Government of the Punjab, 24 by the Government of Balochistan. In addition, posts of support staff have also been sanctioned. The High Court of Balochistan has already appointed such female judges, whereas the remaining High Courts are in the process of advertising such posts to induct qualified and competent judges on merit. The Chief Justice, High Court of Balochistan informed that with a view to establish Family Courts in the tribal areas of the Province, necessary amendments are required in law, and in this regard the High Court has already communicated to the Government for appropriate amendments. The NJPMC approved the suggestions so as to enable the establishment of Family Courts in the tribal areas of Balochsitan.

Non‐Acceptance of Women as Surety in Bail Matters.

The NJPMC considered the complaint of non‐acceptance of women as surety in bail matters in criminal cases and observed that there is no bar in the law for a woman to stand as surety for an accused person to be released on bail. It was, therefore, decided that the respective High Courts will issue directions to the subordinate courts not to discriminate on the basis of gender and accept women as sureties, when they execute bonds to the satisfaction of the court.

Elimination of Perjury

The NJPMC considered ways and means to eliminate the evil of perjury in the courts. The Committee observed that the law is already available in the Pakistan Penal Code 54

and the respective High Courts may issue directions to the subordinate courts for taking strict action against the perjurer, who give false statement or present forged documents or false affidavit in the court.

Publication of Summons Notices in the Weekly / Periodicals

The NJPMC took notice of the publication of court summons / notices in periodicals or magazines with limited circulation. It decided that such notices should be published in the newspaper having wide circulation. The Committee observed that publication of summons in the magazines instead of daily newspaper is contrary to the rules contained in the Code of Civil Procedure. The Chief Justice, Lahore High Court pointed out that the instructions for observance of High Court Rules for publication of summons have already been issued to the Judicial Officers. The Committee decided that the Code of Civil Procedure and Rules and Orders of the High Court should be strictly followed and in this regard summons and notices must be published in the daily newspaper having sufficient circulation in the area where the defendant resides.

5.2. Meeting of the National Judicial (Policy Making) Committee held on 8th September, 2007 at Islamabad

The Secretary explained the background of the Automation Plan for Supreme Court, Federal Shariat Court, Provincial High Courts and Subordinate Courts. He informed that the Sub Committee on Automation Plan has finalized the standardization of case categories, which requires approval for the preparation of software.

The Chairman took serious note of delay in implementation of Automation Plan of the judiciary. The Chairman enquired the reasons for a prolonged delay for implementation of Automation Plan and the person responsible for non‐completion of the project timely. The Project Director, PMU responded that the delay was mainly due to lengthy process of contracting for the procurement of the equipment. The Chairman observed that the Project Director may communicate to the concerned agency that because of rapid development in the field of Information Technology, any given system could turn obsolete / outdated in two / three years. He said that the funding for the Automation Plan is delayed. He added that the concerns of the NJPMC 55

will be communicated to the concerned quarters. The Committee stressed that Courts automation may be completed as soon as possible and also extended it to the lower judiciary, all the Bar Councils and Bar Association in the country.

The Project Director informed that the requisite hardware has already been supplied to the Supreme Court and all Provincial High Courts. For purchase of hardware for Federal Shariat Court an amount of Rs. 20.00 million has been approved and the amount will be released shortly. The process of procurement of hardware will be completed by the Federal Shariat Court. He further informed that in second phase, the PMU has initiated the process for procurement of software and the nature of requisite software has already been identified.

The Chairman showed dissatisfaction over the lists containing standardization of case categories in the Supreme Court, Federal Shariat Court, High Courts as well as Subordinate Courts, prepared by the Law and Justice Commission of Pakistan with the assistance of focal persons i.e. Deputy Registrars (Judicial) and I.T experts of various Courts. The Committee directed that case categorization is for convenience of the public at large, therefore it should be according to the statutes and international standards. The model practiced by Singapore and UK, etc should also be examined to improve the case categorization list in Pakistan. The project should be completed by the LJCP Secretariat in consultation with Mr. Zafar Ahmed Sherwani, District & Sessions Judge, Hyderabad. Final list will be shown to the Chief Justice, High Court of Sindh for fine tuning / approval. The approved list will be forwarded to PMU for preparation of software. The Chief Justice was requested to complete the exercise in one month time. With a view to expedite the implementation of Automation Plan and as so as to timely remove hiccups, if any, in the process of implementation, a Sub Committee comprising Chief Justice, High Court of Sindh, Secretary, Ministry of Law & Justice and Project Director, PMU was constituted for the purpose.

The I.T. expert of PMU gave presentation of Automation Plan for the Judiciary and briefly indicated the first phase of plan which has been completed and thereafter in second phase they are ready to launch pilot projects in five districts of Punjab in 56

relation to automation. The Committee further stressed that the Video Conferencing facility like the one established between the District Jail and the District Court, Lahore may also be set up in other Provinces. The Committee also enquired about the status of implementation of Video Conferencing System in Supreme Court, Federal Shariat Court and High Courts. The Secretary informed that the Purchase Committee initially scrutinized the equipment requirement with the assistance of Technical members of the Committee and is soon going to float tender for procurement of system. The Committee also considered the setting up of an entity comprising LJCP and a Private Agency as public‐private partnership to manage the Automation Plan and keep the software updated with new developments in the field. It further advised the PMU Consultant to prepare a brief on the composition / functioning of such entity and present it before the Committee in the next meeting. It was decided that such entity shall function in supervision of the Secretariat of law and Justice Commission of Pakistan for keeping the automation system updated.

A Neutered Justice System

The Committee took note of an article published in daily “The News” relating to non‐ implementation of Juvenile Justice System Ordinance, 2000 regarding the trial of juvenile offenders. The committee observed that High Courts may direct the lower courts to assure that legal safeguards are available to juveniles under the said Ordinance. The Committee also laid stress on early conclusion of such trial. The other High Courts may consider preparing a check list of every case before taking cognizance of an offence to see as to whether the accused is minor or not and in case it is determined that accused is a minor / juvenile, the trial must be conducted in accordance with the Juvenile Justice System Ordinance 2000.

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Revival of the Defunct Courts of the District Magistrates

The Committee took serious note of corruption alleged against subordinate judiciary and absence of presiding officers from the Courts. The Committee decided that the Judges of respective High Courts and Members of Inspection Team may frequently make surprise visits of the lower courts and report any deviation from the law in judgments as a result of inefficiency or corrupt practices.

The Committee also showed concern over the delay in the disposal of cases and observed that the Bar and Bench have equal responsibility in the quick disposal of cases and both should discharge their responsibility to avoid unnecessary delay in disposal of cases. It stressed upon an effective strategy to discourage adjournments and expedite the trial proceedings.

The Committee also considered the current unchecked price‐hike due to absence of proper price control mechanism. The Chief Justice, Peshawar High Court observed that the N.W.F.P Government has appointed Price Control Magistrates under the Consumer Protection Act. Such Magistrates exercise judicial power but their appointment is without consultation with High Court. The Committee resolved that a letter may be sent to the Secretary, Law, Justice and Human Rights Division for inviting attention of the Government to the requirements of separation of the judiciary from the executive, in line with the precedents set in judgments of the Supreme Court of Pakistan in the cases of Sharaf Faridi and Azizullah Memon etc.

The Committee observed that an effective mechanism may be evolved for price control through the executive authorities and the Judicial Magistrates may not conduct field visits for the purpose.

The Committee also observed that the judiciary needs to gear up and appropriately respond to the rising expectations of citizens regarding expeditious disposal of cases to reduce backlog in Courts. The Chairman observed that the Supreme Court is dealing with a large number of complaints received from aggrieved persons. The Supreme Court alone could not handle all such complaints, therefore, the High Courts may also 58

explore avenue of making resort to non‐traditional methods of litigations with a view to attend the cases and complaints failing under the jurisdiction of such High Courts. The Committee decided to continue its deliberations on this issue and other items on the agenda by convening another meeting of the Committee in the near future. 59

7. AJDF Workshops

The Government of Pakistan (GoP) has established Rs. 1.5 billion Access to Justice Development Fund (AJDF) as a statutory endowment to address the issue of chronic budgetary constraints facing the law and justice sector institutions. AJDF represents a unique component of Pakistan’s ongoing $ 350 million Access to Justice Program (AJP). By establishing AJDF the GoP has ensured an innovative, independent and flexible extra‐budgetary support to improve the functionality, independence and service delivery components of hitherto under‐resourced judiciary.

The AJDF is located with 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. In addition to GB, the Technical Evaluation Committee (TEC) ensures sound technical evaluation of the project proposals received by the LJCP from various stakeholders of the justice sector.

The AJDF was operationalized couple of years back when its accounting procedures were approved and up till now the LJCP has accumulated a significant amount of funds through investment of AJDF endowment in government‐approved investment schemes.

In order to promote awareness and disseminate information amongst stakeholders on AJDF, last year the 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. Keeping in view the experience and feedbacks received from the participants, the LJCP organized a series of workshops at Islamabad, Karachi, Quetta and Peshawar during the months of July, August and September 2007. 60

Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan addressing the AJDF workshop at Islamabad

The first workshop was held on 28th July 2007 at Islamabad in the Ceremonial Hall of the Supreme Court, the same was presided over by the Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry. In his inaugural speech he remarked the Access to Justice Development Fund (AJDF) as an instrument for improvement of judicial system. He further added that AJDF provides sufficient financial resources on permanent basis to address the vulnerability and other related problems being faced by weak, poor and disadvantaged groups in society through promotion of legal empowerment.

The Chief Justice commended LJCP in administering and managing AJDF in an effective and transparent manner and drawing up a plan for utilizing the funds to achieve its goal. He appreciated the role of LJCP for entering into partnership for promotion of legal empowerment under AJDF and shared with the audience that till now over 100 proposals for various projects under legal empowerment fund window were received out of which 19 have been approved with a cost of 20 million. Justice Iftikhar Muhammad Chaudhry expressed great satisfaction over the contribution of LJCP for utilizing the funds in best way for overall development of Judiciary and legal empowerment. He also urged the participants to contribute for promotion of healthy, vibrant and independent judiciary in Pakistan through their invaluable suggestions.

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During his presentation in workshops at Islamabad, Karachi, Quetta and Peshawar, Dr. Faqir Hussain Secretary LJCP said that purpose of holding series of workshops is to create awareness at the national level about AJDF particularly amongst civil society organizations. The AJDF workshops, according to him, will also help in mobilizing the stakeholders for sustained and constructive engagements in a purposeful discussion on AJDF's process and activities in the country. Dr. Faqir Hussain,Secretary, LJCP addressing the workshop at Islamabad The second workshop was held at Karachi Sheraton Hotel on 1st September 2007, the inaugural session was to preside over by the Chief Justice, High Court of Sindh but he couldn’t come due to indisposition; however his speech was read out by Mr. Justice Sarmad Jalal Osmany, senior puisne Judge. He noted that in the past shortage of funds had greatly affected the service delivery system of the law and justice sector but now through AJDF efforts are being made to improve the system to restore the confidence of people in judicial system of the country.

Mr. Justice Sarmad Jalal Osmany, Senior Puisne Judge, High Court of Sindh addressing the AJDF workshop at Karachi

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Mr. Justice Amanullah Khan, Chief Justice High Court of Balochistan addressing the AJDF workshop at Quetta.

The third workshop of the series was held at Quetta on 4th September 2007, the inaugural session was presided over by the Chief Justice, High Court of Baluchistan Mr. Justice Amanullah Khan. He lauded the role of LJCP in administering AJDF and remarked that each and every citizen of the country can play a vital role in the improvement of Justice delivery system of the justice sector. He invited the researchers and academia to initiate proposals relating to legal empowerment and innovations for the underdeveloped regions of the province.

The workshop held in Peshawar on 11th September 2007 produced a very constructive discussions, it was presided over by the Chief Justice of Peshawar High Court Mr. Justice Tariq Pervez. While addressing, the Chief Justice said that the justice sector remained one of the most neglected sectors in our Mr. Justice Tariq Pervaiz, Chief Justice High Court of Balochistan addressing the AJDF workshop at Peshawar. 63

country, which breed evils and increased the suffering of poor and vulnerable segments of the society but Thanks to AJP that initiated reforms which showed positive signs of improvement. The Chief Justice appreciated holding of workshop which according to him would help the stakeholders working in NWFP to gain deeper understanding about the AJDF. He also suggested certain useful proposals to ensure proper utilization of the amount with maximum benefits. He also invited the audience to come forward for harvesting this opportunity to bring the much needed improvements to strengthen our legal system. At the end of each workshop, the participants formed groups for discussions and actively presented their suggestions and recommendations to further strengthen the AJDF operational framework to make it more easily accessible with a view to achieve maximum benefits out of this opportunity.

To sum up, the series of AJDF workshops provided a valuable opportunity for participants to gain understanding on different aspects of AJDF. One of the key objectives achieved by the workshop was the opportunity to mobilize justice sector leadership for sustained and constructive engagement in a purposeful consultation on AJDF processes and activities. Their valuable suggestions and ideas contributed to the policy inputs needed for successful implementation of AJDF .In all workshops, the participants expressed their appreciation for the Federal Government regarding creation of a permanent Fund at the federal level which they unanimously agreed will significantly help in improving citizen’s easy access to justice

5.3. Key Recommendations

One of the main purposes of holding a series of Orientation and Consultation workshops across the country was to collect different perspectives and suggestions for further improvements in AJDF processes, procedures and systems in order to make accessibility and utilization of AJDF resources more easy, effective and efficient. Following are the recommendations of the workshops:‐

Islamabad Workshop

¾ For provision of free legal assistance to poor and vulnerable groups in Human rights cases a Legal Aid Foundation may be established in collaboration with AJDF. ¾ Heads of the fund utilization need to be reorganized. ¾ For legal and judicial research a Legal Cell may be established in the Higher Education Commission (HEC) in collaboration with Fund. ¾ Amount allocated for sustaining the innovations in legal education needs to be enhanced and Fund may also be made available for law students doing research work at Master’s or PhD Level ¾ Professional Managers should be hired by AJDF for running this program and there should be a quarterly newsletter about activities of the Fund ¾ Funds for legal aid should be distributed through Registrars of the High Courts instead of Bar Associations 64

¾ Through Liaison with Law and other ministries, identical projects could be clubbed together to avoid overlapping and spend money smartly. ¾ Funds allocated for High courts may be utilized or dispersed through respective High Court instead of LJCP. ¾ Impact assessment survey may be conducted to know as to how the funds are being utilized or underutilized. ¾ Since media lacks knowledge about the limits of court reporting, training for journalists should be arranged under the Fund. ¾ FM radio station should be funded for legal education of the public.

Quetta Workshop

¾ Participants representing different NGOs stated that in Balochistan most of the local NGOs are new born and do not meet the criteria prescribed by the Law and Justice Commission of Pakistan to access funds under Legal Empowerment Window. They unanimously suggested that prime importance should be given to the proposal and if the same is viable then the prescribed standard may be relaxed keeping in view the socio political conditions of the Province. The suggestion was duly endorsed by Mr. Justice (R) Amir‐ul‐Mulk Mengal, former Chief Justice of Balochistan.

¾ To avoid drop‐page of project proposals on technicalities, the participants stressed upon the need of coordination between the management of the AJDF and interested NGO. They were of the opinion that the representative of LJCP should visit Balochistan well in time before the last date of submission of proposal to assist the interested NGO for refining their proposals.

Peshawar Workshop

¾ The District & Sessions Judge Charsadda pointed out that funds have been released to some NGOs in his district for carrying certain activities without verification of their status. Similarly, there has been no monitoring process after release of funds. He suggested, that in order to avoid loss of funds and further to ensure that the same are utilized for the purpose(s) for which the funds are released, that (i) before releasing funds to any NGO, it should be ensured that it does not only exist on papers, but has virtually experience in the relevant field and has been actively engaged in the desired/required activities, and (ii) there should be proper monitoring and evaluation system in place. The activities undertaken with the funding under AJDF should be fully monitored and outcome of the activities fully evaluated.

¾ These suggestions were also seconded by Mr. Abdul Latif Afridi, President Peshawar High Bar Association.

¾ Mr. Muhammad Nawaz of Youth Parliament of Pakistan pointed out that no time frame has been given for approval of proposal submitted to Law & Justice 65

Commission of Pakistan for funding from the AJDF. He suggested that there should be some definite time frame within which proposals submitted to the Law & Justice Commission of Pakistan should either be approved or rejected and the concerned quarters informed accordingly. Similarly, there should be specific time‐frame for completion of activities under the AJDF and such a time‐ frame should invariably be intimated to the concerned quarters and it should be ensured that the same is adhered to and followed in letter and spirit.

¾ Ms Rakhshanda Naz of Aurat Foundation pointed out that in order to properly assess the impact of various projects under AJDF, gender segregated data should be collected.

¾ A participant referred to Free Legal Aid Committees under the Juvenile Justice System Ordinance, 2000 (JJSO) and suggested that there should be some sort of a nexus between the Free Legal Aid Committees under JJSO and District Legal Empowerment Committees, so that juvenile prisoners could also be benefited from the funds and facilities available under the ADJF.

¾ Prof. Akhtar Ali Khan, Principal, Frontier Law College, Peshawar suggested that keeping in view importance of Alternate Dispute Resolutions (ADRs), research on ADR should be encouraged under Legal & Research Window of the AJDF.

¾ Mr. Mujtaba Khan, Special Judge, Anti‐Corruption Court, Peshawar suggested that for the purpose of free legal services, the special courts may not be excluded, as many people on trial in special courts also cannot afford to hire services of lawyers.

¾ Ms. Maryam put forward the following suggestions:‐

¾ Jirga in our society is one of the old informal institutions through which disputes are resolved outside courts. However, there is no data available on decisions of the Jirgas to evaluate impact of this non‐formal justice system. She proposed that funds under AJDF can be utilized for creation of this data bank for bringing improvements and reforms in this traditional system of ADR.

¾ There is no clarification as to whether or not any NGO after submitting a proposal can submit subsequent proposal(s) for funding from AJDF. This position needs to be clarified and intimated to the concerned NGO(s).

¾ Multiple NGO proposals should be encouraged. Many NGOs should be encouraged to come up with a single proposal for approval and subsequent execution. This would give multidimensional approach and would also ensure checks and counter checks in matters of utilization of funds for the desired purpose(s).

66

¾ Mr. Muhammad Tariq Sohail, Provincial Program Manager (AJP) suggested that since AJDF is an endowment fund, efforts are needed to increase its seed money for more investment and income generation. For the purpose he proposed that some sort of mechanism should be devised by the Board of Governors. He opined that constitution of a sub‐committee could be one of the remedy. Such committee should have the mandate of approaching the Federal Government, Provincial Governments, organizations and philanthropists for donations to the Fund.

¾ A lady lawyer participant proposed that funds under AJDF may also be utilized for skill enhancement of junior lawyers to enable them to play effective role in pleading their cases and making the process of justice easy.

¾ A participant also suggested that possibility of utilization of the AJDF funds in the Federally Administered Tribal Areas (F AT A) may also be explored.

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6. AJDF PROJECTS SUMMARY

Projects received in 1st phase 27 Projects received in 2nd phase 73 Total projects received from start till now 100

Projects approved in 1st Phase 09 Committed Projects approved in 2nd Phase 10 Approved Total projects approved till Now 19

Projects now recommended out of differed projects 06

Total District wise coverage uptill now 18 (Districts where projects Operationalized) Detail of districts phase wise 1st phase 09 2nd phase 09 Total 18 Projects recommended for next Phase 06

Total (27) project proposals received in the 1st phase out of which 09 projects have been approved by the Tec/Governing Body and committed accordingly. 68

6.1. DETAILS OF INVESTMENT OF ACCESS TO JUSTICE DEVELOPMENT FUND TILL 2007

Face Value Settlement Bank Financial Settlement Maturity Yield to Offer Profit Remarks (Rs.) Amount (Rs.) Instrument Date Date Maturity Price (Rs.) & Period (Rs.) 500 million 494,824,000 UBL 3 months T. 17-2-2005 12-5- 4.60 98.9525 5,176,000 Matured Bills 2005 920 million 897,271,400 NBP 6 months T. 3-3-2005 1-9-2005 5.08 97.5295 22,728,600 Matured Bills 28 million 27,686,512 UBL 3 months T. 17-3-2005 9-6-2005 4.92 98.8804 313,488 Matured Bills 33 million 32,544,864 MCB 3 months T. 15-4-2005 7-7-2005 6.15 98.6208 455,136 Matured Bills 500 million 492,346,000 UBL 3 months T. 12-5-2005 4-8-2005 6.7550% 98.4692 7,654,000 Matured Bills 28 million 26,925,920 UBL 6 months T. 9-6-2005 8-12- 8.000% 96.164 1,074,080 Matured Bills 2005 33 million 32,440,076 UBL 3 months T. 6-7-2005 29-9- 7.50% 98.3033 559,924 Matured Bills 2005 500 million 461,480,000/- UBL 12 months 4-8-2005 20-7- 8.7048% 92.2960 38,520,000 Sr. No.5 T. Bills 2006 re- invested 920 million 846,551,800/- NBP 12 months 1-9-2005 31-8- 8.70% 92.0165 73,448,200 Sr.No.2 T. Bills 2006 re- invested 33 million 30,340,200/- UBL 12 months 29-9-2005 28-9- 8.7909% 91.9400 2,659,800 Sr. No.7 T. Bills 2006 re- invested 28 million 25,757,536/- NBP 12 months 8-12-2005 7-12- 8.7300% 91.9912 2,242,464 S.No.6 T. Bills 2006 re- invested 74,798,500 72,450,949/- UBL 12 months 13-5-2006 28-9- 8.57% 96.8615 2,347,551 T. Bills 2006 541,904,382 500,000,000/- MCB 12 months 20-7-2006 05-7- 8.74% 92.2672 41,904,382 Sr. No. 8 T. Bills 2007 Re- invested 960,000,000 919,945,920/- HBL 6 months T. 31-8-2006 01-03- 8.78% 95.8277 40,054,080 Sr. No. 9 Bills 2007 re- invested 112,400,000 107,746,190 NBP 6 months T. 28-9-2006 29-3- 8.71% 95.8596 4,653,810 Sr.10 & Bills 2007 12 re- invested 1,045,920,000 959,993,488 MCB 12 months 1-3-2007 28-2- 9.00% 91.7846 85,926,512 Sr. No. T. Bills 2008 14 Re- invested 122,460,000 112,399,421 MCB 12 months 29-03- 27-03- 9.00% 91.7846 10,060,579 Sr. No. T. Bills 2007 2008 15 Re- invested 541,897,000/- 499,999,150/- HBL 12 months 06-7-2007 05-6- 9.13% 92.2683 41,897,850/- Sr.No.13 T. Bills 2008 Re- invested 1,150,240,000/- 1,045,913,232/- MCB 12 months 28-2-2008 26.2.2009 10,0021% 90.9300 104,326,768/- T. Bills 123,000,000/- 112,109,949/- UBL 12 months 27-3-2008 26-3- 10.13% 91.1463 10,890,051/- T Bills 2009 69

6.2. Detail of the Projects in First Phase

Amount Amount Paid Name of NGO Punjab Islamabad N.W.F.P Balochistan Sindh Rs. paid Rs. Rs. Citizens Commission I 1,838,550 183,855 10% Lahore for Human Development Pakistan Rural Workers 2 1,194,900 477,960 40% Bahawalpur Social Welfare Organization Hamdam DI khan 3 Development 593,124 237,249 40%

Organization- Goath Sudhar Sangat 4 1,136,625 454,649 40% Dadu Aghamani- (GSSA) Koshish 5 Wlefare 1,139,330 455,732 40% Sialkot Society Devcon 6 (Development 632,400 505,920 80% Shadadpur Consultants) Mashal Women 7 999,400 399,760 40% Charsada Welfare Society Bargad 8 1,043,180 104,318 10% Gujranwala Organization Human 9 Rights Society 1,934,000 258,000 13% Islamabad , of Pakistan Total 10,511 ,504 2,973,125 % age 04 01 02 0 02

District wise achievements in all over Pakistan in the 1st Phase (Access to 09 Districts)

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6.3. Province wise detail of the projects received

Punjab/Islamabad (03) Total

Legal Empowerment Fund 09 Fund for Legal/Judicial Research 02 Fund for Innovations in Legal Education 0 I 12

NWFP

Legal Empowerment Fund 07 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 08

Sindh

Legal Empowerment Fund 05 Fund for Legal/Judicial Research 00 Fund for Innovations in Legal Education 00 05

Balochistan

Legal Empowerment Fund 01 Fund for Legal/Judicial Research 00 Fund for Innovations in Legal Education Total 00 01

Total 27

Total (73) project proposals received in the 2nd phase from various districts in all over Pakistan out of which (73) projects have been approved by the Tec/Governing Body with total allocation of Rs. 11,595,050 (eleven million five hundred ninety five thousand and fifty).

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6.4. Detail of the Projects in 2nd Phase

Amount # Name of NGO approved Punjab Islamabad N.W.F.P Balochistan Sindh In Rs. 1 Public Welfare Society, 1,597,000 Sahiwal Brilliant Community 2 Development 500,000 Charsada Organ ization, 3 Women Association, 1,051,000 Mardan Dost Welfare 4 1,000,000 Peshawar Foundation, Community 5 Development 453,000 Banu Organ ization, 6 Blue Veins, Peshawar 1,600,000 Peshawar Sawera Development 7 1,765,050 OJ. Khan Organ ization, Sindh Development 8 1,000,000 Sindh Society, Hyderabad, Chaudhary Rehmant Ali Community Faisalaba 9 996,000 Development d Organization Development Research 10 Institute of Pakistan, 1,633,000 Islamabad Islamabad Total 11,595,050 02 01 06 0 01

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6.5. Districts wise achievement in all over Pakistan in the 2nr1 Phase Access to 09 Districts.

Province wise detail of the projects received: Punjab /Islamabad Total Legal Empowerment Fund 13 Fund for Legal/Judicial Research 03 Fund for Innovations in Legal Education 01 17 NWFP Legal Empowerment Fund 28 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 29 Sindh Legal Empowerment Fund 17 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 18 Balochistan Legal Empowerment Fund 06 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 02 09 Total 73

6.6. Detail of projects under process

Amount # Name of NGO approved Punjab Islamabad N.W.F.P Balochistan Sindh In Rs. 1 Amanullah Shah, 481,000 D.I.Khan Ther-Nara 2 360,700 Umer Kot Development Society Pakistan International 3 Peace and Human 750,000 Bdin Rights Organization (i) Syed Iqbal Shah 14!U13 4 Quetta (ii) Syed Iqbal Shah 724,000 Sustainable Community y 5 1.963,500 Quetta Development Organization, Society for Human 6 Assistance & 2,712,990 Quetta Development Total 7,139,803 0 0 01 03 02

Total Projects 06 Total Districts 04 Total Amount 7,139,803 (Seven million one hundred thirty nine thousand eight hundred and three) 73

6.7. Activities of Secretariat of the Commission: Reports Approved in 2007: Report # 81 Registration of Documents The Commission considered the proposal to amend the provisions of the Registration Act, 1908 and the rules made thereunder to regulate and supervise job of conveyance writing. The Commission was informed that presently the petition writers licenced by the High Courts, perform the job of deeds/conveyance writing that are not qualified for it. The defective deeds create a lot of hardships to the parties and give rise to litigation in the courts. The Commission also considered recommendation received from the Lahore High Court Bar Association that the lawyers may be assigned the job of conveyance/deed writing. The Chairman remarked that lawyers have studied the subject of conveyancing in the law course, therefore, they will be better qualified for writing of deeds/ conveyance. The Secretary, Ministry of Law and Justice Division expressed that lawyers are not competent for the deed writing unless they have some experience in the field. The Chief Justice, High Court of Sindh observed that lawyers may receive fixed fee of Rs. 200/‐ for writing of conveyance /deeds. After these deliberations the Commission approved the proposal to amend the Registration Act, 1908 and the rules made thereunder to regulate the enrolment and licencing of deed / conveyance writing by the Inspector General of Registration. The Commission added that lawyers, being eligible, must also continue to draft conveyances and deeds.

Report # 82 Amendment in the First Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908 The Commission considered section 115 of the CPC with reference to application of section 5 of the Limitation Act, 1908 in filing of revisions. The Secretary explained to the Commission that section 115 of the Code was amended in 1992 to provide a period of 90 days for filing of revision petition and a provision was added prescribing limitation of 90 days for filing of revision by a new Article 162A in the Limitation Act 1908. The Supreme Court, however, in 2001 SCMR 286 held that in view of section 29 (2) of the Limitation Act 1908 the provisions of section 5 of the Limitation Act are not applicable in cases of delay in filing revision petitions under section 115 CPC as the CPC is a special law. Prior to this judgment in AIR 1952 Mad 186 it has been held that the CPC is a general law and section 29 (2) of the Limitation Act do not apply to it. The Chairman observed that the judgment of the Supreme Court has become public property which cannot be recalled at this moment. After deliberations the Commission approved that in Section 115 of the Code an amendment may be made extending the application of Section 5 of the Limitation Act 1908 to the revision filed under Section 115 of the Code as made applicable in Order IX rule 13 of the CPC to meet the eventuality.

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Report # 83 Amendment of Rules Framed Under Stamp Act 1899 The Secretary explained to the Commission the observations of the Chief Justice, Lahore High Court that one of the cause in rise of litigation is the false agreements made in the back date on the Stamp Papers issued with in the back date by the stamp venders. The Lahore High Court, therefore, proposed that the rules under the Stamp Act, 1899 may be amended to provide for printing of each stamp paper with a serial number and date of printing on top of it to check the making of antedated and forged deeds and element of fraud therein While considering the proposal, the Chairman stated that the stamp venders make false entries in their sale register of stamp papers and sell the stamp papers in the back date in connivance with the party which fraudulently prepares on it antedated or forged deed in regard to immovable property i.e. agreement to sell, rent deeds, gifts and other documents creating title or interest in such property. The Chief Justice, High Court of Sindh informed the Commission that in Karachi the stamp papers are issued to the attorneys instead of parties which if not used by them are sold for using for the above purpose. The Chairman remarked that it is very important suggestion to eliminate the chances of forgery and fraud in making of deeds with regard to immovable property. The Chairman added that the venders should enter in the register of sale of stamp papers, the serial number and date of printing and the issue date and also certify date of purchase of such paper and number of challan of payment against which it is purchased on the back of the stamp paper. After deliberations, the Commission approved the proposal of the Chief Justice, Lahore High Court to amend Rules 2, 8, 26, 28 29 and 29‐A and insertion of a new rule 33A in the Supply and Distribution of Stamp Rules 1954 providing for printing of stamp papers with serial numbers with date of printing and the ex‐officio vender / licenced vender shall enter into their concerned registers of sale the serial numbers and date of printing of the stamp papers issued to the licenced vender or sold to the public and the ex‐officio vender may not issue further stock to the stamp vender unless the previous stock is sold out.

Report # 84 Execution of Foreign Decrees The Commission considered the proposal to amend Section 44‐A of the CPC 1908 which empowers the courts in Pakistan to execute a foreign decree. The Secretary explained that the proposed amendment is made on the observation of the High Court of Sindh in PLD 2003 Kar 382. The Chief Justice, High Court of Sindh explained to the Commission that it was his judgment although he does not remember the questions involved therein, however, as he recalls it related to decree passed in a foreign country having a reciprocating agreement with Pakistan for execution of decree of the courts within the two countries. The Chief Justice further expressed that the execution of decree under Section 44A of the CPC further requires fulfillment of certain conditions laid down in section 13 of the Code which are :‐ 75

(i) its pronouncement by the court of competent jurisdiction ; (ii) given on the merits of the case ; (iii) passed on correct application of the international law (iv) not to be opposed to natural justice ; (v) should not be based on fraud. The Chairman expressed that presently the conditions to be fulfilled by the decree of the foreign court for execution is not in question however, Section 44A of the Code still contains the words “the superior courts of the United Kingdom which requires to be deleted / substituted as done in the Indian CPC. The other members agreed to the views of the Chairman and the Commission approved that the words “United Kingdom” may be deleted from Section 44A and words “reciprocating country and territory” may be replaced for it.

Report No. 85 The Caste Disabilities Removal Act 1850 The Commission considered the Caste Disabilities Removal Act, 1850. The Commission was explained by the Secretary that a number of letters were issued to the Council of Islamic Ideology to supply the copies of study of the law while recommending amendment in the Act by the Council, for placing before the Commission but the Council replied that there is no record o study available in the Council. The Secretary further explained that the amendment proposed by the Council of Islamic Ideology is adopted from the book written by one of its Chairman, Mr. Justice (Retd) Tanzilur Rehman. The Chairman observed that the issue relating to guardianship is very technical and will create a lot of problems, therefore, the Commission dropped the proposal of adding proviso to the Act however the Commission recommended omission of the words “East India Company” from the Act.

Report No. 86 The Kazis Act 1880 The Commission also considered the Kazis Act 1880 which was earlier deferred in the last meeting for want of report of Mr. Justice (Ret) Amirul Mulk Mengal that in certain areas of Balochistan, Kazis are still appointed and functioning under the Act. The learned Member informed the Commission that the appointment of Kazis under the Kazis Act 1880 is different than the appointment of Kazis under the Dastoorul Amal Diwani Qalat and Shariat Regulations enforced in parts of Balochistan. He added that there are no Kazis appointed under the Kazis Act in the Province of Balochistan. The Secretary, Law and Justice Division informed that the Act has already been repealed in its application to the Federal territory. The Commission, therefore, approved repeal of the Qazi’s Act 1880 in its application to the Provinces. 76

Report No. 87

Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act The Commission considered the Provincial Motor Vehicles Act and the amount of compensation prescribed therein for the death or hurt caused by an accident. The Chairman expressed that existing amount of compensation for the loss of life in accident as rupees ten thousand is a meager amount which may be as nearly as possible to the amount of Diyat according to circumstance of the case. Mr. Justice Qazi Muhammad Farooq expressed that the compensation under section 67 of the Ordinance for the loss of limb or hurt in accident under the Act may also be as nearly as the amount of Arsh prescribed for hurt in the PPC. The Commission observed that most of the accidents on the roads happen because of attending mobile phone calls or watching T.V etc by the drivers which diverts their attention from the safe driving therefore, the Commission resolved that these may be made an offence under the Act punishable with the fine of rupees two thousands. For driving of vehicle without insurance the present fine of rupees two thousands may be enhanced to rupees five thousands. Fine for driving without licence and by the juvenile differently prescribed in four provinces may be enhanced to rupees one thousand. After thorough deliberations, the Commission approved the working paper and in particular the following enhancement of fine to various offences under the Act. 1 2 3 4 Nature of offence Imprisonment Fine existing Proposed Increase 97. Driver being disqualified, 6 month 500 1000 obtaining new licence without disclosing disqualification If vehicle is a transport vehicle 2 years 1000 2000 97‐A. [in Sindh] Fabricating 2 years or Fine This provision may registration plate in contravention of 2 years also be made section 25 applicable in Balochistan, NWFP, Punjab and Federal Capital 98 (1) Driving at excessive speed ‐ 100‐500 500‐1000 98 (2) ‐ 200‐500 500‐1000 9. driving recklessly or 6 months 500 1000 if transport vehicle 1 year 1000 2000 99(2). Subsequent offence 2 years 1000 5000 Transport Vehicle 4 years 1000 5000 77

100. Driving under influence of drug 6 months 1000 2000 subsequent offence 2 years 1000 5000 101. Driving when mentally or ‐ 200 1000 physically unfit ‐ subsequent offence 500 5000 103. racing and trials of speed 6 months 1000 5000 104. Using vehicle in unsafe condition 1 month 500 1000 if such defect cause injury 6 months 1000 5000 106. using vehicle without permit 6 months 500 1000 subsequent offence 2 years 1000 5000 112. General Provision where no fine 100 500 penalty is prescribed subsequent offence 500 2000

Report No. 88 Amendment in the Arms Ordinance, 1965 The Commission considered amendment in the Arms Ordinance, 1965 proposed by Mr. Justice Muhammad Sadiq Leghari, Judge, High Court of Sindh that offence under section 13 and 14 of the Arms Ordinance, 1965 is triable by the Court of Magistrate however, in many cases it has been connected with the offence punishable under some other law triable by the Court of Sessions which results in clash of decisions of the two courts. It was therefore, proposed that when an offence triable by court of Sessions is connected with the case triable by Court of Magistrate under the Arms Ordinance the later case may be tried by Court of Sessions instead of the Magistrate. The Chairman observed that the proposed amendment in very useful which addresses the anomaly in trial of two connected offences and the accused on having acquitted by the Court of Magistrate produces copy of the judgment of his acquittal by the Magistrate under the Arms Ordinance in the Court of Sessions as a defence or a notice of circumstance going in his favour and gets acquittal or lesser punishment. After these deliberation the Commission proposed the amendment in the Arms Ordinance, 1965

Report No. 89 Preventing Banking Companies to Levy Service Charges on Small Deposits

The Commission considered the levy of service charges on deposit of small account holders by the commercial banks. The Secretary read out the comments of the State Bank of Pakistan called vide Commission’s directions in a meeting in the past. The Chairman expressed that these service charges are a sort of imposition of tax upon 78

deposits of small account holders who generally belong to the poor segments of society and cannot keep consistently an amount of Rs. 5000/‐ in their accounts. The Commission further observed that the State Bank has given an open hand to the commercial banks to charge whatever they like from the accounts of the small deposit holders i.e. from Rs. 50/‐ to 300/‐ on monthly basis which could consume whole the savings of the poor depositors when the big account holders are exempted from such charges and it is clear discrimination to the small account holders. The Commission observed that the State Bank of Pakistan may direct the commercial banks to not to recover the service charges from the small account holder which generally belong to labourers and farmers particularly of the rural areas and treat them equal to big account holders having deposits above Rs. 5000/‐. The Commission further directed that the deduction of specified amount from deposits at the time of closing of account is also unfair. Further, that the method of fixing profit on deposits, after deducting expenditure/ administrative charges, in an arbitrary way is also unfair to the general public who are thus deprived of their due share of profit. With these observations, the Commission directed that this recommendation may be sent to the Ministry of Finance for implementation by directing the State Bank of Pakistan to carry out the recommendation of the Commission in letter and spirit. 79

6.8. Implementation of Recommendations By the Federal Government Report Subject Status # 1 First Report on Fatal Accident Act 1855 Implemented 2 Second Report on Fatal Accidents Act Not Implemented 1855 3 Report on Establishment of Courts of Considered and partly Qazis Ordinance 1981 Implemented in qanoon‐e‐shahadat order 1984 4 Report on Law of Evidence Not Implemented 5 Report on Rent Restriction Laws and Not Implemented Draft Ordinance 6 Report – re: the Proposed Draft “Law Not Implemented of Evidence” 7 Report on Elimination of False A few administrative measures Evidence from the Judicial System in have been adopted to adopt the country recommendations 8 Report on Elimination of False Not Implemented Evidence from the Judicial System ‐‐ II 9 Report on a Reference Received from Reference Replied the Federal Government on the Proposed Ordinance re: Law of Evidence 10 Report on Qisas and Diyat Not Implemented 11 Filling a Legal Vacuum Not Implemented 12 Reformation of Family Laws Partially Implemented 13 Reformation & Modernization of Not Implemented Service Laws (Part I) 14 Report on Rent Restriction Laws Not Implemented 15 Enhancing the Powers of Ombudsman Not Implemented (Wafaqi Mohtasib) 16 Scheme for Redress of Public Not Implemented Complaints 17 Amendment in Criminal Procedure Not Implemented Code 18 Extension of Jurisdiction of Service Not Implemented Tribunals to Employees of Statutory Corporations 19 Eradication of Qabza Group Activity Considered and partially Implemented in Illegal dispossession act. 20 Prevention of Unfair Means in Not Implemented Examinations 21 Improving the Performance of Pakistan Not Implemented Law Commission 22 Report on Criminal Justice System Party implemented 80

23 Report on Jail Reform Not Implemented 24 Reformation & Modernization of Laws Not Implemented (Part II) 25 The Role of Pakistan Bar Council in the Not Implemented Promotion of Human Rights 26 Administrative Procedures Act for the Not Implemented Federal Government of Pakistan 27 Legislation pertaining to Maternity Implemented to the extent that the Benefits amount of maternity benefit has been increased from 12 Ana per day to last pay drawn 28 Elimination of Child Labour Not Implemented 29 Elimination of Double Jeopardy in Not Implemented Drugs‐related Offences 30 Reform of the Juvenile Justice System Considered and included in JJSO 2000 31 Amendment in Section 145 of the Not Implemented Criminal Procedure Code 32 The Small Claims and Minor Offences Implemented vide the Small Claims Courts Ordinance, 2001 and Minor Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002). 33 The Family Courts (Amendment) Implemented vide the Family Ordinance 2001 Courts (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002). 34 Conferring Powers under Section Implemented vide the Code of 491(1) (a) (b) of the Code of Criminal Criminal Procedure (Amendment) Procedure 1898 on the Court of Ordinance, 2002 (VIII of 2002 dated Session. 9.2.2002). 35 Amicable Settlement of Disputes. Implemented vide the Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002 dated 21.7.2002).

36 Enhancement of pecuniary original Implemented by Peshawar High jurisdiction of civil courts Court and High Court of Sindh 37&38 Enhancement of pecuniary Implemented by Government of original/appellate jurisdiction of Sindh District Courts at Karachi and other than Karachi in Sindh 39 Enhancement of punishment of fine Implemented vide the Criminal under the Pakistan Penal Code Law Reforms Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002). 40 Amendment of Sections 32, 260 and Implemented vide the Criminal Law 261 of the Code of Criminal Procedure (Amendment) Ordinance, 2002 1898 (LXXXV of 2002 dated 25.10.2002). 81

41 Trafficking in Children for use as Camel Implemented vide the Prevention Jockeys and engaging in hazardous and Control of Human Trafficking employment Ordinance, 2002 (LIX of 2002 dated 3.10.2002).

42 Addition of the Offence of Molestation Not yet implemented. to the Pakistan Penal Code 1860. 43 Right of Appeal Against Acquittal to Not yet implemented. Private complainant under the Anti ‐ Terrorism Act 1997. 44 Punishment on bouncing of cheque Implemented vide the Criminal Law (Amendment) Ordinance 2002 (LXXXV of 2002 dated 25.10.2002).

45 Strengthening Capacity and Expanding Implemented vide the Law the Functions of Law and Justice Commission (Amendment) Commission of Pakistan Ordinance 2002(LXXX of 2002 dated 9.10.2002) 46 Amendment in Section 345 and the Not yet implemented. Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable 47 Punishment for the Offence of Gang Not yet implemented. Rape 48 Releasing the Female Accused on Bail. Not yet implemented. 49 Examination of Section 54 & 167 of the Not yet implemented. Code of Criminal Procedure 1898.

50 Prohibition of Unauthorized Business Not yet implemented. of sale/Purchase of National Prize Bond. 51 Banning the Tradition of Vani(Giving Implemented. Female as consideration for compromise).

52 Access to Justice Development Fund Implemented. Rules 2002. 53 Amendment in the Pakistan Penal code Not yet implemented. 1860 to provide Punishment for Absconding from Trial.

54 Reforming the W.P. requisitioning of Not yet implemented. Immovable Property (Temporary Powers) Act 1956. 55 Amendment in the Children (Pledging Not yet implemented. 82

of Labour) Act 1933. 56 Amendment in sections 11‐A, 11‐B & Not yet implemented. 11‐C of the Security of Pakistan Act 1952. 57 Amendment in Sections 427, 428, Not yet implemented. 429& 435 of the Pakistan Penal Code 1860. 58 Enhancing the Limit Prescribed to File Not yet implemented. suit in forma Pauperis. 59 Amendment in the Federal Services Not yet implemented. Medical attendance Rules 1990. 60 Amendments in the Land Not yet implemented. Revenues Rules 1968. 61 Prohibiting Excessive Expenditure on The Supreme Court by its judgment Marriage Ceremony and Dowry. validated the Federal Govt. Law on the subject.

62 Expediting Trial Proceedings. Not yet implemented.

63 Omission of Repealed Sections of Not yet implemented. Pakistan Penal Code, 1860 from the Code of Criminal Procedure, 1898. 64 Amendment in Section 351 of Code of Not yet implemented. Criminal Procedure, 1898. 65 Amendment in Section 67 of Not yet implemented. the Pakistan Penal Code, 1860. 66. Amendment in Sections 513 and 514 of Not yet implemented. the Code of Criminal Procedure, 1898. 67. Amendment of Section 17 of Not yet implemented. Registration Act, 1908. 68. The Federal Court Bill, 2005. Not yet implemented. 69. The Law Reforms Bill, 2005. Not yet implemented. 70. Enhancing the Punishment of Fine Not yet implemented. Prescribed in Various Statutes. 71. Amendment in Access to Justice Implemented. Development Fund Rules 2002, and LJCP Employees Rules. 72. Accounting Procedure of Access to Implemented. Justice Development Fund, 2005. 73 Amendment of Section 10 of the W. Not implemented Pak. Family Courts Act, 1964. 74 Amendment in Sections 5 and 7 of the Not implemented Muslim Family Laws Ordinance, 1961 75 Amendment of Sections 11,13 and 14 Not implemented of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 83

76 Enhancement of Punishment of Fine in Not implemented Provincial Statues 77 Amendment in Section 9 of the Muslim Not implemented Family Laws Ordinance, 1961 and Schedule of the Family Courts Act, 1964. 78 The Recusant Witnesses Act, 1853. Not implemented 79 Amendment in the Law and Justice Implemented Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992. 80 The Jail Reforms (Revised) Report. Not implemented 81 Registration of Documents Recently Sent to the M/o Law & Justice For Implementation 82 Amendment in the First Schedule of Recently Sent to the M/o Law & the Limitation Act, 1908 & Section 115 Justice For Implementation of the Cod of Civil Procedure 1908 83 Amendment of Rules Framed under Recently Sent to the M/o Law & Stamp Act 1899 Justice For Implementation 84 Execution of Foreign Decrees Recently Sent to the M/o Law & Justice For Implementation 85 The Caste Disabilities Removal Act Recently Sent to the M/o Law & 1850 Justice For Implementation 86 The Kazis Act 1880 Recently Sent to the M/o Law & Justice For Implementation 87 Amendment in the Balochistan, NWFP, Recently Sent to the M/o Law & Punjab and Sindh Motor Vehicles Justice For Implementation Ordinance 1965 and Section 94 of the Motor Vehicles Act 88 Amendment in the Arms Ordinance Recently Sent to the M/o Law & 1965 Justice For Implementation 89 Preventing Banking Companies to Levy Recently Sent to the M/o Law & Service Charges on Small Deposits Justice For Implementation

7. Public Awareness Scheme: The Commission runs a Public Awareness Scheme where under write‐ups are prepared in Urdu on issues/problems of public interests/concern and published through the national press. The purpose is to inform the people of their legal rights/entitlements and describe the procedure for enforcing such rights/entitlements. The material is also hosted on the Commission’s website.

The Commission published write‐ups in Urdu on various subjects in the shape of a book titled “Qanun‐Fehmi”, four volumes have been published, which can be obtained from the sale centres of National Book Foundation at Islamabad and its regional offices. List of topics already completed and pending is mentioned in Annex II. 84

8. Commission/NJPMC publishes Annual Reports of the Courts:

Under amendments made to its own law and the NJPMC Ordinance, 2002, the Law and Justice Commission of Pakistan has been entrusted with the responsibility to print court reports on annual basis along the same lines as the other official reports such as the Economic Survey of Pakistan, Report of the Ombudsman’s Office and others. The Commission’s Secretariat managed to compile the following reports of the courts:

• Judicial Statistics of Pakistan, 2006 • Administrative Tribunals and Special Courts, 2006

The publication of the annual reports of the Courts in Pakistan is an endeavor to ensure greater transparency and accountability in the judicial system. Judicial data/statistics indicating institution/disposal of cases and court/judge performance has been included in these reports along with organizational set up, finances and an evaluation of the performance of the institution at the federal/provincial levels. This is indeed a pioneering effort in the Asian‐Pacific region, and even beyond.

The data included in the reports can be very effectively used to formulate effective policies for judicial and law and order administration in the country. For example, the following sample statistics not only give us an idea of the huge workload of the courts but also highlight the importance of continued efforts for delay reduction in some of the provinces;

8.1. Summary Data for the Supreme Court of Pakistan

Consolidated Statements for the Principal Seat and Branch Registries (From 1‐01‐ 2005 to 30‐06‐2006)

PETITIONS

Balance as on Balance as on Location Institution Total Disposal 01‐01‐2005 30‐06‐2006 Islamabad 8687 4017 12704 10763 1941 85

Lahore 9601 4443 14044 7942 6102 Karachi 1015 1471 2486 1932 554 Peshawar 1418 1053 2471 1494 977 Quetta 170 305 475 387 88 Total 20891 11289 32180 22518 9662

35000

30000

25000 Islamabad 20000 Lahore 15000 Karachi Peshawar 10000 Quetta 5000 Total

0 Balance as Institution Total Disposal Balance as on 01-01- on 30-06- 2005 2006

86

8.2. Appeals

Balance as on Balance as on Location Institution Total Disposal 01‐01‐2005 30‐06‐2006 Islamabad 6652 3108 9760 4566 5194 Lahore 0 488 488 487 01 Karachi 69 638 707 596 111 Peshawar 0 211 211 211 0 Quetta 03 68 71 55 16 Total 6724 4513 11237 5915 5322

12000

10000

8000 Islamabad 6000 Lahore Karachi Peshawar 4000 Quetta Total 2000

0 Balance Institution Total Disposal Balance as on 01- as on 31- 01-2005 06-2006

87

8.3. Consolidated Statement for All Cases from 01‐01‐2005 to 30‐06‐2006

Previous Total Current Institution Disposal Remarks Cases Pendency Pendency Pendency Decreased Petitions 20891 11289 32180 22518 9662 by 11229 Decreased Appeals 6724 4513 11237 5915 5322 by 1402 Decreased G/T 27615 15802 43417 28433 14984 By 12631

35000

30000

25000

20000

Petitions 15000 Appeals

10000

5000

0 Previous Institution Total Disposal Current Pendency Pendency Pendency

88

8.4. Federal Shariat Court.

Court Performance During The Year 2006

Received Institution Disposal Through Balance Pendency Transferred S.N Category of from from Transfer on On Total to Head o Cases 1‐1‐2006 to 1‐1‐06 to from 1‐1‐2007 1‐1‐2006 Office 31‐12‐2006 31‐12‐06 1‐1‐06 to 31‐12‐06 1. Cr.Appeals 828 689 1517 343 ‐ ‐ 1174 (Against Conviction) 2. Cr.Appeals 589 178 767 60 ‐ ‐ 707 (Against Acquittal) 3. Cr.Revisions 10 07 17 08 ‐ ‐ 09 (Against Conviction) 4. Cr.Revisions for 129 51 180 27 ‐ ‐ 153 Enhancement 5. Cr.Revisions 76 147 223 94 ‐ ‐ 129 (other matters) 6. Cr.P.S.L.A. 80 35 115 02 ‐ ‐ 113 7. Cr.Murder 83 36 119 23 ‐ ‐ 96 Reference 8. Hadd Reference 04 02 06 02 ‐ ‐ 04 9. Cr.Suo Moto 13 03 16 04 ‐ ‐ 12 10. Cr. Review 01 ‐ 01 01 ‐ ‐ ‐ 11. Cr.Misc: 509 963 1472 790 ‐ ‐ 682 12. Shariat Matters 287 14 301 ‐ 39 ‐ 301 13 Remanded ‐ 118 118 ‐ ‐ ‐ 118 Shariat Matters Total: 2609 2243 4852 1354 39 ‐3498 Category Wise Consolidated Position During the Year 2006

89

8.5. Consolidated Position for Criminal Matter at the Principal Seat and Bench Registries during the Year 2006

Institution Disposal Pendency Principal Seat from from Balance on S. No. on Total and Benches 1‐1‐2006 to 1‐1‐06 to 1‐1‐2007 1‐1‐2006 31‐12‐2006 31‐12‐06 Principal Seat 1 422 754 1176 492 684 Islamabad Bench Registry 2 1299 1041 2340 547 1793 Lahore Bench Registry 3. 156 141 297 157 140 Karachi Bench Registry 4. 141 59 200 58 142 Peshawar Bench Registry 5. 304 116 420 100 320 Quetta Total: 2322 2111 4433 1354 3079

Principal Seat 492 754 Islamabad 422

Bench Registry 547 1041 Lahore 1299

Bench Registry 157 141 Disposal Karachi 156 Institution Bench Registry 58 Pendency 59 Peshawar 141

Bench Registry 100 116 Quetta 304

0 200 400 600 800 1000 1200 1400

Number of Cases Principal Seat and Registries: Criminal Matters

90

8.6. Category‐wise Consolidated Position for Criminal Matters During the Year 2006

Balance Pendency Institution Disposal Total on 1‐1‐ on from from S. No. Category of Cases 2007 1‐1‐2006 1‐1‐2006 to 1‐1‐06 to

31‐12‐2006 31‐12‐06

Cr.Appeals 1. (Against 828 689 1517 343 1174 Conviction) Cr.Appeals 2. (Against 589 178 767 60 707 Acquittal) Cr.Revisions 3. (Against 10 07 17 08 09 Conviction) Cr.Revisions for 4. 129 51 180 27 153 Enhancement Cr.Revisions 5. 76 147 223 94 129 (other matters) 6. Cr.P.S.L.A. 80 35 115 02 113 7. Cr.Murder Ref: 83 36 119 23 96 8. Hadd Reference 04 02 06 02 04 9. Cr.Suo Moto 13 03 16 04 12 10. Cr. Review 01 ‐ 01 01 ‐ 11. Cr.Misc: 509 963 1472 790 682 Total: 2322 2111 4433 1354 3079

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8.7. FSC Consolidated: Criminal Matters Category‐wise Consolidated Position for Shariat Matters at the Principal SeatAnd Bench Registries During The Year 2006.

Institution Disposal Received Balance Pendency from Transferred Total from Principal through on on 1‐1‐2006 H.Office from 1‐1‐06 S. No. Seat/Benche transfer 1‐1‐2007 1‐1‐2006 to 1‐1‐06 To to s from 1‐1‐06 to 31‐12‐ 31.12.06 31‐12‐ 31‐12‐06 2006 06 Principal Seat 1 Islamabad 205 07 ‐ 39 251 ‐ 251 Bench

2 Registry 55 07 31 ‐ 31 ‐ 31 Lahore Bench

3. Registry 18 ‐ 03 ‐ 15 ‐ 15 Karachi Bench

4. Registry 09 ‐ 05 ‐ 04 ‐ 04 Peshawar Bench

5. Registry ‐ ‐ ‐ ‐ ‐ ‐ ‐ Quetta Remanded

6. Shariat ‐ ‐ ‐ ‐ 118 118 118 Matters Total 287 132 39 39 419 ‐ 419

8.8. Statement Showing Pendency, Institution and Disposal af Cases at Federal Shariat Court

Cases Institution Pendency Upto 31‐5‐2006 Criminal Matters 827 2401 Shariat Matters. 8 291

92

8.9. Statement showing Pendency, Institution and Disposal of cases of Lahore High Court

Institution Total Disposal Pendency Balance 22714 92331 22794 69617

District‐wise statistics of subordinate Judiciary in Punjab

Case Categories Institution Disposal Pending Balance Sessions 144008 147317 69048 Civil 209651 196127 491289 Criminal 155045 153650 451714

8.10. Statement showing pendency, Institution and Disposal of Cases of Peshawar High Court

Previous Balance Institution Total Disposal Balance 13202 1300 14502 1331 13171

8.11. Statement showing Pendency, Institution and Disposal of Cases of High Court of Sindh

Name of Court Previous Instituti Maters Total Disposal Balance Balance on Restored Principal Seat at 15547 79 5 16331 724 15607 Karachi Circuit Court 523 155 0 678 119 559 Larkana Circuit Court 2287 204 2 2493 282 2211 Hyderabad Circuit Bench at 2242 245 0 2487 220 2267 Sukkur

8.12. Statement Showing the Institution, Disposal and Balance of Criminal, Civil and Family Cases of Judicial Districts in Sindh for the month of April 2006.

Criminal Jurisdiction Last Balance Institutions Transferred Disposal Transferred In Balance out 76803 7743 4 8647 1 75902

93

Civil Jurisdiction Last Balance Institutions Transferred Disposal Transferred In Balance out 36955 2838 2 2450 7 37338

Family Cases Last Balance Institutions Transferred Disposal Transferred In Balance out 7774 1295 0 1301 0 7768

8.13. Statement showing Pendency, Institution and Disposal of Cases of Cases of High Court of Balochistan

Previous Balance Institution Total Disposal Balance 2428 373 2801 324 2477

8.14. Statement showing Pendency, Institution and Disposal of Cases of Cases of Federal Service Tribunal during 2006

Previous Balance Institution Total Disposal Balance 20259 2296 22555 1211 20453

94

The following Annual Reports of courts of Pakistan for the year 2001 to 2006 have been published by the Commission’s Secretariat which are available on the website

Reports 2001

The Supreme Court of Pakistan The High Court of Sindh The Lahore High Court The High Court of Balochistan

Reports 2002

The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts

Reports 2003

The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts

Reports 2004

Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts.

Reports 2005

Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts.

Reports 2006

Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts.

95

The Constitution of Pakistan, 1973 including all the amendments made therein, is also available on the site.

The lists of Federal and Provincial statues and articles published in various law journals are available in chronological order and with consolidated index. Information about the judicial system in the country i.e. hierarchy of judicature, strength of judges, advocates and law officers is also available on the web‐site.

9. Commission’s Website:

The Commission is equipped with computers, which are interlinked through network. All the officers of the Secretariat have the facility of computers. The Commission also has its website i.e. www.ljcp.gov.pk. It contains detailed information about the functions and composition of the Commission and its Secretariat. The Commission’s statutes and rules are also available on the website. All approved reports of Commission on different subjects are available on the website.

A Public Awareness Scheme, containing write‐ups in Urdu on typical issues/problems is also being run on the website to make the society law‐conscious.

10. Procedure of Selection of Projects:

A project is selected on receipt of reference from the Federal or a Provincial Government or upon feedback received from the general public either directly addressed to the Commission or referred by any Ministry/Division/Department of the Government. Anomalies in laws pointed out by the High Courts, Federal Shariat Court and the Supreme Court of Pakistan are also taken note of by the Secretariat. A review of implementation of directions of the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court is also carried out regularly to remove the provisions of laws from the statute book/code held contrary to the injunctions of Islam. Issues on laws raised in the national press also come under consideration of the Commission.

The Chairman or the Secretary determines the priority of any project for study. A study includes reference to various law books on the subject and discussions and consultations with the experts in the relevant field. Views of the concerned agency of the Federal or Provincial Governments administering the law are also invited. Draft proposals are considered in meetings of the Secretariat for improvement. Workshops are held and public opinion is solicited where considered necessary.

96

11. Commission’s Finances:

In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2005 ‐2006:

Budget 2006‐07 (Pakistan Rupees)

Ratio of salary to Ratio of salary Category Allocation non‐salary budget Utilization to non‐salary (%) budget (%) Total 10451000 100 10,730,299 100 Salary 8181000 78.27 8502914 79.24 Non‐Salary 2270000 21.72 2227385 20.75

The salary budget of LJC includes all the establishment costs incurred on pay and allowances of the officers and staff; while the non‐salary budget is meant for provision of goods and services to run the day‐to‐day business of the organization.

In view of the expanded mandate of the LJC, the non‐salary budget is no longer sufficient to meet the needs of the organization. Some of the new statutory functions of LJC such as the publication of the annual reports of the judiciary were discharged with the financial support provided by the Program Management Unit of Access to Justice Program.

12. Other Activities: • Miss Tanveer Badar, Section Officer, undergone training w.e.f 6‐11‐2006 to 27‐12‐2006, in the Secretariat Training Institute under step down training program. As being masters conducted period training course to the staff of the Secretariat i.e. UDC / LDC w.e.f 7‐3‐2007 to 13‐3‐2007, in the following subjects:

S. No Subject (i) Receipt and distribution of papers (ii) Procedure for Diarising and disposal of papers (iii) Perusal of receipt at Dak Stage (iv) Diarising of receipts (v) Opening of new files 97

(vi) Referencing (vii) Movement of files (viii) Checks on delays (ix) Preparation of monthly arrear return etc

• Afghan Judicial Officials / Prosecutors were given briefing by Secretary, LJCP in the Commission Secretariat on 24‐03‐2007. • On invitation from the Director General, Federal Judicial Academy, Islamabad, Syed Nasir Ali Shah, attended Academy for capacity building training for two weeks w.e.f 2‐4‐2007 on 14‐4‐2007. • The Management Services Wing, Islamabad, vide D.G letter dated 30‐05‐2007, deployed four interns for internship in the Law and Justice Commission Secretariat. The following interns are undergoing internship. 1‐ Mr. Farukh Bashir, Intern 2‐ Mr. Manzoor Ahmed, Intern 3‐ Tamoor Arshad, Intern 4‐ Hafiz Muhammad Siddique, Intern • In house computer training given to officers / staff of the Secretariat w.e.f 3‐12‐ 2007 to 8‐3‐2008 by Malik Mansoor Riaz, Computer Operator, under the supervision of MIS Manager. This kind of training was previously given by the Pakistan Computer Bureau. List of participating Staff 1‐ Mr. Muhammad Khattab 2‐ Mr. Muhammad Nisar 3‐ Mr. Muhammad Sadiq 4‐ Mr. Ali Mughal 5‐ Mr. Fakhar Alam 6‐ Mr. Muhammad Yousuf

98

• Briefing given by Secretary, LJCP to Shariah Trainees of International Islamic University, Islamabad, (list enclosed) on 2‐8‐2007, in the conference room of LJCP Secretariat. (68/C), 1. Mr. Muhammad Yamin Addl. District & Sessions Judge, Mirpurkhas, 2. Mr. Aftab Ahmed Bughio Addl. District & Sessions Judge, Ghotki 3. Mr. Ijaz Ahmed Buzdar District Coordination Officer,Noshki 4. Mrs. Zareena Abbasi Addl. District & Sessions Judge,Hyderabad 5. Mr. Najeeb‐u‐llah Jaffar District Attorney / Public prosecutor, For A.T.C‐I Quetta 6. Ch. Muhammad Munir Addl. District & Sessions Judge,Rawalpindi 7. Mr. Hussain Ali Panhwar District & Sessions Judge, Rawlakoat 8. Maulvi Muhammad Qasim Member Maajlis‐e‐Shoora, Loralai, Quetta 9. Raja Imtiaz Ahmed Senior Civil Judge, Bimber, AJK 10. Mr. Razad Ahmed Khan Deputy Secretary, Law, Muzaffarabad 11. Mr. Jamal Mustafa, Reader , Federal Shariat Court, Islamabad 12. Flt. Lt. Naseem Akhtar Asstt. Director Housing (Legal) Air Head Quarter Islamabad, Sector E‐9, Islamabad 13. Mr. Jawed Latif Memon Deputy District Attorney , Khairpur 14. Mr. Safeer Qasir Malik, Section Officer (Litigation) NWFP (Law Department) 15. Mr. Shakeel Asghar Additional Government Pleader Labour Court, Peshawar NWFP (Law Department) 16. Mr. Imranullah, Additional Government Pleader, District Bannu, NWFP 17. Mr. Arif Ullah Shah Deputy Public Prosecutor,Peshawar 18. Mr. Muhammad Khalid Deputy Public Prosecutor,Peshawar 19. Mr. Saeed Naeem Deputy Public Prosecutor, Swat 20. Mr. Zahoor Ahmed Civil Judge‐III, Quetta Langove 99

21. Ch. Arshad Ali, Prosecuting Deputy Superintendent of Police, Jaffarabad Quetta 22. Mirza Muhammad Usman PDSP, AJK 23. Mr. Muhammad Yaqoob DSP / Legal Lahore Toor 24. Mr. Aman‐Ullah DSP / Legal Mianwali 25. Mr. Hafeez‐ur‐Rehman DSP / Legal Mianwali 26. Muhammad Siddique, DSP / Legal, Sheikhupura

13. Legal Discovery Centre:

The U.S. Embassy in Pakistan has launched the American Legal Discovery Centre (ALDC) project to equip 7 law libraries in Pakistan with access to the latest legal information in United States and provide opportunity for the Pakistani legal community, scholars, and researchers to broaden their knowledge of the legal system of the United States. The first American Legal Discovery Centre was presented to the Library of Law and Justice Commission of Pakistan on 7‐12‐2004 by the Embassy Press Attaché Greggory Crouch.

14. Relations with other Law Commissions: The Commission maintained its contacts with overseas law reform agencies during the year. Through such interaction, ideas have been exchanged on issues of common interest and information has been shared. Copies of reports of the Commission are sent to law reform commissions of the other countries and vice versa. A list of useful contacts is available in Annexure IV. 100

Annex‐I 15. Annexures:

15.1. Former Chairmen of the Commission

Name Period 1. Mr. Justice S. Anwarl Haq 15.09.1979 to 25.03.1981 2. Mr. Justice Muhammad Haleem 23.03.1981 to 31.12.1989 3. Mr. Justice Muhammad Afzal Zullah 01.01.1990 to 18.04.1993 4. Mr. Justice Dr. Nasim Hasan Shah 17.04.1993 to 14.04.1994 5. Mr. Justice Saad Saood Jan 15.04.1994 to 05.06.1994 6. Mr. Justice Sajjad Ali Shah 05.06.1994 to 02.12.1997 7. Mr. Justice Ajmal Mian 03.12.1997 to 30.06.1999 8. Mr. Justice Saiduzzaman Siddiqui 01.07.1999 to 26.01.2000 9. Mr. Justice Irshad Hassan Khan 26.01.2000 to 06.01.2002 10. Mr. Justice Bashir Jehangiri 07.01.2002 to 31.01.2002 11. Mr. Justice Shaikh Riaz Ahmed 01.02.2002 to 31.12.2003 12. Mr. Justice Nazim Hussain Siddiqi 31.12.2003 to 29.06.2005

15.2. Former Secretaries of the Commission

Name Period 1. Mr. Abdus Salaam Shibli 15.11.1979 to 26.01.1985 2. Malik Hakam Khan 27.01.1985 to 15.10.1985 3. Mr. M.A. Latif 16.10.1986 to 07.09.1990 4. Mr. Muhammad Zakaullah 08.09.1990 to 31.07.1998

15.3. Former Members of the Commission

From 15 October 1979 to 14 October 1982 (i) Chairman, Council of Islamic Ideology. (ii) Chief Justice, High Court of Baluchistan. (iii) Chief Justice, Lahore High Court. (iv) Chief Justice, High Court of Sindh. (v) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Mr. Justice (Retd) Salahuddin Ahmad, Member, Council of Islamic Ideology. (viii) Mr. S. Sharifuddin Pirzada, Senior Advocate, Supreme Court and Attorney General for Pakistan. 101

(ix) Prof. Sheikh Imtiaz Ali, Principal, University Law College, Lahore. (x). Mr. Bashir Ahmad Ansari, Senior Advocate, Supreme Court, Rawalpindi. (xi) Mr. Z.C. Vallani, Advocate, Karachi. (xii) Mr. Justice (Retd) Dr. I. Mahmud, Member of the Council of Islamic Ideology, Vice Mr. Justice (Retd) Salahuddin Ahmad (appointed on 1st September 1980). (xiii) Mr. Justice (Retd) Jamil Hussain Rizvi, Member of the Council of Islamic Ideology, Vice Mr. Justice (Retd) Dr. I. Mahmud (appointed on 6th July 1981). (xiv) Sheikh Ghias Mohammad, Member of the Council of Islamic Ideology, Vice the late Mr. Justice (Retd) Jamil Hussain Rizvi (appointed on 5th April 1982).

From 26 August 1983 to 25 August 1986. (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, High Court of Baluchistan. (iii) Chief Justice, Lahore High Court. (iv) Chief Justice, High Court of Sindh. (v) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law & Justice. (vii) Mr. S. Sharifuddin Pirzada, Attorney General for Pakistan and Minister of Law and Justice. (viii) Sheikh Imtiaz Ali, Vice‐Chancellor, Quaid‐e‐Azam University Islamabad.

From 23 November 1987 to 22 November 1990 (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, Federal Shariat Court. (iii) Chief Justice, High Court of Baluchistan. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vii) Secretary, Ministry of Law & Justice (viii) Mr. Ali Ahmed Fazeel, Attorney General for Pakistan. (ix) Mr. Mohammad Ali Sayeed, Advocate, Karachi. (x) Malik Muhammad Qayyum, Deputy Attorney General of Pakistan, Lahore. (xi) Qazi Muhammad Jamil, Advocate, Peshawar. 102

(xii) Sardar Muhammad Iqbal Khan Moakal Principal, University Law College, Lahore.

From 2 January 1991 to 1 January 1994 (i) Mr. Justice Shafiur Rehman, Judge Supreme Court. (ii) Chairman, Council of Islamic of Ideology (iii) Chief Justice, Federal Shariat Court (iv) Chief Justice, High Court of Baluchistan. (v) Chief Justice, Lahore High Court. (vi) Chief Justice, High Court of Sindh. (vii) Chief Justice, Peshawar High Court. (viii) Secretary, Ministry of Law, Justice & Human Rights. (ix) Dr. Hussain Hamid Hassan, President, International Islamic University (Islamabad). (x) Mr. S. M. Zafar, Senior Advocate, Supreme Court. (xi) Mr. Khalid M. Ishaq, Senior Advocate, Supreme Court.

From 14 November 1994 to 13 November 1997 (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, Federal Shariat Court. (iii) Chief Justice, High Court of Baluchistan. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vii) Secretary, Ministry of Law, Justice & Human Rights. (viii) Mr. Justice (Retd) Abdul Kadir Sheikh Judge, Supreme Court. (ix) Mr. Justice (Retd) Ali Hussain Qazilbash Judge, Supreme Court. (x) Mr. Mohammad Shafi Rakhsani, ex‐Advocate General Quetta, Baluchistan. (xi) Mr. Shahzad Jehangir, Senior Advocate, Supreme Court, Lahore.

From 13 January 1998 to 12 January 2001 (i) Chief Justice, Federal Shariat Court (ii) Chairman, Council of Islamic of Ideology. (iii) Chief Justice, Baluchistan High Court. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Mr. Justice (Retd.) Shafiur Rehman, Judge Supreme Court. 103

(viii) Mr. Justice (Retd) Burhan‐ud‐Din, Judge, Supreme Court. (ix) Mr. Abdul Hafiz Pirzada Senior Advocate, Supreme Court. (x) Mr. Basharatullah, Senior Advocate, Supreme Court

From 12 January 2001 to 2004 (i) Justice Qazi Muhammad Farooq, Judge, Supreme Court of Pakistan (ii) Chief Justice, Federal Shariat Court (iii) Chief Justice, Baluchistan High Court. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Syed Sharif‐ud‐Din Pirzada, Senior Advocate (viii) Syed Afzal Haider, Senior Advocate (ix) Muhammad Aslam Chishti, Senior Advocate (x) Mr. A.Q. Halepota, Senior Advocate 104

15.4. List of Reports

1. First Report on Fatal Accident Act 1855. 2. Second Report on Fatal Accident Act 1855. 3. Report on Establishment of Courts of Qazis Ordinance 1981. 4. Report on Law of Evidence. 5. Report on Rent Restriction Laws and Draft Ordinance. 6. Report ‐ re: the Proposed Draft "Law of Evidence" Prepared by the Council of Islamic Ideology. 7. Report on Elimination of False Evidence from the Judicial System in the Country. 8. Report on Elimination of False Evidence. 9. Report on a Reference Received from the Federal Government on the Proposed Ordinance re: Law of Evidence. 10. Report on Qisas and Diyat. 11. Filling a Legal Vacuum. 12. Reformation of Family Laws. 13. Reformation and Modernization of Service Laws. 14. Report on Rent Restriction Laws. 15. Enhancing the Powers of Wafaqi Mohtasib (Ombudsman). 16. Scheme for the Redressal of Public Complaints. 17. Amendment in the Code of Criminal Procedure. 18. Extension of Jurisdiction of Service Tribunals to Employees of Statutory Corporations. 19. Eradication of 'QABZA GROUP' Activities. 20. Prevention of Unfair Means in Examination. 21. Improving the Performance of Pakistan Law Commission. 22. Report on Criminal Justice System. 23. Report on Jail Reform. 24. Reformation and Modernisation of Service Laws (Part‐II). 25. The Role of Pakistan Bar Council in the Promotion of Human Rights. 26. Administrative Procedures Act for the Federal Government of Pakistan. 27. Legislation Pertaining to Maternity Benefits. 28. Elimination of Child Labour. 29. Eliminating Double Jeopardy in Drugs‐Related. 30. Reforming the Juvenile Justice System. 31. Amendment in Section 145 of the Cr. P. C. 32. The Small Claims and Minor Offences Courts Ordinance 2001. 33. The Family Courts (Amendment) Ordinance 2001. 34. Conferring the Powers under Section 491 (1) (a) & (b) of the Code of Criminal Procedure 1898 on the Court of Session. 35. Amicable Settlement Disputes. 36. Enhancement of Pecuniary Jurisdiction of Civil Courts. 37. Enhancement of Pecuniary Appellate Jurisdiction of District Courts. 38. Enhancement of Pecuniary Original Jurisdiction of District Courts at Karachi. 105

39. Enhancement of Punishments of Fine under the Pakistan Penal Code. 40. Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898. 41. Trafficking in Children for use as Camel jockeys and engaging in Hazardous Employment. 42. Addition of the Offence of Molestation to the Pakistan Penal Code 1860 43. Right of Appeal Against Acquittal to Private Complainant under the Anti Terrorism Act 1997 44. Punishment on Bouncing of Cheques 45. Strengthening Capacity and Expanding the Functions of Law and Justice Commission of Pakistan 46. Amendment in Section 345 and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable 47. Punishment for the Offence of Gang Rape 48. Releasing the Female Accused on Bail 49. Examination of Sections 54 & 167 of the Code of Criminal Procedure 1898. 50. Prohibition of Unauthorized Business of Sale/Purchase of National Prize Bonds 51. Banning the Tradition of Vani (Giving Female as Consideration for Compromise) 52. Access to Justice Development Fund Rules 2002 53. Amendment in the Pakistan Penal Code 1860 to Provide Punishment for Absconding from Trial. 54. Reforming the W.P Requisitioning of Immovable Property (Temporary Powers) Act 1956. 55. Amendment in the Children (Pledging of Labour) Act 1933. 56. Amendment in Sections 11‐A, 11‐B and 11‐C of the Security of Pakistan Act 1952 57. Amendment in Sections 427,428,429 & 435 of the Pakistan Penal Code 1860 58. Enhancing the Limit Prescribed to File Suit in Forma Pauperis 59. Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry 60. Expediting Trial Proceedings 61. Amendments in the Land Revenue Rules 1968 62. Amendment in the Federal Services Medical Attendance Rules 1990 63. Omission of Repealed Section of the Pakistan Penal Code 1860 from the Code of Criminal Procedure, 1898. 64. Amendment in Section 351 of the Code of Criminal Procedure 1898 65. Amendment in Section 67 of the Pakistan Penal Code 1860 66. Amendment in Section 513 and 514 of the Code of Criminal Procedure 1898 67. Amendment in Section 17 of the Registration Act 1908 68. The Federal Court Bill, 2005 69. Enhancing the Punishment of Fine Prescribed in Various Statutes. 70. The Law Reforms Bill, 2005. 71. Amendment in Access to Justice Development Fund Rules 2002, Work plan for expenditure of AJDF fund and Amendment in LJCP Employees Rules. 72. Accounting Procedure of Access to Justice Development Fund, 2005. 73. Amendment of Section 10 of the W. Pak. Family Courts Act, 1964. 74. Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 1961 106

75. Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 76. Enhancement of Punishment of Fine in Provincial Statues 77. Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and Schedule of the Family Courts Act, 1964. 78. The Recusant Witnesses Act, 1853. 79. Amendment in the Law and Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992. 80. The Jail Reforms (Revised) Report. 81. Registration of Documents 82. Amendment in the First Schedule of the Limitation Act, 1908 & Section 115 of the Cod of Civil Procedure 1908 83. Amendment of Rules Framed under Stamp Act 1899 84. Execution of Foreign Decrees 85. The Caste Disabilities Removal Act 1850 86. The Kazis Act 1880 87. Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act 88. Amendment in the Arms Ordinance 1965 89. Preventing Banking Companies to Levy Service Charges on Small Deposits

15.5. Pending Projects

15.6. Papers Completed by the Secretariat

1. Code of Conduct for Judges 2. Establishment of Administrative Courts for Tortious Liability of Government 3. Impeaching the Moral Character of Victim of Rape (Deletion of Section 151 (4) of Qanun‐e‐Shahdat Order 1984) 4. Post‐divorce ( ) Matta'a for Wife 5. Amendments Suggested in the Pre‐emption Acts 6. Amendment in Pre‐emption Law 7. Extension of Transfer of Property Act 1882 to Islamabad Capital Territory 8. Rationalising Stamp Duty on Instruments 9. Reform of Hudood Laws 10. Amendment in the Dissolution of Muslim Marriages Act 1939 11. Amendments in the Pakistan Citizenship Act 1951 12. Amendment in Section 60 and Order XXI of the Code of Civil Procedure 1908 13. Eradication of "Qabza" Group Activities 14. Amendment of Section 197 of the Code of Criminal Procedure 1898 and Section 6 (5) of the Criminal Law Amendment Act 1958 15. Amendment in the Majority Act 1875 16. Amendment in the Guardian and Wards Act 1890 17. Eliminating the Custom of Vanni (Giving Female in Marriage as Consideration for Compounding Disputes/Offences) 107

18. Deletion of Subsection (2) of Section 12 of the Code of Civil Procedure 1908 19. Amendment in Article 128 of the Qanun‐e‐Shahadat Order 1984 20. Reforming the Legal Practitioners and Bar Councils Act 1973 21. Amendment in Section 54 & 55 of the Code of Criminal Procedure 1898 22. Amendment in Article 17 of the Qanun‐e‐Shahadat Order 1984 23. Amendment in the Pakistan Names and Emblems (Prevention of Unauthorised Use) Act 1957 24. Amendment in Section 17 of the Prohibition (Enforcement of Hadd) Order 1979 25. Amendment in Juvenile Justice System Ordinance 2000 26. Amendment in the Payment of Wages Act 1936 27. Pre‐trial Hearing/Conference 28. Changing the Nomenclature of Subordinate Judicial Officers 29. The Utility Services (Redressal of Complaints) Bill 2000 30. The Water Supply Service (Redressal of Complaints) Bill 2000 31. The Consumer Protection Bill 2000 32. Early Disposal of 10 Years Old Cases 33. Amendment in the CPC and Registration Act 34. Alternate Procedure for Recording F.I.R. 35. Amendment of Section 250 Cr. P. C. 36. Amendment in the Contract Act 1872 37. Amendment in Section 102 of CPC 38. Omission of Sub‐rule (I) of Rule 4, Order XX of CPC 39. Amendment of Sections 400, 401 & 402 of the Pakistan Penal Code 1860 (Act XLV of 1860) 40. Amendment in Section 107 of the PPC to make Unlawful Jirga Verdict an offence 41. Method of Execution of Death Sentence 42. Deletion of Paragraphs & Sections of Land Reforms Regulations 1972, Land Reforms Act 1977 and Punjab Tenancy Act 1887 Declared Repugnant to the Injunction of Islam by the Shariat Appellate Bench of the Supreme Court of Pakistan. 43. Amendment in Section 2 of the Succession Act 1925 44. Amendment in Column 7 of 2nd Schedule of the Code of Criminal Procedure 1898 against Section 337A (v) of the PPC 45. Amendment in Section 95 of CPC 46. Amendment in Section 35A of CPC 47. Amendment in the Dowry and Bridal Gifts Act 1976 48. Amendment in Sections 5 & 6 of the Sugar‐Cane Act, 1934 49. Amendments in the Cantonments Pure Food Act, 1966 50. Amendment in Sections 54, 68, 70(2), 71, 72 & 93 of Order XL of the Code of Civil Procedure 1908 51. Amendment in Section 5 of the Criminal Law Amendment Act, 1958 52. Amendment in Sections 44 & 45 of the Code of Criminal Procedure 1898 53. Amendment in Section 516A of the Code of Criminal Procedure, 1898 54. Amendment in the Child Marriage Restraint Act, 1929 55. Amendment of Section 250 Cr. P. C. 108

56. Amendment in the Code of Criminal Procedure 1898 for Substitution/Deletion of Obsolete Provisions 57. Corruption and Corrupt Practices in Public Service 58. Amendment in Sections 294‐A & 294‐B of the Pakistan Penal Code 59. Blasphemy Law

17.7. Papers on Which Work is in Progress

1. Measures for Welfare of Senior Citizens 2. Tribunal for Tortious Liability of Government Servants 3. Amendment in the PPC to Make More Offences Compoundable 4. Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law 5. Legislation for Regulating Domestic Servants 6. Reformation of Laws Relating to Children to Bring them in Conformity with the International Convention on the Rights of the Child 1989, Including Issues such as Birth Registration, Health, Education, Child Labour, Juvenile Justice System 7. Amendments in Hudood Laws 8. Reformation of Personal Law of the Christian Community Pertaining to Inheritance and Family Matters 9. Modernisation of Transportation Laws 10. Reformation of Electoral Laws (Including issues such as Composition and Functions of Election Commission, Political Parties Law, Representation of People Act 1976, Delimitation of Constituencies Act 1974, Electoral Rolls Act 1974, Proportional Representation System, Representation of Women in Elective Bodies) 11. Amendments in Laws/ Rules Relating to Forests 12. Amendment in Qanun‐e‐Shahadat Order 1984 13. Regulating the Brick‐Kiln Labour 14. Amendments in Qisas and Diyat Law 15. Unification/Codification of Hindu Personal Law Relating to Matrimonial Affairs and Inheritance 16. Reformation of Cantonment Act/Rules 17. Reviewing Discriminatory Legislation Pertaining to Women 18. Amendments in Child Marriage Restraint Act 1929 19. Proposed Legislation for Regulating the Business of Motor Vehicle Dealers and Real Estate Agents 20. Law of Accountability 21. Law of Freedom of Information 22. Law on Regulating Shelter Home/Darul Aman 23. Amendments in the Arbitration Act 1940 24. Scheme for Provision of Free Legal Aid and Protection of Human Rights/Freedoms 25. Controlling the Abuse of Discretionary Powers 26. Amendments in Fatal Accidents Act 1855 27. Amendment in Canal and Drainage Act 1873 109

28. Reformation and Modernisation of the Civil Service (Amendments to the Civil Servants Act 1973, the Service Tribunal Act 1973, The Public Service Commission Ordinance 1977 and the Rules Made Thereunder) 29. Amendment in Companies Ordinance 1984 30. Amendment in Zakat and Ushr Ordinance to Remove Anomalies/Contradiction Therefrom 31. To Check Unauthorised Telephone Taping/Eavesdropping as per Direction Contained in Judgment of the Supreme Court 32. Liability of Directors of the Company Towards its Creditors and Shareholders for Healthy Economic Growth 33. Reformation of Emigration Laws 34. Reforming the Limitation Act 1908 35. Curbing Sexual Harassment at the Workplace 36. Law of Nazar‐ul‐Mazalim (Giving Special Powers to Existing Courts for Handling Tort Cases) 37. Reforming the NWFP Tenancy Act 1950 38. Reforming the Law and Procedure of Liquidation and Auctioning 39. Reforming the Code of Civil Procedure 1908 40. Measures to Check Incidents of Domestic Violence 41. Regulating Benami Transactions 42. Reforming the Code of Criminal Procedure 1898 43. Registration of Land Titles 44. Maintenance (Kifalat) of Young and Elderly Indigent Relatives 45. Amendment in Pure Food Ordinance 1960 46. Amendment in Bonded Labour System (Abolition) Act 1992 47. Amendment in the Electricity Act 1910 48. Amendment in W.P. WAPDA Act 1958 49. Amendment in Sales of Goods Act 1930 50. Amendment in Prevention of Cruelty to Animals Act 1890 51. Amendment in Easements Act 1882 52. Amendment in Shops and Establishment Ordinance 1965 53. Amendment in Land Revenue Act 1967 54. Amendment in Order 37 of Civil Procedure Code 1908 55. Amendment in Probation of Offenders Ordinance 1960 56. Amendment in Pakistan Bait‐ul‐Mal Act 1991 57. Amendment in the Cooperative Societies Act 1912 58. Amendment in the Society Registration Act 1860 59. Amendment in Islamabad Rent Restriction Ordinance 2001 60. Amendment in Juvenile Justice System Ordinance 2000 61. Examine the Original, Appellate, Review and Revisional Jurisdiction of Various Courts 62. Amendment in the Oaths Act 1873 63. Amendment in Loudspeakers and Sound Amplifiers Ordinance 1964 64. Amendment in Federal Employees Benevolent Fund and Groups Insurance Act 1969 65. Amendment in Wild Birds and Animals Protection Act 1912 110

66. Amendment in Dangerous Cargoes Act, 1953 67. Amendment in Conciliation Courts Ordinance 1961 68. Amendment in Female Infanticide Prevention Act 1870 69. Amendment in Promissory Notes Stamps Act 1899 70. Amendment in Workmen's Compensation Act 1923 71. Reform of the Frontier Crimes Regulation 1901 72. Rationalising the Punishment of Imprisonment Prescribed under Various Statutes 73. The Interest Act, 1839 74. The Public Accountants Default Act, 1850 75. The Judicial Officers Protection Act, 1850 76. The Caste Disabilities Removal Act, 1850 77. The Tolls Act, 1851 78. The Recusant Witnesses Act, 1853 79. The Mesne Profits and Improvements Act, 1855. 80. The Legal Representatives Suits Act, 1855 81. The Bills of Lading Act, 1856 82. The Hindu Widows Re‐Marriage Act, 1856 83. The Society Registration Act, 1860. 84. The Stage‐Carriages Act, 1861 85. The Excise (Spirits) Act, 1863 86. The Carriers Act, 1865 87. The Public Gambling Act, 1867 88. The Sarais Act, 1867 89. The Divorce Act, 1869 90. The Cattle‐Trespass Act, 1871 91. The Pensions Act, 1871 92. The Punjab Laws Act, 1872 93. The Government Savings Banks Act, 1873 94. The Married Women's Property Act, 1874 95. The Laws Local Extent Act, 1874 96. The Sind Revenue Jurisdiction Act, 1876 97. The Treasurer‐Trove Act, 1878 98. The Arms Act, 1878 99. The Ferries Act, 1878 100. The Elephants' Preservation Act, 1879 101. The Hackney‐Carriage Act, 1879 102. The Dekkhan Agriculturists' Relief Act, 1879 103. The Kazis Act, 1880 104. The Obstruction of Fairways Act, 1881 105. The Tramways Act, 1886 106. The Merchandise Marks Act, 1889 107. The Bankers' Books Evidence Act, 1891 108. The Marriages Validation Act, 1892 109. The Lansdowne Bridge Act, 1892 110. The Government Tenants (North‐West Frontier) Act, 1893 111

111. The Sind Encumbered Estates Act, 1896 112. The Fisheries Act, 1897 113. The Lepers Act,, 1898 114. The Post Office Act, 1898 115. The Stamps Act, 1899. 116. The Government Buildings Act, 1899 117. The Glanders and Farcy Act, 1899 118. The Church of Scotland Kirk Sessions Act,1899 119. The Tolls (Army and Air Force) Act, 1901 120. The Pakistan Coinage Act, 121. The Criminal Law Amendment Act, 1908 122. The Insolvency (Karachi Division) Act, 1909. 123. The Whipping Act, 1909 124. The Dourine Act, 1910 125. The Prevention of Seditious Meetings Act 1911 126. The Wild Birds and Animals Protection Act,1912 127. The Official Trustees Act, 1913 128. The Hindu Disposition of Property Act,1916 129. The Destruction of Records Act, 1917 130. The Cotton Cloth Act, 1918 131. The Local Authorities Pensions and Gratuities Act 1919 132. The Poisons Act, 1919 133. The Securities Act, 1920 134. The Charitable and Religious Trusts Act, 1920 135. The Maintenance Orders Enforcement Act, 1921 136. The Cotton Transport Act, 1923 137. The Mines Act, 1923 138. The Cantonments (House‐Accommodation) Act, 1923 139. The Cotton Cess Act, 1923 140. The Official Secrets Act, 1923 141. The Mussalman Wakaf Act, 1923 142. The Cotton Ginning and Pressing Factories Act, 1925 143. The Provident Funds Act, 1925 144. The Sikh Gurdwaras (Supplementary) Act, 1925 145. The Government Trading Taxation Act, 1926 146. The Legal Practitioners (Fees) Act, 1926 147. The Forest Act, 1927 148. The Lighthouse Act, 1927 149. The Lac Cess Act, 1930 150. The Hindu Gains of Learning Act, 1930 151. The Provisional Collection of Taxes Act, 1931 152. The Criminal Law Amendment Act, 1932 153. The Factories Act, 1934 154. The Petroleum Act, 1934 155. The Parsi Marriage and Divorce Act, 1936 156. The Arbitration (Protocol and Convention) Act, 1937 112

157. The Hindu Women's Rights to Property Act, 1937 158. The Arya Marriage Validation Act, 1937 159. The Rules and Regulations Continuance Act, 1937 160. The Federal Court Act, 1937 161. The Cutchi Memons Act, 1938 162. The Criminal Law Amendment Act, 1938 163. The Dissolution of Muslim Marriages Act, 1939 164. The Standards of Weight Act, 1939 165. The Registration of Foreigners Act, 1939 166. The Commercial Documents Evidence Act, 167. The Agricultural Produce Cess Act, 1940 168. The Mines Maternity Benefit Act, 1941 169. The Professions Tax Limitation Act, 1941 170. The War Injuries Ordinance, 1941 171. The Railways (Local Authorities, Taxation) Act, 1941 172. The Motor Vehicles (Drivers) Ordinance, 1942 173. The War Injuries (Compensation Insurance) Act, 1943 174. The Cotton Cloth and Yarn (Contracts) Ordinance, 1944. 175. The Coconut Committee Act, 1944 176. The Railway Stores (Unlawful Possession)Ordinance, 1944 177. The Public Debt Act, 1944 178. The Criminal Law Amendment Ordinance, 1944 179. The Post Office National Savings Certificates Ordinance, 1944 180. The Oil Seeds Committee Act, 1946 181. The Riot and Civil Commotion Risks Insurance Ordinance, 1947. 182. The Prevention of Corruption Act, 1947 183. The Foreign Exchange Regulation Act,1947 184. The Pakistan (Exchange of Prisoners) Ordinance, 1948 185. The Sind Textile Board Ordinance, 1949 186. The Imports and Exports (Control) Act, 1950 187. The Karachi Hotels and Lodging‐Houses (Control) Act, 1950 188. The Vagrancy (Karachi Division) Act, 1950 189. The Land Control (Karachi Division) Act, 1952 190. The House Building Finance Corporation Act, 1952 191. The Employment (Record of Services) Act, 1952 192. The Karachi Electricity Control Act, 1952 193. The Dangerous Cargoes Act, 1953 194. The Karachi Rent Restriction Act, 1953 195. The Karachi Essential Articles (Price Control and Anti Hoarding) Act, 1953 196. The Charitable Funds (Regulation of Collections) Act, 1953 197. The Pakistan Junior Cadet Corps Act, 1953 198. The Emergency Powers Ordinance, 1955 199. The Invalid Provincial Acts Confirmation Ordinance, 1955. 200. The Questioned Provincial Act, Confirmation Ordinance, 1955 201. The Pakistan Commission of Inquiry Act, 1956 202. The United Nations (Declaration of Death of Missing Persons) Act, 1956 113

203. The International Finance Corporation Act, 1956 204. The Drugs and Medicines (Indemnity) Act, 1957 205. The Cotton Act, 1957 206. The Pakistan Criminal Law Amendment Act,, 1958 207. The Public Order (Meetings) Ordinance, 1958 208. The Medical Qualifications (Information) Ordinance, 1960 209. The Coal Mines (Fixation of Rates of Wages) Ordinance, 1960 210. The Notaries Ordinance, 1961 211. The Pakistan College of Physicians and Surgeons Ordinance, 1962 212. The Employees Social Insurance Ordinance, 1962 213. The Indecent Advertisements Prohibition Act, 1963 214. The Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965 215. The Civil Services (Qualification for Appointment as High Court Judge) Act, 1965 216. The Ex‐Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 217. The Dormant Funds (Administration) Act, 1966 218. The Import of Goods (Price Equalization Surcharge) Act, 1967 219. The Pharmacy Act,1967 220. The Companies Profits (Workers Participation) Act, 1968 221. The Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969 222. The Federal Employees Benevolent Fund and Group Insurance Act, 1969 223. The War Risks Insurance Continuance Ordinance, 1969 224. The Bait‐ul‐Mal Act, 1991. 225. The Islamabad Rent Restriction Ordinance, 2001

114

17.8. Public Awareness Program

17.8.1. Recent Publications

1. Composition of District Government, Powers and Responsibilities 2. Transfer of Criminal Cases 3. District Government 4. Unlawful Confinement and Punishment Thereof. 5. Abetment and its Punishment 6. Unlawful Restraint and Punishment Thereof. 7. Public Prosecutor 8. Protection of Communal minorities 9. Powers of Justice of the peace in the light of judgment of the Lahore high court 10. Appearance of the Parties and consequences of non appearance 11. Federal mental health authority and its functions 12. Offences affecting the public and their punishments 13. Composition of Zila Council its Secretariat and Conduct of business. 14. Law against Land Mafia 15. Functions & Powers of Zila Council 16. Transparency under Local Govt. Ordinance 17. Public Participation in the meetings of Union, Tehsil & Zilla council 18. Improvements of land and procedure for production under Punjab tenancy act. 19. Appointment of Guardian for Mentally Disordered Persons. 20. ‐Punjab Consumer Protection Act 2005 21. How to get Information from Public Department 22. Illegal Dispossession Act. 2005 23. Procedure for Casting Of Votes 24. Enforcement of Section 144 25. Functions and Powers of Executive District officer 26. Legal Disability 27. Fundamental rights and their safe guards. 28. Sedition under Section 124‐A or Offences against society. 29. Suite by or against Government 30. Law of Etopple 31. Decree obtained by fraud or misrepresentation. 32. Worker's Children Education Ordinance, 1972 33. Transfer Of Criminal Cases 34. Functions and Administration of Evacuee Trust Property Board 35. Suits and Appeals concerning Evacuee Trust Property Board 36. The Rights of Consumers and protection thereof under the Punjab Customer Protection Act. 2005 37. Laws And Regulations Relating to Dangerous Buildings 38. The Responsibities of the Authority and the council for the protection of rights of consumers in Punjab 39. Tehsil Municipal Administration 40. Miscellaneous functions of Zilla Council 115

41. Unfair Labour Practices on the part of Workmen 42. Unfair Labour Practices on the part of Employers 43. Procedure for Recovery of rent 44. Prohibition of Music on the Temples of Muslims 45. Kinds of Murder and Punishments thereof 46. Surrender of Illicit Arms Act 1991 47. The Consumer Courts in Punjab & Procedure for lodging of Complaints 48. The Re‐dressal of Grievances of Consumer under the Consumer Law in Punjab and punishment for Violation Thereof. 49. Filing of Suits on Behalf of Pauperis 50. Functions and Powers of Tehsil Municipal Administration 51. Functions and Powers of Town Municipal Administration 52. Duties of Display Information Officer for Registration of Votes 53. Qatal and Punishment thereof under the Pakistan Penal Code 1860 54. Facilities under the Railways Act and Punishment for Violation thereof 55. Offences and their Punishment under the Mental health Ordinance 2002 56. Tehsil Nazim 57. Functions of Labour Courts and its Procedure Thereof 58. Miscellaneous Matters Related to Tehsil Nazims 59. Crimes Relating to Religion and Punishment Thereof. 60. Management and Maintenance of Government Properties 61. Role of Political Parties and Observers During Election Process 62. Sale of Obscene Literary Material & Its Punishment 63. Tehsil Council 64. Offences Against Islam and Punishment Thereof 65. Slaughter House 66. Prosecution Service in NWFP 67. Criminal Breach of Trust and its Punishment 68. Cases which are based on False Accusations and their Punishment 69. Town Council 70. Attempt to Commit Offences and Punishment Thereof 71. Appointment of Commission in Civil Cases 72. The Punjab Prohibition of Expressing Matters on Walls Act, 1995 73. The Explosive Substances Act 74. Union Administration 75. Miscellaneous information regarding Tehsil Council 76. Pakistan Bar Council 77. Punjab destitute and Neglected Children Act, 2004 78. Courts for the Protection of destitute and Poor Children's Rights 79. Reformatory School's Act 1897 80. Criminal Intimidation and its Punishment Under Pakistan Penal Code 81. Adjournments in civil suits 82. Offences & their punishments related to cheating 83. Punishment of rape and fornication 84. Prevention of Anti‐National activities Act 1974 85. Offence of Qazif and its Punishment 116

86. Offences Relating to Marriage and their Punishments 87. Offence of Rape Liable to Hadd 88. Transfusion of Safe Blood 89. Problems in Casting Vote and their Solutions 90. The Procedure of Complaints in the offence of Qazif 91. Shops and Establishment (security) System in Punjab 92. Lawyers Competency for different Courts 93. Terrorism and its Punishment in Anti‐Terrorism Act 94. Offences which are Committed by the Prisoners and Punishment thereof 95. The Prohibition of Ex‐Government Servants employment with foreign Government and Foreign Agency 96. Islamabad Capital Territory Private Education Institutions (Regulation and Promotion) Ordinance 2007 97. Musalihat Anjuman 98. Functions of Union Nazim 99. Special Rules regarding process issued for services or execution outside Pakistan and processes received from outside Pakistan for services or execution within Pakistan 100. Renunciation of citizenship 101. Dramatic Performance Act 1876 102. Punishment for destruction of will 103. Transplantation of human organs or tissues and Punishment on violence 104. The Punjab Prohibition of Private money Landing Act 105. The Prohibition of use Polythene Bags 106. Punjab Primary Education Ordinance 1994 107. Citizen Community Board 108. Malpractices in the Examination of Punjab Public Service Commission and Punishment 109. Violation of a Contact and its Punishment under the Section 491 of Pakistan Penal Code 110. Powers of President and Provincial Government to Pardon, Suspend and Commute the Sentence 111. Offence relating to Slavery & Forced Labour 112. The Children (Pledging of Labour) Act, 1933 113. Withdrawal of Suit of Abandonment or part of Claim 114. Law of Intellectual Property 115. Sale of Moveable Property Under Code of Civil Procedure, 1908 116. Suit for Breach of Contract of Sale of Goods 117. Formation of the Contract of Sale of Goods 118. Rights of Unpaid Seller Against the Goods 119. Vocational and Training Education Commission 120. Power & Functions of Commission established under the National Disaster Management Ordinance, 2006 121. Juvenile Justice Rules 122. Drinking And Its Sentence 117

123. License of Articles Containing Intoxicating Liquor for Bona Fide, Medical or Other Same Purposes 124. Removal, Suspension of Servants in Government or Corporation Service 125. Federally administered Tribal areas Compulsory Primary Education Law 126. Juvenile Justice System Law 127. Procedure for Free Legal Assistance 128. Abolition of Sardar System Act. 129. Islamabad Capital Territory, Shop, Business & Industrial establishment Security 130. Appointment of different personnel's to prevent violation of prohibition of smoking ordinance 131. Law Relating to Treatment and Rehabilitation of Addicts 132. Establishment of Pakistan Study Centers 133. Law Relating to the Diseases of Horses 134. Law Relating to Fair Marriage of Sikhs 135. Law relating to Vehicles of N.W.F.P province 136. Child Marriage Restraint Act 137. Obligations of hotel keepers & others to furnish Particulars 138. The Foreigners Act 139. Penalty on employing Lepers in Prohibited Trade 140. Offences and Their Punishment Under Police Order 2002 141. Counterfeiting Government Stamp & Its Punishment 142. Establishment of Finance Commissions, Functions, Duties & Powers 143. Responsibility of Police in relation to unclaimed property 144. Islamabad Prohibition of Division of Residential Plots Ordinance 145. Acting as agents of Moalims Prohibtion Ordinance 1980 146. Facts which need not be proved 147. Zilla Mohtasib, Jurisdiction, Functions & Powers 148. Unlawful compulsory labour and its punishment under the Pakistan Penal Code 149. Punishment for harboring of offender under the Pakistan Penal Code

17.8.2. Volume 1

1. Law of Marriage 2. Law of Divorce 3. Law of Dower 4. Law of Inheritance 5. Law of Gift 6. Law of Waqf 7. Law of Pre‐emption 8. Rent Laws 9. Importance of National Identity Card & Procedure for its Obtaining 10. Procedure for Registration of FIR. 11. Procedure for obtaining Succession Certificate 12. Procedure for Obtaining Letter of Administration 13. Procedure for Registration of Complaints in the Office of Ombudsman and Process thereof 118

14. Law and Procedure for the Maintenance of wife and Children 15. Law and Procedure Concerning Child Custody 16. Procedure for Registration of Motor Vehicles. 17. Procedure for Transfer of Immovable Property. 18. Rights/Safeguards Available to Child in Juvenile Justice System 19. Procedure for Redressal of Grievances of Public Servants Against Departmental Action. 20. Female Share in the Property of Deceased Person 21. Nikah Nama and Filling of its Columns 22. Fundamental Constitutional Rights and Their Enforcement by Courts 23. Procedure for Filing Civil Suits/Written Statements. 24. Jurisdiction of Supreme Court of Pakistan 25. Jurisdiction of Federal Shariat Court 26. Jurisdiction of High Court 27. Jurisdiction of Lower Courts

17.8.3. Volume 2

1. Procedure for obtaining Domicile Certificate 2. Laws Prohibiting Child Labour 3. Settling Claims and Disputes Through Arbitration 4. Procedure for issuing of summons and Process thereof 5. Rights and Liabilities of Attorney under the Power of Attorney Act. 1882 6. The Importance of investigation in Criminal Cases and Procedure Thereof 7. Procedure for Trial under the Family Courts Act 1964. 8. Law and Procedure Relating to Arrest, Detention and Bail of the Accused. 9. Penalties for Physical Violence Under PPC 1860 10. Compoundable Offences and Procedure Thereof 11. Regulating the Use of Loudspeaker under the Loud speaker and Sound Amplifier Ordinance 1964 12. Criminal liability for Production, Consumption, Possession and Trafficking in Narcotics and Intoxicants 13. Law Relating to Restriction of Dowry. 14. Child Marriage Restraint 1929 15. Registration of Marriage under the Muslim Family Laws Ordinance 1961 16. Law of Habeas Corpus. 17. Laws and Procedure Relating to Removal of Public Nuisance 18. Law and procedure for obtaining Temporary Injunction and Permanent Injection 19. Dissolution of Muslim Marriages Act 1939. 20. False Evidence and Effects thereof 21. Laws Relating to Compensation For the Injured Passengers in road accidents 22. Cost in Respect of Vexatious Claims Under CPC 1908 23. Conditions & Procedure to Contract Second Marriage 24. Pure Food Ordinance 1960 25. Requirement of Valid Contract under law of contract act 1872 119

26. Bouncing of Cheque and its punishment thereof. 27. Law and Procedure for Regulating Traffic 28. Procedure to Obtain Copies of judgment e.t.c. 29. Rights of Consumer under Consumer Protection Act 1995 30. Etiquette for medical professionals and Procedure for Legal Action on Account of Negligence of Medical Professionals 31. Prohibition of Smoking in Public Places 32. Federal Employees Benevolent Fund And Group Insurance Act 1969. 33. Ehtram‐e‐Ramazan Ordinance 1981. 34. Procedure for Registration of Complaints in the office of Tax Ombudsman and Process thereof. 35. Functions of NEPRA Under the Regulation of Generation Transmission and Distribution of Electric Power Act 1997 36. Functions of the Pakistan Telecommunication Authority (PTA) Under the Telecommunication Act 1996 37. Female Right of Inheritance in the light of Supreme Court Judgment 38. Functions of OGRA under the Oil and Gas Regulatory Authority 39. Zakat and Ushr under the Zakat and Ushr Ordinance 1980 40. Functions of PEMRA under the Pakistan Electronic Media Regulatory Authority Ordinance 2002 41. Stove Burn Victim in the Light of Lahore High Court Judgment (PLD‐9991 LHR) 42. Punjab Marriage Functions (Prohibition of Ostentatious Display and Wasteful Expenses) Act 2003. 43. Functions of the Securities and Exchange Commission of Pakistan 44. National Accountability Bureau Ordinance1999 45. Procedure for Evidence Under The Qanon‐e‐Shahadat Order 1984. 46. Killing in the name of Honor/Siyahkari in the Light Of Judgments of Superior Courts 47. The Publication of the Holy Quran (Elimination of Printing Errors) Act, 1973. 48. Procedure for Child Registration at Birth 49. Prohibition of Indecent Advertisement Act 1963 50. The Contempt of Court Ordinance 2003. 51. Law relating to Prohibition of Marriage of Government Servants with Foreign Nationals. 52. Claims Falling under the Specific Relief Act, 1877 53. Illegal Removal of the Custody of Minors from One Country to Another Country. 54. The responsibility of drivers and procedure for compensation for the injured passenger under Motor Vehicle Ordinance 1965. 55. Law for driving Motor Vehicle and Punishment for Violation thereof 56. Canons of Professional Conduct And Etiquette for Lawyers 57. Law and procedure of Disciplinary Proceedings Against Lawyers 58. Pakistan Names and Emblems (Prevention of Unauthorized Use) Act, 1957 59. Laws Relating to Defamation 60. Laws Relating to Qisas and Diyat 61. Prevention and Control of Human Trafficking 120

62. Law and Procedure For The Rehabilitation of Disable Persons 63. Freedom of Information Ordinance 2002 64. Legal Importance of Dying Declaration 65. The rights Peoples and Responsibilities of the Police under the Police Order 2002 66. Payment of Wages Act, 1936

17.8.4. Volume 3

1. Islamabad Capital Territory Compulsory Primary Education Ordinance, 2002 2. Establishment of Baitul Maal and Distribution of Charity Therefrom under the Pakistan Bait‐ul‐Maal Act 1991 3. Law of Bail 4. The Pakistan Environment Protection Act,1997 5. Prohibition of Cruelty to Animals Under the Animals Act 1890. 6. Protection of Breast feeding and child Nutrition Ordinance 2002 7. The Role and Importance of Musalhat Anjuman under the Local Government Ordinance, 2001 8. Islamabad Rent Restriction Ordinance 2001 9. Investigation against (Women accused) in Hudood Cases. 10. Offence Committed in the name or on the pretext of Honour. 11. Offences and Punishment on account of Negligence on Highways thereof Under the National Highways Safety Ordinance 2000. 12. Punishment for giving Females in Marriages or Otherwise in Badal‐e‐Sullah. 13. Investigation of Offence Under 295C P.P.C in Blasphmey cases. 14. Bounded Labour System (Abolition) Act, 1992. 15. Res Judicata. 16. Offences relating to Passport 1974. 17. The Probation of offenders Ordinance, 1960. 18. Drug Act 1974. 19. Kinds of Theft and Punishment there of. 20. Law of Prohibition of Wasteful expenses in marriage ceremonies 21. Law of Dissolution of Marriage and Khulla 22. Kinds of Kidnapping and Abduction and their Punishment Thereoff. 23. Law of Guardians and Wards. 24. Forgery and its Punishment Thereoff. 25. Offences related to weight and measure 26. Jurisdiction of Highcourt in case of violation of constitutional rights 27. offences against the state 28. Electronic Transaction Order 29. Law & Procedure of obtaining free education 30. Appointment of Justice of Peace and his Duties. 31. Preventive Action of the Police. 32. Law and Procedure for Summary Trials. 33. Punishment of Trespass 121

34. Law of Prosecution of Public Servant in the Light of Decisions of the Superior Courts. 35. Responsibilities of Advocate General of Pakistan 36. Responsibilities of Attorney General of Pakistan 37. Offences against the State / High Treason. 38. Laws relating to Documentary Evidence 39. Exemption of certain persons from Personal appearance in the civil courts. 40. Suits against minors/insane person 41. Oral Evidence and recording thereof

17.8.5. Volume 4

1. Procedure Of Registration of firm according to Partnership act 1932 2. injured Person Medical Act, 2004 3. Law Of Dangerous Kite Flying 4. Attachment Before Judgment 5. Crimes relating to theft of property 6. Criminal Conspiracy 7. Dissolution of firm 8. Appointment of Legal Adviser 9. Procedure for Registration of Documents 10. Will and procedure for registration thereof. 11. Attachment of Property in Execution proceedings 12. Offences Against Public Tranquility 13. Procedure for Recovery in Negotiable Instruments 14. Offences Related to Election 15. Marriage Functions (prohibition of ostentatious displays and waste full expenses) Ordinance, 2000 16. Precautionary Measures of Police 17. Private Complaint 18. Power of Court to Acquit the Accused at any Stage of Trial 19. Rights and liabilities of Seller and Buyer Under the Sale of Goods act 1930 20. District Nazim And His Powers (in Punjab) 21. Criminal Misappropriation of property 22. Extortion 23. Robbery 24. Supreme Court review powers on its judgments 25. Oath's Law and Procedure 26. Unani, Ayuervedic and Homeopathic practitioners rights 27. Damage and recovery through courts 28. Punishment of giving wrong information to public servant to threaten him 29. Paragraph 22, 23 and 24 Land Reforms Regulation in light of supreme court judgement 30. Supreme Court Judgement in 2‐A of the Service Tribunal Act 1973

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17.9 Officers & Staff of the Secretariat

S. No. Designation Name Office 1. Secretary Dr. Faqir Hussain 051‐9214109 9220483 Ext. 101 2. PS to Secretary Raja Khalid Mehmood 051‐ 9214109 9220483 Ext. 108 3. Joint Secretary – I Malik Muhammad Iqbal 051‐ 9217454 9220483 Ext. 103 4. Joint Secretary – II Shaikh Habib‐ur‐Rehman 051‐ 9214506 9220483 Ext. 102 5. Joint Secretary – III Mr. Humayun Ahmed 051‐ 9214793 9220483 Ext. 105 6. Deputy Secretary – I Mr. Mumtaz Ahmed 051‐ 9214797 9220483 Ext. 104 7. Deputy Secretary ‐ II Mr. Nasrullah Khan 051‐9208752 9220483 Ext. 110 8. Deputy Secretary – III Mr. Manzoor Shaikh 051‐9209412 9220483 Ext. 119 9. Deputy Secretary – IV Raja Faisal Iftikhar 051‐9209412 9220483 Ext. 106 10. MIS Manager Mr. Muhammad Tanveer 051‐9207183 9220483 Ext.118 11. Research Officer – I Dr. Muhammad Tahir 051‐9207255 9220483 Ex. 120 12. Research Officer – II Ms. Fowzia Jalal Shah 051‐9207265 9220483 Ex. 125 13. Research Officer – III Mr. Qasim Aslam Minhas 051‐ 9207244 9220483 Ex. 124 14. Research Officer – IV Mr. Abdul Nabi 051‐9201053 9220483 Ex. 122 15. Research Officer – Fund Mr. Waseem Javaid 051‐9207242 9220483 Ex. 126 16. Computer Programmer – I Mr. Muhammad Ali 051‐9220486 9220483 Ex. 117 17. Section Officer Mr. Muhammad Sajjad 051‐9220370 (Audit/Accounts) 9220483 Ex. 111 18. Section Officer (Law) Ms. Tanveer Badar 051‐9207246 9220483 Ex. 123 19. Assistant Accounts Officer Mr. Irfan‐ul‐Haq 051‐9220370 9220483 Ex. 113 20. Superintendent Admin Mr. Shahid Khalid 051‐9220376 9220483 Ex. 109 21. Superintendent (Research) Mr. Ihsanullah Khan 9220483 Ext. 121

22. Librarian Syed Nasir Ali Shah 9203584 123

9220483 Ext. 116 23. Computer Operator Malik Mansoor Riaz 9207183 Ext 129

Exchange: 051‐9220483, Fax: 9214416 Email: [email protected]

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17.10 Addresses of other Law Commissions:

AUSTRALIA GAMBIA KENYA Australian Law Reform The Law Reform Kenya Law Reform Commission Commission 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 Law Reform Commission Commission Commission of Lesotho Old High Court Building PO Box M. 63 PO Box 33 Dhaka 1000 Accra Maseru 100 BANGLADESH GHANA LESOTHO Ph: + 880 2 9559004 Ph: + 233 21 228898 Ph: + 266 313236 Fax: + 880 2 9560843 E‐mail: Fax: + 266 311092 E‐mail: [email protected] [email protected] CANADA HONG KONG MALAWI Law Commission of Law Reform Commission Malawi Law Commission Canada of Hong Kong Private Bag 373 473 Albert Street, 11th 20th Floor, Harcourt Lilongwe 3 Floor House MALAWI Ottawa Ontario KIA OH8 39 Gloucester Road Ph: + 265 782822 CANADA Wanchai Fax: + 265 782532 Ph:+1613 946 8980 HONG KONG E‐mail: Fax:+1613 946 8988 Ph: + 852 2528 0472 lawcommission@malawi. E‐mail: [email protected] Fax: + 852 2865 2902 net URL: www.lcc.gc.ca ENGLAND & WALES INDIA MALAYSIA Law Commission Law Commission of India Commissioner of Law Conquest House 7th Floor, A Wing Revision 37‐38 John St Shastri Bhawan Attorney‐General’s Theobalds Road New Delhi 110001 Chambers London WC1N 2BQ INDIA 17th Floor, Bank Rakyat UNITED KINGDOM Ph: + 91 11 338 3382 Building,Jalan Tangsi Ph:+ 44 171 453 1220 Fax: + 91 11 338 8870 50512 Kuala Lumpur Fax:+ 44 171 453 1297 E‐mail: law MALAYSIA E‐mail: [email protected] Ph: + 60 3 292 3077 secretary.lawcomm@gt URL: www.nic.in/lawcom Fax: + 60 3 293 2021 net.gov.uk E‐mail: URL:www.gtnet.gov.uk/ [email protected] 125

FIJI IRELAND NAMIBIA Fiji Law Reform The Law Reform Law Reform and Commission Commission Development Box 2194, Government IPC House, 1st Floor Commission Buildings 35‐39 Shelbourne Road Ministry of Justice Suva Ballsbridge Private Bag 13302 FIJI Dublin 4 Windhoek Ph: + 679 303 900 IRELAND NAMIBIA Fax: + 679 303 646 Ph: + 353 1 637 7600 Ph: + 264 61 239 280 E‐mail: Fax: + 353 1 637 7601 Fax: + 264 61 240 064 [email protected] E‐mail: [email protected] NEW ZEALAND SOUTH AFRICA California Law Revision Law Commission PO Box South African Law Commission 2590 Commission 4000 Middlefield Wellington Private Bag X668 Road,Room D‐I NEW ZEALAND Pretoria 0001 Palo Alto, CA 9403‐4739 Ph: + 64 4 473 3453 REPUBLIC OF SOUTH UNITED STATES OF Fax: + 64 4 471 0959 AFRICA AMERICA E‐mail: Ph: + 27 12 322 6440 Ph: +1650 494 1335 [email protected] Fax: + 27 12 320 0936 Fax: + 1650 494 1827 URL: E‐mail: E‐mail: www.lawcom.govt.nz/ [email protected] [email protected] a URL: www.clrc.ca.gov/ URL: www.law.wits.ac.za/salc/ salc.html NIGERIA SRI LANKA Connecticut Law Nigeria Law Reform Law Commission Revision Commission Commission C/56 Keppetipola Room 509A, State Federal Secretariat Mawatha Capitol Complex 1 Colombo 5 Hartford, CT 06106 Po Box 60008 Ikoyi SRI LANKA UNITED STATES OF Lagos AMERICA Ph: +1 860 240 0220 Fax: +1 860 240 0322 E‐Mail: [email protected] URL:www.cga.state.ct.us /lrc/