2012-14 ANNUAL REPORT Law and Justice Commission of Pakistan, Supreme Court Building, Constitution Avenue, Islamabad THE ANNUAL REPORTS ARE ALSO AVAILABLE ON THE COMMISSION’S WEBSITE. FOR FURTHER INFORMATION, PLEASE CONTACT THE COMMISSION’S SECRETARIAT AT THE FOLLOWING ADDRESS: LAW AND JUSTICE COMMISSION OF PAKISTAN SUPREME COURT BUILDING CONSTITUTION AVENUE ISLAMABAD, PAKISTAN TEL: 092-51-9208752 FAX: 092-51-9214797 092-51-9214416 EMAIL: [email protected] WEBSITE: www.ljcp.gov.pk TABLE OF CONTENTS S. # CONTENTS PAGE NUMBER Foreword Introduction 1. Profiles of Chairmen and Members of Law and Justice Commission 6 of Pakistan 1.1 Mr. Justice Iftikhar Muhammad Chaudhry, 6 Chief Justice of Pakistan 1.2 Mr. Justice Tassaduq Hussain Jillani, 9 Chief Justice of Pakistan 1.3 Mr. Justice Nasir-ul-Mulk 17 Chief Justice of Pakistan 1.4 Mr. Justice Agha Rafiq Ahmed Khan 18 Chief Justice, Federal Shariat Court 1.5 Mr. Justice Sardar Muhammad Raza 20 Chief Justice, Federal Shariat Court 1.6 Mr. Justice Sh. Azmat Saeed 21 Chief Justice, Lahore High Court 1.7 Mr. Justice Mushir Alam 22 Chief Justice, High Court of Sindh 1.8 Mr. Justice Dost Muhammad Khan 23 Chief Justice, Peshawar High Court 1.9 Mr. Justice Umar Ata Bandial 24 Chief Justice, Lahore High Court 1.10 Mr. Justice Qazi Faez Isa 25 Chief Justice, High Court of Balochistan 1.11 Mr. Justice Maqbool Baqar, 26 Chief Justice, High Court of Sindh 1.12 Mr. Justice Mian Fasih-ul-Mulk 27 Chief Justice, Peshawar High Court 1.13 Mr. Justice Muhammad Anwar Khan Kasi 28 Chief Justice, Islamabad High Court 1.14 Mr. Justice Ghulam Mustafa Mengal 30 Chief Justice, High Court of Balochistan 1.15 Mr. Irfan Qadir, 31 Attorney General for Pakistan 1.16 Mr. Munir A. Malik, 32 Attorney General for Pakistan 1.17 Mr. Salman Aslam Butt 33 Attorney General for Pakistan 1.18 Ms. Yasmin Abbasey 34 Secretary, Law, Justice and Human Rights 1.19 Barrister Zafarullah Khan 35 Secretary, Law, Justice and Human Rights 1.20 Mr. Justice (R) Muhammad Raza khan 37 Secretary, Law, Justice and Human Rights 1.21 Ms. Anis Haroon 38 Chairperson, National Commission on the Status of Women 1.22 Ms. Khawar Mumtaz, 39 Chairperson, National Commission on the Status of Women 1.23 Mr. Justice (R) Ghulam Rabbani 40 Former Judge, Supreme Court of Pakistan 1.24 Mr. Justice (R) Abdul Karim Khan Kundi, 41 Senior Advocate, Supreme Court of Pakistan 1.25 Mr. Abid Hassan Minto 42 Senior Advocate, Supreme Court of Pakistan 1.26 Syed Iqbal Haider 43 Senior Advocate, Supreme Court of Pakistan 1.27 Mr. Habib-ur-Rehman Sheikh 44 Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee 1.28 Raja Akhlaq Hussain 45 Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee 1.29 Mr. Tahir Shahbaz 47 Registrar, Supreme Court of Pakistan/Acting Secretary, Law and Justice Commission of Pakistan 2. Functions of the Law and Justice Commission of Pakistan (LJCP) 48 2.1 Working of the Commission and its Secretariat 49 2.2 Reference to the Commission 50 2.3 Report and Recommendations 50 2.4 Secretariat of Law and Justice Commission of Pakistan 51 2.5 Research Methodology 51 2.6 Public Awareness 52 2.7 Budget of the Law and Justice Commission of Pakistan 52 2.8 Activities of the Law and Justice Commission of Pakistan 52 2.8.1 Meeting of the Commission, dated 19th May, 2012 52 2.8.2 Sub-committee of the Law and Justice Commission of 55 Pakistan. 2.8.3 Meeting of the Commission, dated 8th September, 2013. 55 2.8.4 Meeting of the Commission, dated 14th June, 2014. 58 3. National Judicial Policy Making Committee (NJPMC) 61 3.1 Secretariat and Finances 61 3.2 National Judicial Policy 2009 62 3.3 Salient Features of the Policy 63 4. Activities of the National Judicial (Policy Making) Committee: 66 4.1 Meetings of National Judicial (Policy Making) Committee 66 4.2 Construction of Model Jail for Islamabad. 71 4.3 Monthly inspection report of Jails. 72 4.4 Establishment of Green Benches in the Superior Courts 72 4.5 Designing Courses for Judicial Academies on Intellectual 73 Property Laws 4.6 Issue of Suckling Babies Residing in Jail 74 5. M.I.S Wing of the Law and Justice Commission of Pakistan 75 6. Access to Justice Development Fund (AJDF) 76 6.1 Overview 76 6.2 Access to Justice Development Fund Governance Structure 76 6.3 Access to Justice Development Fund Management 77 6.4 Access to Justice Development Fund Operational Framework 77 6.5 The AJDF Annual Report for the Financial Year 2012 79 6.6 Meeting of the Governing Body, AJDF 79 6.7 Meeting of the Technical Evaluation Committee (TEC) 80 6.8 The AJDF Annual Report for the Year 2013 80 6.9 Meeting of the Governing Body, AJDF 80 6.10 Meetings of Technical Evaluation Committee 81 6.11 Meeting of the Governing Body, AJDF 81 6.12 Disbursements made during the Year 82 6.13 The AJDF Annual Report for the Year 2014 83 6.14 Training of Judges and Lawyers at Provincial Judicial 83 Academies 6.15 Disbursements made during the period 84 7. International Judicial Conferences & Workshops 86 7.1 International Judicial Conference, 2012 86 7.2 Islamabad Declaration (2012) 88 7.3 International Judicial Conference, 2013 93 7.4 Islamabad Declaration (2013) 94 7.5 One Day Workshop on “Prisoners Vulnerability– Lacking 99 Awareness” 7.6 Recommendations of the Workshop as contained in the 101 Declaration for Prisoners Rights 8. Reports published by the Commission during the period. 109 9. List of Approved Reports 110 10. Public Awareness Schemes 115 11. List of Hon’ble Chairmen of the Law and Justice Commission of 135 Pakistan 12. List of Secretaries of Law and Justice Commission of Pakistan 136 13. List of Officers of the Law and Justice Commission of Pakistan 137 14. Law Reform Commissions of other Countries 139 Law and Justice Commission of Pakistan Annual Report 2012-14 Foreword I am pleased to present Annual Report of the Law and Justice Commission of Pakistan for the years 2012, 2013 and 2014. Our judicial system is struggling to provide easy and expeditious access to justice to every citizen. The Constitution of Islamic Republic of Pakistan ensures quick and inexpensive justice to all segments of the society without any discrimination and no one can deny the fact that this constitutional commitment cannot be fulfilled unless fair and speedy justice is provided. The Law and Justice Commission of Pakistan is mandated to suggest law reforms to make our legal system more responsive to such concerns and formulate efficient and workable policies for strengthening the system of administration of justice. Suggesting reforms in laws to foster innovations for the benefit of litigants is a critical task and I feel pride that the Commission is performing this captivating and challenging job. Furthermore, the Secretariat is also providing secretarial assistance to the National Judicial (Policy Making) Committee to provide a path for reforming the administration of justice in the country in order to realize the goal of ensuring expeditious and inexpensive justice for all by mobilizing the available resources. For this purpose a software has also been developed to monitor the progress of all criminal and civil cases to evaluate the performance of different key players of the justice sector i.e. Courts, Police, Prosecution and Jail authorities. 1 Law and Justice Commission of Pakistan Annual Report 2012-14 I commend the efforts of the Secretariat of the Commission as it performed multidimensional activities during the year under reference suggesting law reforms, effective implementation of National Judicial Policy, management of Access to Justice Development Fund and by raising awareness about existing laws through public awareness schemes. I hope that they will continue to do more with the same zeal and enthusiasm. (Justice Nasir-ul-Mulk) Chairman Islamabad, The 1st April, 2015 2 Law and Justice Commission of Pakistan Annual Report 2012-14 Introduction The Law and Justice Commission of Pakistan (LJCP) is a statutory institution established to keep under review on systematic basis, the statutes and other laws of the country, with a view to make recommendations to the Federal and Provincial Governments for improvement, modernization and reform thereof. The Commission further makes recommendations to Government for inexpensive and expeditious dispensation of justice. The LJCP has so far approved 131 reports on law reforms and submitted the same to the Government for implementation. The Commission’s Secretariat also operates a legal awareness scheme, where under Urdu write-ups on legal issues of public interest are published for public awareness. The write-ups prepared so far have been compiled and published in seven volumes under the title “Qanoon Fahmi”. The Government of Pakistan has established a statutory endowment “Access to Justice Development Fund” with a view to address the issue of chronic budgetary constraints faced by the judicial and legal sectors in Pakistan. The Access to Justice Development Fund (AJDF) is a demand‐driven fund characterized by a unique funding mechanism to sustain and deepen the reforms in the justice sector and strengthen the professional functionality of courts and its service delivery component and legal empowerment. The AJDF is located in the Law and Justice Commission of Pakistan, which provides secretarial support to the AJDF. 3 Law and Justice Commission of Pakistan Annual Report 2012-14 The LJCP has constituted a Governing Body with a mandate to manage and administer the Fund, which is headed by the Chief Justice of Pakistan.