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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 of Pakistan

6

1.1 Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan

6

1.2 Mr. Justice Tassaduq Hussain Jillani, Chief Justice of Pakistan

9

1.3 Mr. Justice Nasir-ul-Mulk Chief Justice of Pakistan

17

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

18

1.5 Mr. Justice Sardar Muhammad Raza Chief Justice, Federal Shariat Court

20

1.6 Mr. Justice Sh. Azmat Saeed Chief Justice, Lahore High Court

21

1.7 Mr. Justice Mushir Alam Chief Justice, High Court of Sindh

22

1.8 Mr. Justice Dost Muhammad Khan Chief Justice, Peshawar High Court

23

1.9 Mr. Justice Umar Ata Bandial Chief Justice, Lahore High Court

24

1.10 Mr. Justice Qazi Faez Isa Chief Justice, High Court of Balochistan

25

1.11 Mr. Justice Maqbool Baqar, Chief Justice, High Court of Sindh

26

1.12 Mr. Justice Mian Fasih-ul-Mulk Chief Justice, Peshawar High Court

27

1.13 Mr. Justice Muhammad Anwar Khan Kasi Chief Justice, Islamabad High Court

28

1.14 Mr. Justice Ghulam Mustafa Mengal Chief Justice, High Court of Balochistan

30

1.15 Mr. Irfan Qadir, Attorney General for Pakistan

31

1.16 Mr. Munir A. Malik, Attorney General for Pakistan

32

1.17 Mr. Salman Aslam Butt Attorney General for Pakistan

33

1.18 Ms. Yasmin Abbasey Secretary, Law, Justice and Human Rights

34

1.19 Barrister Zafarullah Khan Secretary, Law, Justice and Human Rights

35

1.20 Mr. Justice (R) Muhammad Raza khan Secretary, Law, Justice and Human Rights

37

1.21 Ms. Anis Haroon Chairperson, National Commission on the Status of Women

38

1.22 Ms. Khawar Mumtaz, Chairperson, National Commission on the Status of Women

39

1.23 Mr. Justice (R) Ghulam Rabbani Former Judge, Supreme Court of Pakistan

40

1.24 Mr. Justice (R) Abdul Karim Khan Kundi, Senior Advocate, Supreme Court of Pakistan

41

1.25 Mr. Abid Hassan Minto Senior Advocate, Supreme Court of Pakistan

42

1.26 Syed Iqbal Haider Senior Advocate, Supreme Court of Pakistan

43

1.27 Mr. Habib-ur-Rehman Sheikh Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee

44

1.28 Raja Akhlaq Hussain Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee

45

1.29 Mr. Tahir Shahbaz Registrar, Supreme Court of Pakistan/Acting Secretary, Law and Justice Commission of Pakistan

47

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 Pakistan.

55

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 Property Laws

73

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


6.10 Meetings of Technical Evaluation Committee 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 Academies

83

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 Awareness”

99

7.6 Recommendations of the Workshop as contained in the Declaration for Prisoners Rights

101

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 Pakistan

135

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

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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.


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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


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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.


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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.

The Secretariat of LJCP also provides secretarial assistance to the National

Judicial (Making) Committee (NJPMC) to cope with its mandate set forth

in its Ordinance. The NJPMC held number of meetings in the year 2012,

2013 and 2014 to discuss various issues related to administration of

justice and issued necessary directions to ensure inexpensive and

expeditious justice. In these meetings the NJPMC also monitored the

performance of Courts with regard to the disposal of cases in the

backdrop of National Judicial Policy. Issues like performance of special

courts and administrative tribunals, establishment of Green Benches in

the Superior Courts, pendency of Tax cases worth billions of rupees,

review of status of cases registered under section 489-F PPC,

establishment of consumer courts in the provinces, allocation of funds for

strengthening the judiciary, non-production of under trial prisoners

before the courts for trial/remand, pathetic living conditions in prisons,

welfare of children confined in jails with their mothers, non-completion of

investigations and non submission of challans within the stipulated

period etc were also on the Agenda of the NJPMC.

During the period under reference, the Secretariat organized two

International Judicial Conferences to provide a forum to law officers,

researchers and legal academia of the country and international

luminaries to interact, share experiences and evolve policies and

strategies to address the problems faced by justice system. The


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Secretariat also organized a One-day workshop on “Prisoners

Vulnerability – Lacking Awareness” to provide opportunity to the

concerned stakeholders to share their views and experiences for

suggesting reforms for the improvement of dilapidated conditions of jails,

creating awareness about the rights and privileges of prisoners

permissible under the laws and rules and evolving strategy for their

rehabilitation.

The Commission welcomes comments, views and suggestions from

research institutions, professional bodies, jurists, scholars, researchers

and general public for law reforms, improvement in administration of

justice, standard of legal education and protection of human rights.

(Mr. Jawad Khan)

Joint Secretary

Islamabad,

The 5th June, 2015


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1. Profiles of the Chairmen and Members of Law and Justice Commission of Pakistan

A brief introduction of the Chairmen and members of the Law and

Justice Commission of Pakistan and National Judicial (

Making) Committee, during the period, is as following:

The Chairman

1.1 Mr. Justice Iftikhar Muhammad Chaudhry Chief Justice of Pakistan

(For the period 30.06.2005 to 11.12.2013) Educational Qualification:

B.A. LL.B

Professional Experience:

Joined the legal profession as an Advocate in the year 1974; enrolled as Advocate High Court in the year 1976 and as Advocate Supreme Court in the year 1985 and practiced law in all fields/subjects i.e. Constitutional, Criminal, Civil, Tax, Revenue, etc.

Appointed Advocate General Balochistan in the year 1989;

Appointed Additional Judge of the High Court of Balochistan in the year 1990, as Judge in the year 1993 and as Chief Justice of that Court on 22nd April 1999;

Appointed as Judge of the Supreme Court of Pakistan on 4th February 2000 and as Chief Justice of Pakistan on 30th June 2005;


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Additional Experience/Activities:

Elected as President, High Court Bar Association, Quetta;

Was elected twice as Member, Bar Council;

Besides functioning as Judge High Court of Balochistan, Quetta discharged duties as Banking Judge Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge.

Appointed as Chairman Balochistan Local Council Election Authority in the year 1992 and thereafter for second term in the year 1998;

Appointed as Chairman Provincial Review Board for the Province of Balochistan on the recommendations of Hon’ble Chief Justice of Pakistan;

Appointed twice as Chairman of Pakistan Red Crescent Society Balochistan by Government of Balochistan;

Nominated by Hon’ble Chief Justice of Pakistan as Chairman, Enrolment Committee of Pakistan Bar Council;

Appointed as Judge In-charge Supreme Court Staff Welfare Committee by the Hon’ble Chief Justice:

International visits as Chief Justice of Pakistan:

Attended 22nd Biennial Congress on the Law of the World held in Beijing & Shanghai, China in September, 2005;

Participated in International Conference and Showcase on Judicial Reforms held in the Philippines in November, 2005;

Visited United Kingdom in February, 2006 in connection with The UK-Pakistan Judicial Protocol on Child and Family Laws;

Visited Malaysia in August, 2006 to deliver a Public Lecture on the topic, “The Relationship between Law and morality in Islamic Common Law System”;

Attended XVII World Congress of the “International Association of Youth and Family Judges and Magistrates” at Belfast, Northern Ireland in August, 2006;


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Visited India on Golden Jubilee Celebration of Indian Law Institute in November, 2006;

Attended the Symposium on 47th Anniversary of the Constitutional Court of Turkey in April, 2009:

Attended 17th Commonwealth Law Conference held on 5-9 February, 2011 at Hyderabad, India.

Awards and Honors:

Harvard Law School Medal of Freedom (November 19, 2008)

Received Medal of Freedom from the Harvard Law School (HLS) with

the recitation “distinguished lawyer and judge, through your courage,

conviction, and steadfast commitment to the independence of the

judiciary, you stand as a model to those working to maintain the rule of

law in Pakistan and around the world.”

He is the first Pakistani to be presented with HLS Medal of Freedom,

which is only given to selected personalities for their contributions to

freedom, justice, and equality. Earlier, only two other persons were

awarded this honor. The first was Charles Hamilton Houston, an African

American lawyer and NAACP Litigation Director who helped play a role

in dismantling the Jim Crow laws and helped train future Supreme

Court Justice Thurgood Marshall. Former South African President,

Nelson Mandela was the second recipient of this award.

Lawyer of the Year Award:

The National Law Journal, published in the United States, honoured him as the Lawyer of the Year for 2007. New York City Bar Honorary Membership:

The Association of the Bar of the City of New York granted Mr. Justice Iftikhar Muhammad Chaudhry an honorary membership in the association on November 17, 2008, recognizing him as a "symbol of the movement for judicial and lawyer independence in Pakistan."


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Doctor of Laws, Honoris Causa

The Nova Southeastern University conferred upon him the degree of Doctor of Laws, honoris causa. The Honorary Degree Citation of May 10, 2008 recited, inter alia, as under:

“The rule of law, the foundation of democracy, survives only when a nation’s citizens recognize its importance and, when necessary, defend

it. You and your Pakistani bench and bar colleagues bravely and tenaciously proclaimed the importance of the rule of law and

vigorously defended it. “Iftikhar Muhammad Chaudhry, you have inspired lawyers and lay

people throughout the world. In recognition of your remarkable efforts, the trustees of Nova Southeastern University are proud to

award you the Honorary Degree of Doctor of Laws with all of its rights and privileges.”

Hero to Animals Award:

PETA India commends Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan for saving countless people and birds from injuries and death by banning cruel manja in the Punjab province of Pakistan. We applaud his compassionate decision.

1.2 Mr. Justice Tassaduq Hussain jillani, Chief Justice of Pakistan

(For the period12.12.2013 to 05.07.2014)

Educational Qualification:

(i) A course in Constitutional Law from the University of London in the Institute of Advance Legal Studies;

(ii) LL.B from the University of Punjab, Lahore.

(iii) Masters in Political Science from Forman Christians College, Lahore.


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Experience/Working Profile:

1974---Started practice at District Courts, Multan; 1976---Enrolled as an Advocate of High Court. 1976---Elected General Secretary, District Bar Association,

Multan; 1978---Elected Member Punjab Bar Council; 1979---Appointed as Assistant Advocate General Punjab; 1983---Enrolled as an Advocate of Supreme Court of Pakistan; 1988---Promoted as Additional Advocate General Punjab; 1993---Appointed as Advocate General Punjab; 1994---Took oath as a Judge of Lahore High Court on August 7,

1994; remained Judge of the said Court for ten years. 2004---Elevated to the Supreme Court of Pakistan where he

served till the imposition of the State of Emergency on the 3rd of November, 2007. As he refused to take fresh oath, he was made dysfunctional as a Judge of the Supreme Court. After the restoration of democracy and elected government in Pakistan, rejoined as Judge of the Supreme Court in September, 2009. During the visit abroad of Hon’ble Chief Justice of Pakistan, Justice Jillani remained Acting Chief Justice of Pakistan (December 2012). Justice Jillani took oath as Acting Chief Election Commissioner of Pakistan on 17.8.2013.

Took oath of the office of Chief Justice of Pakistan on 12.12.2013

Mr. Jillani participated in several International Conferences and

colloquiums where he spoke on issues which included “Domestic

Application of International Human Rights”, “Gender Justice”,

“Alternative Dispute Resolution”, “Forced Marriages”, “Transnational

Child Abduction” and “Religious Tolerance”. Some of the honors and

awards received are as under:-

Was awarded “Key of the City of Detroit (Michigan)” by the Mayor at a function;


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On 12th of October, 2007, conferred “Honorary Doctorate in Humane Letters” at a special Convocation held in Southern Virginia University, Washington;

Was conferred the Honorary Chair by the American Bar on “The World Justice Project”---an Initiative to promote the rule of law the world over. Some of the other co-chairs were Hon’ble Justice Sandra Day O-Conor, Hon’ble Justice Anthony M. Kennedy, Hon’ble Justice Ruth Bader Ginsburg, Hon’ble Justice Stephen G. Breyer, President Jimmy Carter, Hon’ble Madeleine Albright, Hon’ble James A Baker III and William H. Gates, Senior.

In July 2008, was invited by the American Bar Association to receive the ‘2008 Rule of Law Award’ on behalf of those Judges of Pakistan who demonstrated courage in upholding the ‘Rule of Law’ in the country.

The Hague Conference appointed him as the Co-Chair of the Working Party on Mediation in Family International Law. The Working Party comprises of Judges of the Superior Courts and Academics from Europe, United States, Latin America, India and Asia.

‘Justice for All’ (the theme song sung at the 50th Anniversary of the Supreme Court of Pakistan) penned down by Mr. Jillani has been declared as the Judicial Anthem of Pakistan by the Full Court presided over by the Hon’ble Chief Justice of Pakistan.

He was appointed as member of the Hague International Judicial Network.

.

Mr. Justice Tassaduq Hussain Jillani is known as a liberal, independent and balanced Judge. As a Judge of the High Court and as Judge of the Supreme Court, he has delivered opinions and authored judgments on various issues of domestic and international concern such as enforcement of fundamental rights (Ahmad Abdullah v. Govt. of the Punjab, PLD 2003 Lahore 752), gender equality, the right of an adult woman to marry a person of her choice in Islam (Humaira Mehmood v. The State PLD 1999 Lahore 494), declaring the right to education a fundamental right (Ahmed Abdullah’s case ibid) and holding that in an


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age of globalized inter-dependence, dual nationality should be permitted (Umar Ahmad Ghumman v. Govt. of Pakistan PLD 2002 Lahore 521), laying down guidelines for qualitative improvement in legal (Pakistan Bar Council v. Federal Government PLD 2007 SC 394) and medical education (Pakistan Medical & Dental Council v. Ziauddin Medical University PLD 2007 SC 323).

Presentations and Publication:

In December, 1991 was awarded Key of the City of Detroit (Michigan) by the Mayor at a function where he made a presentation on “The Imperatives of Peace in the New World Order”;

Author of Booklet/Articles: (a) Towards a Dynamic Constitutional Order”; (b) “An Essay in Competitive Co-existence”; (c) “The rule of Law in Islam”.

Attended “Judicial Colloquium on the application of International Human Rights Law at the Domestic Level” held at Vienna (Austria) from 27th to 29th October, 1999 to commemorate 20th Anniversary of the Adoption of the CEDAW (Convention on the Elimination of all forms of Discrimination against Women) and presented a paper on “The Right to Marry” in the said Colloquium;

Presented a paper on “Implementing the Right to Marry: a view from the Pakistan Courts” in a Seminar Organized by INTERIGHTS (the International Centre for the Legal Protection of Human Rights) & CIMEL (the Centre for Islamic and Middle Eastern Law) on “Forced Marriage as an Abuse of Human Rights: Legal and Social Issues” held on 16th July 2000 at SOAS, University of London;

Co-author of Chapter on Pakistan in “Encyclopedia of Legal Systems of the World” by Herbet M. Kritzer (www.abc-CLIO.com);

In October 2005, he attended an International Conference in Utah, USA organized by the “International Academy of Religious Tolerance and Belief” and made a presentation on “Democracy & Islam----An Odyssey in Braving the 21st Century”; this has been published in BYU Law Journal 2006.

http://www.abc-clio.com/

http://www.abc-clio.com/


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Made a presentation on “Creating a World Without Walls” at a special Convocation held in the Southern Virginia University, Washington;

As a keynote speaker made a presentation on “Justice Saveth and Defendeth a Nation” in the International Conference on the Rule of Law (July 2-5, 2008) at Vienna, Austria organized by the American Bar Association;

His presentation at the ABA Annual Luncheon in 2008 on “Defending the Constitution under the Rule of Law” was published in the International Lawyer: A quarterly Publication of the ABA/Section of International Law, Spring 2009, Volume 43 Number 1.

Made presentation on “the Art of Judgment Writing” in the meeting of the “Commonwealth Judicial Education Institute” in 2008 at Arusha, Tanzania;

Gave an overview of the judgments from Pakistan jurisdiction on issues of Transnational Child Abduction and related Family Issues at the 3rd Malta Judicial Conference on Cross-Frontier Family Law Issue in St. Julian’s Malta in March, 2009;

Made a presentation on “The Maladies of International Child Abduction & the U.K.-Pakistan Protocol” at the International Family Justice Judicial Conference for Common Law and Commonwealth Jurisdictions at Cumberland Lodge Windsor, England (4th to 7th August, 2009);

Made a presentation on “Cultural and Religious Freedom, Bill of Rights and the Role of Judiciary” in the ‘Conference on Religions and Cultural Freedom under a Bill of Rights’ organized by the University of Adelaide, Canberra, Australia (13-15 August, 2009);

Addressed the faculty of Law Students in Adelaide University, Australia and presented “Keeper of Conscience---the Role of Supreme Court in Pakistan” (August 17, 2009).

Presented Article on ‘Judicial Approach to Child Relocation’ in the International Judicial Conference on Cross-Border Family Relocation held in Washington, D.C. from March 23-25, 2010.


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Presented Article on “Judicial Response to Forced Marriages and Gender based Violence ---Mediating Tradition through Law” in the International Bar Association’s Annual Conference at Vancouver Canada in October 2010.

Presented Article on ‘Women in Law’ at the International Bar Association Annual Conference held on 30 Oct-4 Nov, 2011 at Dubai.

Presented Article on “Electoral Violence” during the Inaugural Assembly of Association of World Election Bodies (A-WEB) and 6th Geo Conference of Election Management Bodies (EMBS) from 11 to 20 October, 2013 at Seol, Republic of Korea.

Conferences Attended:

Led Pakistan Delegation in a meeting of SAARC Countries Legal Experts on ‘Harmonization of Drug Laws in the Region’ held in New Delhi;

1990---Participated in a Seminar jointly organized by Ministry of Interior and U.S. Justice Department on ‘Enforcement of Drug Laws’ in Islamabad;

1990---Attended a meeting of SAARC Technical Committee on the Prevention of Drug Trafficking as Member of the Pakistan Delegation held at Karachi;

Served as Member of the Syndicate, Bahauddin Zakariya University, Multan;

1991---Went to U.S.A. on the invitation from U.S. Department of Justice for a study of the American Judicial System;

Served as Part-time Lecturer in Jurisprudence in the University Law College at Multan;

1998---Visited United States of America on the invitation from “The Institute for the Study and Development of Legal Systems San Francisco, California” in connection with a workshop on “Alternative Dispute Resolution Mechanisms” held from 1st to 10th June, 1998;


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1998---Attended “Judicial Colloquium on the Domestic Application of International Human Rights Norms” held in Bangalore, India from 28th to 30th December, 1998;

1999---Attended “Judicial Colloquium on the application of International Human Rights Law at the Domestic Level” held at Vienna (Austria) from 27th to 29th October to commemorate 20th Anniversary of the Adoption of the CEDAW (Convention on the Elimination of all forms of Discrimination against Women);

2000---Visited Dhaka, Bangladesh and attended a Seminar on Alternative Dispute Resolution arranged by the Superior Judiciary of Bangladesh in collaboration with the Institute for the Study and Development of Legal Systems USA;

2000---Visited Bangladesh with effect from 11th to 15th May for participation in a preliminary Judicial Colloquium being organized jointly by INTERIGHTS, the Commonwealth Human Rights Initiative and Bangladesh Legal Aid Services Trust;

2000---Visited San Diego, Los Angeles and San Francisco California from 16th to 28th May to participate in a work-travel programme in connection with ADR (Alternative Dispute Resolution) arranged by the Institute for Study of Development for Legal Systems (ISDLS) San Francisco California USA;

2000---Attended a Seminar organized by INTERIGHTS (the International Centre for the Legal Protection of Human Rights) & CIMEL (the Centre for Islamic and Middle Eastern Law) on “Forced Marriage as an Abuse of Human Rights: Legal and Social Issues” held on 16th of July at SOAS, University of London;

2003---Participated in “UK-Pakistan Judicial Conference on Child and Family Law” held at Royal Courts of Justice, London from 13th to 17th January as a member of Pakistan delegation headed by the Chief Justice of Pakistan;

2003---Visited San Francisco (USA) to attend the South Asian Rule of Law Dialogue with effect from 26th to 31st May;


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2005---In October attended an International Conference in Utah, USA organized by the “International Academy of Religious Tolerance and Belief”;

2007---Attended the International Conference on the Rule of Law from July 2nd to 5th at Vienna, Austria organized by the American Bar Association;

2008---Went to Arusha, Tanzania to participate in the meeting of “The Commonwealth Judicial Education Institute” from 28th October to 5th November;

2009---In March, he was invited to the 3rd Malta Judicial Conference on Cross-Frontier Family Law Issue in St. Julian’s Malta;

2009---Attended the International Family Justice Judicial Conference for Common Law and Commonwealth Jurisdictions at Cumberland Lodge Windsor, England from 4th to 7th of August;

2009---Participated in the “Conference on Religions and Cultural Freedom under a Bill of Rights’ organized by the University of Adelaide, Canberra, Australia.

2010---Participated in the 10th Congress of the International Association of Supreme Administrative Jurisdictions held in Australia from 7th to 11th March, 2010.

2010---Participated in the International Judicial Conference on Cross-Border Family Relocation held in Washington, D.C. from March 23 to 25, 2010.

Co-Chaired the 3rd meeting of the Working Party on Mediation in the Context of the Malta Process held in Gatineau, Canada from May 11 to 12, 2010.

June 2010--Attended the Intensive Study Program for Judicial Educators at Canada.

October 2010--participated in the International Bar Association’s Annual Conference at Vancouver Canada.

June 2011---Attended the Working Party on Mediation of Family International Law, Hague, Netherlands.

June 2011--- Attended the World Justice Forum III in Barcelona, Spain.

November 2011----Attended the Annual Conference of


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International Bar Association at Dubai. October 2013---Attended the Inaugural Assembly of

Association of World Election Bodies (A-WEB) and 6th Geo Conference of Election Management Bodies (EMBS) from 11-20 October, 2013 at Seol Republic of Korea.

1.3 Mr. Justice Nasir-Ul-Mulk, Chief Justice of Pakistan

Hon’ble Mr. Justice Nasir-ul-Mulk was born on 17.08.1950 in the valley of Swat, Khyber Pakhtunkhwa. He was awarded degree of ‘Barrister-at-Law’ by the Inner Temple, London (UK) in the year 1976. He was called to the Bar in the year 1977. He practiced Law for more than 17 years as an Advocate

Professional Experience:

Visiting Faculty at Khyber Law College, Peshawar. Visiting Faculty at Peshawar University. Visiting Faculty at N.W.F.P. Provincial Services Academy, Peshawar. Elected as Secretary General, Peshawar High Court Bar Association in the year 1981. Elected twice as President of High Court Bar Association in the years1990 and 1993. Appointed as Advocate General, N.W.F.P. in the year 1993. Elevated as Judge, Peshawar High Court on 04.06.1994. Elevated as Chief Justice of Peshawar High Court on 31.05.2004. Elevated as Judge, Supreme Court of Pakistan on 05.04.2005. Elevated as Chief Justice of Pakistan on 06.07.2014.

Additional Portfolios:

Chairman Judicial Commission of Pakistan. Chairman Law & Justice Commission of Pakistan. Chairman, Center of Excellence for Law & Judicial Education


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International Conferences and Symposia attended:

International Judicial Training Conference, Barcelona, Spain, 2007.

World Justice Forum-II Austria Center Vienna, 2009. Colloquium for Judges on the use of the Principles of Equity and

Non-Discrimination, 2009 Maldives, under the UN OHCHR, Geneva.

The International Association of Supreme Administrative Jurisdictions (IASAJ) 2010 Congress Sydney & Canberra, Australia.

Decision Making on Pluralist Normative Ground: On the Governance of Disparate Traditional, Religious and Statutory Laws in Pluralist Societies Conference, held in Berlin, Germany in May 2011.

Alternative Dispute Resolution (ADR) Conference 2012, Singapore.

Headed the delegation of the Judges and legal fraternity of the Country to visit the United States of America in 2013.

Members of the Commission

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

Mr. Justice Agha Rafiq Ahmed Khan was born on 23rd August, 1949 in Garhi Yasin, District Shikarpur in Royal Barakzai Pathan family. He is son of Late Agha Mohammad Anwer Khan, prominent figure of the said area. He got early education from D.C. High School Garhi Yasin and Graduation from C&S Government College, Shikarpur. He got LL.B Degree from University of Sindh in the year 1971. Justice Agha was enrolled as Member of Sindh Bar Council in 1972. He joined Sindh Judicial Services as Civil Judge and First Class Magistrate in 1973 through Competitive Examination of


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Public Service Commission. He was promoted as Senior Civil Judge & Assistant Sessions Judge in 1978 and as Additional District & Sessions Judge in 1983. He was appointed as Additional Secretary, Sindh Assembly in 1985 and promoted as Secretary, Sindh Assembly in 1985. He attended Shariah Training Course in International Islamic University Islamabad in 1984. He was appointed as Director Legal Services and Director Administration in PIA on deputation in 1989. He was promoted as District & Sessions Judge in May, 1990 and was appointed as Additional Secretary (Regulations) in Services and General Administration Department, Government of Sindh. He was appointed as Judge Sindh Labour Court No.1 Karachi in 1991. He was posted as Law Secretary Sindh in 1994-95. He was appointed Additional Judge High Court of Sindh in 1995, and confirmed as Judge of High Court of Sindh in 1996. He was appointed as Federal Secretary, Law and Justice Division, Government of Pakistan in 2008 and appointed as Permanent Judge of Sindh High Court on 14.12.2008 along with original seniority from 1995. He was elevated as Chief Justice, Federal Shariat Court of Pakistan on 05.06.2009.

Mr. Justice Agha Rafiq Ahmed Khan participated in Training Course on Judicial Ethics organized by Royal Institute of Public Administration (RIPA), London in June, 2009 and remained on this august position till his retirement on 14th June, 2014.

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 Governors, Board of Trustees, Council of Trustees and Selection Board of the International Islamic University, Islamabad.


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1.5 Mr. Justice Sardar Muhammad Raza Chief Justice, Federal Shariat Court

Mr. Justice Sardar Muhammad Raza son of Sardar Muhammad Yousaf born at village Namli Maira of Abbottabad District on 10.02.1945. He passed his Matriculation examination in the Year 1958 from Government High School No. 2, Abbottabad and graduated from Government College, Abbottabad in 1962. Afterwards, he did M.A in Economics and obtained LLB degree from Punjab University in the years 1965 and 1967 respectively. He appeared in the PCS examination (Judicial Branch) in 1968 and was selected as Civil Judge. After the abolition of One Unit, his services were transferred to the Province of N.W.F.P. He served as Civil Judge, Senior Civil Judge and Additional District & Sessions Judge at different stations. In July, 1979 he was promoted as District and Sessions Judge. In 1985, while he was posted as Judicial Commissioner for Northern Areas, he toured United States of America in March 1985, to study the American legal System. He also visited Japan in 1999 to attend a three months training course on the subject of ‘Corruption among Public Officials’. In June 2004, he visited Ipoh—Kualalumpur, Malaysia in connection with an International Seminar on the issue of “Human Rights and Independence of the Judiciary”. In 2009, he attended a Seminar on Criminal Justice System in Dacca Bangladesh. In 2010, he visited Royal Institute of Public Administration (RIPA) UK to attend a course on the Judicial Administration. He also remained Special Judge, Customs, Taxation and Anti-smuggling, wherefrom he was elevated to the Bench on the 14th of December, 1993 as Additional Judge, Peshawar High Court. He was eventually confirmed as Judge of Peshawar High Court in June, 1995.


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He was appointed as Chief Justice of Peshawar High Court on 25th of April, 2000. During this time, he twice served as Acting Governor N.W.F.P. In 2002, he was elevated as Judge Supreme Court of Pakistan. He served as a Judge of Supreme Court for more than 8 years and during this period, he twice remained the Acting Chief Justice of Pakistan and also as Acting Chief Election Commissioner of Pakistan. Mr. Justice (R) Muhammad Raza retired as a Judge of Supreme Court in February 2010. However, he was appointed as Chief Justice Federal Shariat Court on 5th June, 2014 and remained on this august position till his appointment as Chief Election Commissioner on 7th March, 2015.

1.6 Mr. Justice Sh. Azmat Saeed

Chief Justice, Lahore High Court Mr. Justice Sh. Azmat Saeed was born on the 28th of August 1954 at Rawalpindi. Completed basic education from the same city. Did his Senior Cambridge from the St. Mary’s Academy in 1970. Graduated from Sir Syed College Rawalpindi in 1974. He Joined the Punjab University Law College Old Campus Lahore and obtained LL.B. Degree in 1978. He Joined the legal profession in the same year at Rawalpindi and after completion of apprenticeship was enrolled as an Advocate in 1978.

After working in various chambers started his independent practice in Lahore in 1980 and was enrolled as an Advocate of the Lahore High Court Lahore in 1981 and subsequently as an Advocate of the Supreme Court of Pakistan.

He was appointed as legal advisor to the Lahore Development Authority in 1996. Appointed as Special Prosecutor by Ehtesab Bureau in 1997 and was a Member of the Legal Team prosecuting high profile cases before the Lahore High Court Lahore and Rawalpindi Bench. Appointed as Deputy Prosecutor General NAB at Islamabad in the year


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2000 for a period of one year. Appointed as Special Prosecutor NAB in 2001 to prosecute cases before the Accountability Courts at Attock Fort and Rawalpindi. Taught in the Quaid-e-Azam Law College Lahore for three years.

During the course of legal professional career conducted a large number of cases before the Civil and Banking Courts and the High Courts of Sindh, NWFP and Lahore High Court Lahore. He also appeared as an Advocate before the Cricket Inquiry including in proceedings held at Melbourne (Australia). In addition to litigation he was also involved in negotiations of various commercial and financial transactions both inside and outside Pakistan.

He participated in the International Conference on Financial Crimes and Money Laundering. On account of his personal and professional commitments has visited various countries including USA, Germany, UK, France, Italy, Australia, Turkey, Singapore, UAE, Malaysia, Bangladesh, Sri Lanka, Maldives and Thailand. Appointed as an Additional Judge of the Lahore High Court from 1.12.2004 and on confirmation took oath as Judge of the Lahore High Court on 1.12.2005. In June 2006 nominated as Member of the Board of Governors National College of Arts.

Mr. Justice Sh. Azmat Saeed was appointed as Chief Justice Lahore High Court on 17-11-2011 and elevated as Judge of the Supreme Court of Pakistan on 1st June, 2012.

1.7 Mr. Justice Mushir Alam

Chief Justice, High Court of Sindh

Born to a lawyer family on 18.8.1956. Grandfather Moulvi Abdul Rauf, served as counsel for Maharaja of Gawaliar State. My late father, Muhammad Akram was leading senior lawyer of his time. My late uncle, Manzar Alam, a veteran worker of Pakistan Movement, also served the legal profession as an outstanding lawyer. I am third generation in legal field. I did my LLB from S.M. Law College, Karachi. Joined Karachi Bar, in 1981. Enrolled as an Advocate High Court in 1983.


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Played active role in Bar activities. Held office of Honorary Joint Secretary and then as General Secretary High Court Bar Association Karachi. Elected as Member Sindh Bar Council. Appointed as Standing Counsel for Government of Pakistan in 1998 and held last two positions till elevation to the Bench on 20th April 1999.

Worked for All Pakistan Trade Union Congress, an affiliate of Brotherhood of Asian Trade Union (BATU), Worker Confederation of Labour (WCL), nominated as link person in Pakistan for the implementation of International Labour Standard or ILO Norms in Pakistan. Attended large number of regional and international conferences and workshops under the auspices of APTUC, BATU, WCL and ILO.

Mr. Justice Mushir Alam was appointed as Chief Justice High Court of Sindh on 14-2-2014 and elevated as Judge of the Supreme Court of Pakistan on 20.09.2013.

1.8 . Mr. Justice Dost Muhammad Khan Chief Justice, Peshawar High Court

Mr. Justice Dost Muhammad Khan was born to a respectable family of Bannu on 20th of March, 1953, Mr. Justice Dost Muhammad Khan, received his secondary education from Government High School No. 1, Bannu and graduated from the Government Post Graduate College, Bannu in the year 1972-73. Subsequently, he graduated in Law in 1975-76 from the Government of Sindh Muslim Law College, Karachi and joined the profession of Law in the same year. He was enrolled as an Advocate of the Lower Courts in year 1977, Advocate Peshawar High Court in 1981 and Advocate, Supreme Court of Pakistan in 1998.

His elevation to the Bench as Additional Judge in September, 2002 was an acknowledgment of his professional capabilities and after having served as a Judge of the Peshawar High Court for 8 years, his lordship was appointed as Chief Justice on 17th November, 2011 and elevated as Judge of the Supreme Court of Pakistan on 31st January, 2014.


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1.9 Mr. Justice Umar Ata Bandial

Chief Justice, Lahore High Court

Justice Umar Ata Bandial was born on 17.09.1958 at Lahore. He received his elementary and secondary education at different schools in Kohat, Rawalpindi, Peshawar and Lahore. He got his Senior Cambridge certificate in the year 1973 from St. Mary’s Academy, Rawalpindi and Higher Senior Cambridge certificate from Aitchison College in the year 1975. He secured his B.A. (Economics) degree from Columbia University, USA in the year 1979 followed by a Law Tripos degree from Cambridge University, U.K in 1981. In 1982 he also qualified as Barrister-at-Law from Lincoln’s Inn London and enrolled as an Advocate of the Lahore High Court in 1982. Some years later, he was enrolled as an Advocate of the Supreme Court of Pakistan.

Justice Umar Ata Bandial was elevated to the High Court Bench on 04.12.2004. He declined oath under PCO in November, 2007 but was restored as a judge of the Lahore High Court as a result of the lawyers and civil society movement for restoration of the Judiciary and constitutional rule in the country.

Mr. Justice Umar Ata Bandial was appointed as Chief Justice Lahore High Court on 1-6-2012 and elevated as Judge of the Supreme Court of Pakistan on 17.06.2014.


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1.10 Mr. Justice Qazi Faez Isa Chief Justice, High Court of Balochistan

Mr. Justice Qazi Faez Isa was born on October 26, 1959 in Quetta. He did his B.A. Honours in Law from London. Completing his BAR Professional Examination from the Inns of Court School of Law, London, he was called to the Bar of England and Wales (Middle Temple, 1982). Mr. Justice Qazi Faez Isa after doing his Bar-at-Law, was enrolled as an Advocate of the Balochistan High Court and became an Advocate of Supreme Court of Pakistan from Balochistan. He practiced law for over 27 years before all the High Courts of Pakistan, Federal Shariat Court and Supreme Court of Pakistan. He was a member of the Balochistan High Court Bar Association, Sindh High Court Bar Association and Life Member of the Supreme Court Bar Association of Pakistan. Before his elevation he was a senior partner and head of litigation in one of Pakistan’s leading Law Firms. In his capacity as Counsel was called upon by the High Courts and the Supreme Court as amicus curiae, and rendered assistance in certain complicated cases. He has also conducted international arbitrations. Innumerable cases, in which he appeared as Counsel, have been reported in law journals; public interest litigation cases, when he successfully assailed the special laws applicable in Balochistan (Ordinance I & II of 1968) on behalf of the Balochistan Bar Association (PLD-1991 Quetta 7).

In the petition filed in the Balochistan High Court with regard to the violation of Quetta Building Code, the High Court directed the implementation of the Quetta Building Code to ensure against death and destruction in times of earthquake (PLD 1997 Quetta I). He served in an honorary capacity as a Director of the Board of Directors of one of the leading banks in Pakistan, Member of the Policy Board of Securities and Exchange Commission of Pakistan and Member of the Quaid Mazar Management Board. Mr. Justice Qazi Faez Isa has also remained professor on the ‘Constitution of Pakistan and the Constitutional History of the Sub Continent’ at Islamia Law College, University of Karachi (till 1994). Mr. Jusice Qazi Faez Isa was elevated to the position


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of Chief Justice of Balochistan on August 5, 2009. He is author of two books namely “Mass Media Laws and Regulations in Pakistan “and “Balochistan, Case and Demand”. He has also written extensively on Law, environment, Islam, Heritage, Balochistan and the Constitution. Mr.Justice Qazi Faez Isa was elevated as Judge of the Supreme Court of Pakistan on 05-09-2014.

1.11 Mr. Justice Maqbool Baqar

Chief Justice, High Court of Sindh

Name:

Maqbool Baqar

Father's name:

S. Ali Ashar

Date of birth:

5th April, 1957.

Academic qualification:

LL.B. from University of Karachi.

Enrolled as an advocate:

In May 1981

Elevated as an Additional Judge of High Court of Sindh:

On 26th August 2002.

Confirmed as Judge of High court of Sindh:

On 26th August 2003.

Appointed as Chief Justice of the province of Sindh:

On 20th September 2013.

http://www.sindhhighcourt.gov.pk/Honble_ChiefJustice.php


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1.12 Mr. Justice Mian Fasih-ul-Mulk Chief Justice , Peshawar High Court Born on 8th of April 1952 to a respectable family of Mian Kakakhel, District Charsadda. Education B.Sc University of Peshawar. LL.B Faculty of Law, University of Peshawar. Professional Career Enrolled as an Advocate of the Lower Courts in the year 1980. Enrolled as an Advocate of the High Court in the year 1983. Enrolled as an Advocate of the Supreme Court of Pakistan in the year 1996. Conducted cases both at Appellate and Trial stages. Judicial Career Elevated to the Bench as Additional Judge on 7th September, 2009. Confirmed as permanent Judge of the Peshawar High Court on 7th September, 2011. Monitoring Judge of Anti-Terrorism Courts, Khyber Pakhtunkhwa. Administrative Judge of Anti-Terrorism Courts at Peshawar. Chairman, Subordinate Judiciary Service Tribunal, Khyber Pakhtunkhwa. Chairman, Labour Appellate Tribunal, Khyber Pakhtunkhwa. Chairman Khyber Pakhtunkhwa Bar Council Enrolemnt Committee. Chairman Purchase Committee of Peshawar High Court. Remaind Member Election Tribunal for the Elections 2013. Appointments 1989-1999 Special Prosecutor, Customs and Taxation, NWFP. 1989-1999 Special Public Prosecutor, Bank Offences, NWFP. 1993-2002 Legal Adviser, Industrial Development Bank of Pakistan (IDBP). 2000-2009 Deputy Prosecutor General accountability, NAB(F).


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Other Activities Remained Pakistan Law Journal (PLJ) Reporter for Peshawar High Court. Remained Member Syndicate of Malakand University. Remained Member Syndicate University of Peshawar. Training and Conferences Attended International Association of Prosecutors (I.A.P) Workshop at Seoul, South Korea in September 2004. Attended Judicial Conference at Islamabad in April, 2010. Attended Judicial Conference at Islamabad in April, 2011. Attended International Conference on Combating Terrorism through law at Karachi Pakistan in year 2012. Attended workshop at Islamabad on Prisoner Vulnerability-Lacking Awareness on 2nd November, 2013 and read paper on the topic of "Rights and Privileges of Prisoners". Attended International Judicial Conference, 2014 at Islamabad and presented paper on "Role of Judiciary in Protecting Human Rights".

As Chief Justice Took oath as Chief Justice of the Peshawar High Court on 31st January, 2014. Retired as Chief Justice, Peshawar High Court on 7th April, 2014.

1.13 Mr. Justice Muhammad Anwar Khan Kasi

Chief Justice, Islamabad High Court

Mr. Justice Muhammad Anwar Khan Kasi is a descendent of a famous Pashtun tribe “Kasi” settled in Quetta and around since ages. Born in an educated business family on 28th November 1956, he received his early education from Tameer-Nau Public School Quetta. After doing his FSC from Government Science College Quetta in 1975, he did his graduation from the University of Baluchistan


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in 1978. Thereafter he received his Masters degree in Economics in 1st Division and LLB from Baluchistan University in 1980-81. He was enrolled as an advocate in 1982. After practicing law as an advocate for four years, he joined the judicial service of Baluchistan as a Civil Judge in May, 1986. Besides working as a Civil Judge on various stations, he worked as a Section Officer (Solicitor) Law Department, Government of Baluchistan. He was appointed as an Additional District and Sessions Judge in 1991 and was promoted as District and Sessions Judge in 1997. He worked as District and Sessions Judge in the remote tribal areas i.e Nasirabad, Dera Muraad Jamali, Sibi, Noshki, Kharan, Musakhail, Pishin, Zhob, Chaman and Quetta. He also served as a Member Industrial Relations Commission Islamabad in 1999, Judge Accountability Court No.1 Baluchistan from 2000 to 2003, Judge Anti Corruption Court in 2009 and Member Baluchistan Service Tribunal in 2009 / 2010. He was elevated as Judge of the Islamabad High Court on 4th January 2011. He gained vast experiences in all the disciplines of law i.e criminal, civil, revenue, customs and service.

2. In his career as a Judge, he received his professional training from Federal Judicial Academy Islamabad in 1999. He participated in various conferences and workshops which include “First Judicial Conference” held in Quetta 2002, Workshop on “Citizen Court Liaison” held in Federal Judicial Academy Islamabad 2003, Workshop on “Pakistan Environmental Protection Act 1997” in Quetta 2003, Workshop on “Judicial Ethics” 2004 and Workshop on “International Mechanism for protection of Human Rights of Refugees and bonded labor” 2004. He had also been a sports man in the field of hiking, hunting and riding. Besides his native language, he is fluent in almost all the local languages of Pakistan i.e Brahvi, Balochi, Sindhi, Persian and Punjabi. He was elevated as Chief Justice Islamabad High Court, Islamabad on 25.02.2013.


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1.14 Mr. Justice Ghulam Mustafa Mengal Chief Justice, High Court of Balochistan

Mr. Justice Ghulam Mustafa Mengal was born on the 25th of December 1952, at Quetta (Balochistan).

Mr. Justice Ghulam Mustafa Mengal did his matriculation in 1971 and F.A. in January 1974, from the University of Balochistan. He completed his B.A. in March 1976, and L.L.B. from the University Law College, Quetta (University of Balochistan).

Mr. Justice Ghulam Mustafa Mengal entered the legal profession on the 15th of November 1988, and joined the Chamber of Muhammad Muqeem Ansari, a leading advocate of Balochistan.

He was enrolled as an advocate of the High Court on the 14th of February 1991 and of the Supreme Court of Pakistan on the 13th of September 2008.

On the 18th of November 1999, Mr. Justice Ghulam Mustafa Mengal was appointed as Assistant Advocate General, Balochistan, and on the 24th of September 2002, he was appointed as Additional Advocate General and served in this position till the 23rd of September, 2004.

During his career with the Bar he was elected as the Secretary of the Library of the Balochistan Bar Association, and in 2006 as the Vice President of the Balochistan High Court Bar Association. On the 9th of July, 2009, Mr. Justice Ghulam Mustafa Mengal was appointed as Chairperson, of the Environmental Protection Tribunal, Balochistan and as Senate Member of Sardar Bahadur Khan Women University on the 17th of September, 2012.


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Mr. Justice Ghulam Mustafa Mengal was elevated as Additional Judge, High Court of Balochistan on the 7th of September 2009, and confirmed as Judge of the High Court of Balochistan on the 11th of May 2011.

Mr. Justice Ghulam Mustafa Mengal was appointed as Tribunal of Inquiry twice for the purpose of making inquiries into the tragic incidents of killings/firings, which took place on the 15th of January 2010, at City Khuzdar and on the 3rd of March 2010, at Balochistan University of Engineering & Technology, Khuzdar, respectively.

Mr. Justice Ghulam Mustafa Mengal attended the Judicial Conferences held at Islamabad in 2010, 2011 and 2012, and the Regional Seminar at Lahore in September 2011, organized by the Supreme Court Bar Association. He also attended the South Asia Conference on Environmental Justice at Bhurban, Muree in March 2012.

Mr. Justice Ghulam Mustafa Mengal took oath as Chief Justice of the High Court of Balochistan on September 05, 2014, and retired as Chief Justice of the High Court of Balochistan on December 24, 2014.

1.15 Mr. Irfan Qadir

Attorney General for Pakistan (From April, 2012 to June, 2013)

Mr. Irfan Qadir was born on 16th November, 1956.

Educational Qualification: BA, LLB from Punjab University. Mr. Irfan Qadir started active law practice in 1982 and enrolled as an Advocate of High Court in 1985, acquired expertise in all branches of legal profession and possesses rich experience in all major areas of law by conducting large number of important cases in the Supreme Court and the High Court and rendered many reported judgements. He served as Assistant Advocate General in 1988 and moved to senior position of Additional Advocate General in 1990. He also remained a Judge of the Lahore High Court and rendered many important


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judgments. In December, 2003 he was appointed Prosecutor General of National Accountability in Pakistan by the President. In May 2010, he was again appointed to the post of Prosecutor General for a term of three years.

In 2010 he was also appointed as Appellate Authority of Pakistan Cricket Board. In March 2012 he was appointed Consultant to the President of Pakistan on Legal Affairs where after he became Federal Secretary, Ministry of Law, Justice and Human Rights. He remained Attorney General for Pakistan from April 2012 to June 2013.

He has also international exposure having represented Pakistan in large number of seminars and workshops in important forums in Europe, Asia, Africa and America. He remained a member of International Corruption Hunters Network from 2006 to 2012. He is also a fellow of Icelandic Eva Joly Institute for Justice and Democracy. He is one of the founder members of International Association of Anti-Corruption Authorities which was established in Beijing in 2006.

1.16 Mr. Munir A. Malik

Attorney General for Pakistan

(From June, 2013 to January, 2014)

Mr. Munir A. Malik was born on 8th April, 1950 and he passed “O” Levels education from Lawrence College, Ghora Gali, Murree Hills, First Division in 1964 and First Division in Intermediate Science from Sindh Muslim Science College, Karachi in 1966. He graduated in Business Administration from San Jose State University, San Jose, California in 1971 and obtained law degree Juris Doctor from University of Santa Clara, California in 1974, graduated magna cum laude.

Professional:

(a) Admitted to the California State Bar, 1974. (b) Admitted to practice as Certified Public Accountant (CPA),

State of California, 1975.


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(c) Enrolled as Advocate High Court of Sindh, 3rd February, 1976.

(d) Enrolled as Advocate Supreme Court of Pakistan, 17th November, 1984.

Positions:

(a) President Supreme Court Bar Association, 2006-07. (b) President Sindh High Court Bar Association, 2002-03. (c) Member Pakistan Bar Council, 1990-95. (d) President Karachi Bar Association, 1986-87. (e) General Secretary Karachi Bar Association, 1980.

Distinctions:

(a) Gwangju Prize for Human Rights for 2008 awarded by the 518 Memorial Foundation, South Korea.

(b) Awarded Asian Human Rights Commission Defenders Award for 2007.

(c) Awarded Dorab Patel Human Rights Award for the Rule of Law 2007 by the Human Rights Commission of Pakistan.

Mr. Munir A. Malik was appointed as Member of the Law and Justice Commission of Pakistan on 21st December, 2012 for the remaining period ending on 29th March, 2015 in place of Syed Iqbal Haider after his demise on 11th November, 2012. He was appointed as Attorney General for Pakistan on 07th June, 2013. He resigned from the position in January, 2014. 1.17 Mr. Salman Aslam Butt Attorney General for Pakistan

Mr. Salman Aslam Butt was appointed as Attorney General for Pakistan when Mr. Munir A. Malik, the former Attorney General for Pakistan, stepped down from the position.

Professional Affiliations: Member, Supreme Court Bar Association.


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Member, Lahore High Court Bar Association. Member, Lahore District Bar Association.

Personal & Career: Born on 16th July 1958 Education: Government College, Lahore, 1974-1978 (BA) Punjab University Law College, Lahore, 1979-1981, University of London 1984-85 (LLM.). Awards and Honours International who’s who of Capital Markets Lawyers (2013) - nominated by peers as one of the world’s leading practitioners in this field;

Regulatory recommended by Chambers Asia Pacific (most recently, Chambers Asia Pacific 2012) as a leading individual for (i) dispute resolution; (ii) corporate/commercial; Regulatory recommended by Legal 500 (most recently, Legal 500 2013) for (i) dispute resolution; and (ii) banking and finance.

Being a corporate lawyer has appeared in a number of banking cases, disputes relating to the energy sector, capital markets and fake degree cases. Mr Butt has been a partner in the famous Cornelius Lane and Mufti law firm.

1.18 Ms. Yasmin Abbasey

Secretary, Law, Justice and Human

Rights

Ms. Yasmin Abbassy acquired expertise in all

branches of legal profession i.e. from a successful

lawyer to judge and a high ranking Law Officer.

She has 38 years judicial experience having

worked as Civil Judge and 1st Class Magistrate, Senior Civil Judge and

Additional District and Sessions Judge till she got promoted as District

& Sessions Judge in 1994. She also remained posted as Presiding Officer

in Labour Court, Presiding Officer of Small Cause Court, Karachi and in

Customs & Sales Tax Appellate Tribunal for about four years. She


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became a Judge of High Court of Sindh, Karachi in October, 2005. In

April, 2012 she served as Federal Law Secretary, Ministry of Law,

Justice and Human Rights. She has taken charge on 14th March, 2013 as

Federal Ombudsman for Protection against Harassment of Women at

the Workplace, Islamabad. Ms Yasmin Abbasey possesses a very rich

experience in almost all major areas of law.

1.19 Barrister Zafarullah Khan

Secretary, Law Justice & Human Rights

Barrister Zafarullah Khan is serving as

Secretary to the Government of Pakistan,

Ministry of Law, Justice and Human Rights

since October 21, 2013. He has 30 years of

experience of working in diverse fields. He has

served in Civil Services of Pakistan, has been a

lawyer, consultant, writer and teacher. He

joined the District Management Group of the Civil Services of Pakistan in 1987 and served in the Punjab and Sindh Provinces in various administrative and judicial capacities. He resigned from the service in 2002 to work for Human Rights and Rule of Law.

He has worked as legal and human rights consultant on women,

children and labour issues with different UN organizations, INGOs and

NGOs. He was the Chairman, Alternate Dispute Resolution Committee,

Collectorate of Customs and Sales Tax, Faisalabad (2004-06). He has

taught Law, Human Rights and International Relations in International

Islamic University, Quaid-e-Azam University, Iqra University, Civil

Services Academy, National School of Public Policy, National Police

Academy and many other institutions of higher learning and training.

Barrister Zafarullah Khan holds degrees and diplomas in varied fields.

He has done M.Sc in International Relations from the Quaid-e-Azam


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University, Islamabad; Bachelor of Laws with Honors from the City

University, London; Postgraduate Diploma in Bar Vocational Studies

from the University of West of England, Bristol; and Bar-at-Law from the

Lincoln’s Inn. He has certificates in Sahi Bokhari and Fiqh Hanafi from

Madrassah Mazher ul Uloom, Umer Kot, Sindh. He has also received

degree of Shahad-ul-Alamia-fe-Uloom-e-Islam from Wifaaq-ul-Madaris-

ud-Diniyyah, which is equivalent to Masters in Islamic Studies. He has

been a high achiever in his academic career. He stood first both in his

M.Sc International Relations and in Bachelor of Law examinations.

He has attended courses on ‘Negotiations on Financial Transactions’ and

‘Alternate Dispute Resolution’ at the United Nations Institute of Training

and Research; ‘International Labour Standards Course for Judges and

Lawyers’ at the International Training Center, Italy;

‘Telecommunications Law’ at the Center for Advance Studies in

Engineering, England; ‘Private International Law’ at the Hague Academy

of International Law, the Netherlands; and ‘Globalization’ at the Oxford

University, the UK.

Barrister Zafarullah is a voracious reader and writer. His reading

interests include Law, Political Economy, Psychology, Philosophy,

Political Science, International Relations, Human Rights, Literature,

Religions, and Sufism. He has authored many books and booklets on

Law, Human Rights, Islam and International Relations. His book, ‘Human

Rights: Theory and Practice’ is used as textbook on Human Rights in

different Universities of Pakistan.

He has represented Pakistan in various international forums. He

defended Pakistan’s Second and Third Periodic Reports under

Convention on the Rights of the Child before the UN Committee on the

Child in 2003 and in 2009. In 2005, he was a resource person in the

SAARC Gender Rights Conference, Islamabad. In 2006, he was invited as

Guest Speaker in Oxfam regional conference on ‘Change-Maker for


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Domestic Violence’, Colombo. He participated in the Peoples’ SAARC in

2008, Colombo. He represented Pakistan in 58th Session of the UN

Commission on the Status of Women in March 2014, New York.

Special Assistant to Prime Minister on Parliamentary affairs with the

status of State Minister.

1.20 Mr. Justice(R) Muhammad Raza khan Secretary, Law, Justice and Human Rights

He has held, during his long and active career, high positions in diverse fields. He blends variegated experiences, such as administrative, legal, judicial and teaching. To satisfy his urge for delving into different disciplines of knowledge, he has trained himself in Law, Literature, and Islamic Studies. He has mastered in Arabic language, in addition to English, Pashto, Punjabi and Urdu. He cherishes hard-work. Starting his career as a teacher in English, he became a Civil Judge and climbed the ladder, being elevated as Judge of the Peshawar High Court. In between, he had the welcome opportunities to work in responsible positions in the Ombudsman’s Office (Senior Law Advisor), Federal Service Tribunal (Member) and Federal Law Secretary. He is trained in professional and administrative matters both within and outside Pakistan, earning appreciation from academicians and experts alike.


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1.21 . Ms. Anis Haroon

Chairperson, National Commission

on the Status of Women

Ms. Anis Haroon was born on 19th August 1947. She did her Bachelors in Arts from Sindh University in 1965, obtained Masters Degree in International Relations from Karachi University in 1967 and L.L.B degree from Karachi University in 1967. She has remained Assistant Editor, Akhbar-e-Khawateen (1970-77). She was selected by UN to attend International Family Planning Conference in Bucharest, Romania 1974; represented Pakistan RCD Journalist Conference in Ankara 1976; appointed as Reporter/Feature writer in “The Leader” Karachi (1978-79); remained Freelance journalist in various newspapers and magazines (1979-to date); appointed as Coordinator Women’s Legal Rights Programme, Aurat Foundation (1989-90); Coordinator Sindh- ASP Programme for Beijing Conference and follow-up 1993-95; Joined Aurat Foundation as Resident Director. (Played a key role in providing relief to the victims of violence, especially saving lives of women who were threatened to be killed under Karo-Kari, (Shaista Almani & Several others). She was Selected and nominated by PWAG a Swedish Group as part of the “1000 women for Nobel Peace Prize” 2005. She has represented Pakistan at various forums including: South Asian Conference in Bangkok (1990); Women’s Rights Training Programme for Labour Education (1990-onwards); Women’s Conference in Manila (1993); Delhi First people to people dialogue in Delhi (1994); South Africa invited to talk about women and politics (1998); Women Waging Conference in Boston, USA December (1999 and 2000) and represented Women’s Action Forum in World Conference on Women, in Beijing 1995. She has remained Founder Member/Member of various associations which includes: Founder Member of Women’s Action Forum (1981); Founder Member of Human Rights Commission of Pakistan (1986); Member South Asia Partnership Board (1990); Member ASR Board (1992-98); Founder Member of Pak-India People Forum (1994); Secretary General SAP Int. Board


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(1995-96); Consultant and Member National Committee of Aurat Foundation on ‘Legislative Watch’ and ‘Political Education’ (1996-97); Board Member and President Aurat Foundation (1994-2001); Member of Pakistan Women Lawyers Association; Member of Pakistan Association for Mental Health and Secretary General, Pakistan Chapter for Pak-India Peoples Forum for Peace and Democracy. Ms. Anis Haroon is also an author of publication on real life stories of violence affected women titled “Dard-Ke-Rishty” Published in 2000.

1.22 Ms. Khawar Mumtaz, Chairperson, National Commission on the Status of Women

Ms. Khawar did M.A. International Relations with First Position and Diploma in French Language with First Division. Currently she is Chairperson, National Commission on the Status of Women, Government of Pakistan. Previously she was CEO Shirkat Gah, a leading women’s rights and development organization.

Among numerous trainings, lectures, Publications, Reports, National/ International experience she received Prime Minister’s award for co-authoring book ‘Women of Pakistan; Two Steps Forward One step Back?’ 1989. She also received Sitara-e-Imtiaz for social service and promotion of women’s rights. Ms. Khawar was nominated for the Nobel Peace Prize in 2005.

Ms. Khawar Mumtaz brings almost 30 years of experience of working on women’s rights and development issues. She brings a multi-sectoral approach to women’s issues with specific expertise in the areas of women and development; women’s political participation, poverty and environment, women’s reproductive health and rights. Her works spans from capacity building of grassroots organizations, to research, analysis and advocacy with policy makers on the basis of her research and grassroots engagements.


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1.23 Mr. Justice (R) Ghulam Rabbani Former Judge, Supreme Court of Pakistan

Mr. Justice (R) Ghulam Rabbani was born on 20th October, 1944 at District Hyderabad (Sindh), he Graduated in Arts in 1st class with five distinctions from the University of Sindh; did LLB from the University of Sindh; fellow of Commonwealth Judicial Institute, Halifax, Nova Scotia, Canada. Taught at law faculty in Hyderabad Sindh Government Law Collage to the students of law from 1985 till elevation to the bench and also practiced as Advocate of subordinate courts and the High Court. He remained Joint Secretary, District Bar Association, Hyderabad for two terms i.e. 1976-1977 and 1977-78; as General Secretary of the Bar from 1989-90; served as an Additional Advocate General, Sindh during 1966 and 1997. During his career as a Judge, he remained member of the Federal Review Board, member of the Selection Committee for selection of judicial officers of Sindh; member of the Board of Governors, Law Colleges Karachi and Sindh: member of the Syndicate of Liaquat University of Medical and Health Sciences, Jamshoro; trustee of Agha Khan Board of Trustees; Joint Chief Citizen Police Liaison Committee, District Hyderabad; and member Selection Board of the University of Sindh. He was elevated as Judge of the Sindh High Court on 26-5-1998 and as Judge of the Supreme Court of Pakistan on 14-9-2006. He retired as Judge of the Supreme Court on 19-10-2009 and was appointed as an Adhoc Judge of the Supreme Court on 20-10-2009 for a period of two years. He was also awarded the title of Honourary Member of the Piraeus Bar in recognition and appreciation of valuable services and struggles for the promotion of the rule of law and protection of human rights.


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Mr. Justice (R) Ghulam Rabbani was appointed as Member of the Law and Justice Commission of Pakistan on 04th July, 2013 for the remaining period ending on 29th March, 2015 in place of Mr. Munir A. Malik who was appointed as Attorney General for Pakistan. 1.24 Mr. Justice (R) Abdul Karim Khan Kundi, Senior Advocate,

Supreme Court of Pakistan Born in a village of D.I.Khan on 25.1.1933, Passed B.A, from Government College D.I.Khan in 1955. M.A (Economics) and LL.B from Karachi University in 1958. Practiced at Karachi for about one year, Joined P.C.S Judicial Branch in 1960, Served as Senior Civil Judge, District and Sessions Judge, Joined as Deputy Secretary, Government of Pakistan in the Ministry of Law and Parliamentary Affairs Division in 1975, Promoted as Joint Secretary Parliamentary Affairs Division in 1976, was sent to Congressional Fellowship Programme for about 10/11 months in 1977-78. Appointed as Secretary, Law Department, Government of NWFP in 1981. Elevated as Additional Judge of Peshawar High Court on 09.1.1983 and appointed as permanent Judge on 19.7.1986. Appointed as Judge of the Federal Shariat Court on 29.10.1989 for two years term and resumed as Judge of Peshawar High Court on 29.10.1991. Thereafter elevated as Chief Justice Peshawar High Court. Mr. Justice (R) Abdul Karim Khan Kundi was appointed as Member of Law and Justice Commission of Pakistan for three years on 20th March 2012.


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1.25 Mr. Abid Hassan Minto Senior Advocate, Supreme Court of Pakistan

Mr. Abid Hassan Minto (Abid Minto) was born on February 3, 1932. He attended Islamia High School, Rawalpindi and Gordon College (Rawalpindi). He received his law degree (LL.B) from the Punjab University Law College in 1955. While at Law College he was elected President of the Students Union and won and retained the title of "Best All Pakistan Debater" for four years. He is a constitutional expert and senior lawyer of the Supreme Court of Pakistan, and president of the Awami Workers Party. He is also a literary critic and a leftwing civic and political leader. His legal career spans over 50 years during which he was elected member of the Pakistan Bar Council from 1966 up to 1983; President, Lahore High Court Bar Association (1982); Chairman, National Coordination Committee of Lawyers (1981 to 1985) and President, Supreme Court Bar Association of Pakistan (SCBA) (1997 to 1999). Mr. Abid Hassan Minto has also been affiliated with the International Association of Democratic Lawyers (IADL) in which he was elected vice president at its Barcelona Congress (1990) and Bureau Member at its Cape Town Congress (1995). He was professor of law at the Law College of the Punjab University (Punjab University Law College) 1963 to 1983. Minto belongs to the Marxist school of thought in politics and letters. Mr. Abid Hassan Minto was appointed as Member of Law and Justice Commission of Pakistan for three years on 20th March, 2012.

http://en.wikipedia.org/wiki/Gordon_College_%28Rawalpindi%29

http://en.wikipedia.org/wiki/Gordon_College_%28Rawalpindi%29

http://en.wikipedia.org/wiki/LL.B

http://en.wikipedia.org/wiki/Punjab_University_Law_College

http://en.wikipedia.org/wiki/Awami_Workers_Party

http://en.wikipedia.org/wiki/Pakistan_Bar_Council

http://en.wikipedia.org/wiki/Supreme_Court_Bar_Association_of_Pakistan

http://en.wikipedia.org/wiki/Barcelona

http://en.wikipedia.org/wiki/Cape_Town

http://en.wikipedia.org/wiki/University_of_the_Punjab



http://en.wikipedia.org/wiki/Marxist


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1.26 Syed Iqbal Haider Senior Advocate, Supreme Court of Pakistan

A prominent practicing lawyer by training and profession, Sayed lqbal Haider was born on 14 January, 1945 in Agra in prepartitioned India. He migrated to Pakistan with his family and got his early education in Karachi. He earned Bachelor’s degree in Commerce from Government College of Commerce and Economics, Karachi in 1964 and thereafter did his LLB from the Punjab University Law College, Lahore in 1966. Sayed lqbal Haider remained in the Law profession since June 1967 when he was first enrolled as an advocate for the subordinate courts. He has been practicing law in different courts of the country, including High Courts, since 1972'' and Supreme Court of Pakistan wherein he was enrolled in 1978. In 1967, Sayed lqbal Haider went to England for higher studies in Law and was admitted in the Honourable Society of the Lincoln’s Inn. He has also been Federal Minister for Law, Justice and Human Rights from November 1993 to December 1994. Sayed lqbal Haider was Vice-President of Civil Liberties Association Karachi. He was one of the founders and member of the Governing Council of the Human Rights Commission of Pakistan. He was also member of the Executive Board/Committees of a number of organizations, including Pakistan Institute of International Affairs and the Sindh Red Crescent Society, and a Trustee of the Shaheed Zulfiqar Ali Bhutto Sports Foundation. He was also a member of the Bar Associations of the Sindh and Lahore High Courts. Sayed Iqbal Haider was a widely travelled person and has been to the UK, USA, China, Japan, Switzerland, France, Holland, Italy, Germany, India, Thailand, Singapore, Malaysia and a number of other countries of Asia and Europe on academic, professional, official and private errands. He was elected as a Senator in March 1991. He was member of the Senate Standing Committees on Defence, Defence Production and Aviation and on Information and Broadcasting and on Culture, Sports and Tourism and Women Development and Youth Affairs and also Functional Committee on Human Rights.


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Syed Iqbal Haider was appointed as Member Law and Justice Commission of Pakistan on 20th March, 2012. He died peacefully due to Coronary respiratory failure on 11 November 2012 in a Karachi hospital.

1.27 Mr. Habib-ur-Rehman Sheikh Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee

(Period from 29.1.2011 to 09.05.2013)

Mr. Habib-ur-Rehman Sheikh was born on 10th May, 1953; He has obtained L.L.M, Masters in Islamic studies and M.Phil in Islamic and Western Law. Mr. Habib-ur-Rehman Sheikh has remained Member High Court Bar Association Karachi, Member National Curriculum Review Committee of Higher Education Commission, Member National Commission for Homeopathy, Islamabad and Member Investment Committee Access to Justice Development Fund (AJDF). Mr. Habib-ur-Rehman Sheikh has attended several training courses within and outside Pakistan. He has 27 years vast experience in the field of Legal Research, Legal drafting, administration, formulation of National Judicial Policy 2009, Supervision and management of Access to Justice Development Fund etc. He serviced as Secretary, Law and Justice Commission of Pakistan and National Judicial (Policy Making) Committee from 29.1.2011 to 09.05.2013.

http://en.wikipedia.org/wiki/Karachi


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1.28 Raja Akhlaq Hussain Secretary, Law and Justice Commission of Pakistan/National Judicial (Policy Making) Committee

Raja Akhlaq Hussain did Master of laws in Legislative, Drafting and Master of Arts in Political Science. He did his LLB from the University of Punjab.

JUDICIAL EXPERIENCE

More than fourteen years experience as Judge of the Trial Court (Civil Judge–November 1985 to April 1999, Senior Civil Judge–November 1999 to March 2000 and adjudicated cases of different categories like cases of civil, criminal and family nature, etc.

Promoted as Judge of Court of Appeal in April, 2001 (Additional District & Sessions Judge) having about four years experience – April 2001 to July, 2004 and June, 2010 to December, 2010 and adjudicated cases in original jurisdiction, like cases of murder; narcotics; zina-bil-jabar (rape); drinking; robbery and dacoity. Being judge of court of appeal, also heard and adjudicated appeals against the decisions of the subordinate courts in all categories of cases of civil, criminal, and family nature, etc.

Promoted as District & Sessions Judge in December, 2009 and have been posted as Judge Anti-terrorism Court-II, Rawalpindi since 22nd February, 2010, adjudicating upon cases registered under the Anti-Terrorism Act, 1997.

District &Sessions Judge, Muzaffargarh May, 2011 to August, 2011.

District &Sessions Judge, Faisalabad September, 2011 to May, 2012.

District & Sessions Judge, Gujranwala June, 2012 to May, 2013.


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Judicial Reforms Experience:

Associated with Ms. Sandra Oxner of Canada in May 1999 to November, 1999 and April 2000 to March 2001 as representative of Ministry of Law on the Project “Strengthening Subordinate Judiciary in Pakistan” launched by Government of Pakistan with the assistance of Asian Development Bank. The Project identified crucial areas to be addressed for strengthening subordinate judiciary as:

1. constituting National Policymaking Authority for formulating judicial policies

2. establishing Judicial Development Fund for making improvement in judicial system

3. introducing compulsory judicial training for subordinate judiciary.

4. developing delay reduction mechanism 5. introducing court management and case management 6. increasing judicial strength 7. introducing automation interlinking subordinate judiciary

with higher judiciary

Legislative Drafting Experience:

Being holder of master degree in Legislative Drafting, remained associated with Legal and Drafting Wing of Ministry of Law, Islamabad on deputation from August, 2004 to June, 2010 and performed the following assignments.

Drafting/vetting of principal and subordinate legislation such as Acts, Ordinances, Rules, Regulations received from all Federal Ministries and their attached Departments.

Assisting Ministries in processing legislative proposals for approval of the Government and their introduction in either House of the Parliament.

He served as Secretary, Law and Justice Commission of Pakistan and National Judicial (Policy Making) Committee from 13-5-2013 to 29-10-2014.


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1.29 Mr. Tahir Shahbaz Registrar, Supreme Court of Pakistan. After the repatriation of Raja Akhlaq Hussain, Secretary, Law and Justice

Commission of Pakistan on 29th October, 2014 the Hon’ble Chief Justice

of Pakistan/Chairman LJCP had been pleased to entrust the additional

charge of the post of Secretary, Law and Justice Commission of Pakistan

to Mr. Tahir Shahbaz, Registrar, Supreme Court of Pakistan who

remained as Acting Secretary, Law and Justice Commission of Pakistan

during the remaining period of the year.


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2. Functions of the Law and Justice Commission of Pakistan

The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprises 13 other members including the Chief Justices of the Superior Courts, Attorney General for Pakistan, Secretary, Ministry of Law, Justice & Human Rights and Chairperson, National Commission on the Status of Women and four other members representing each province. The non-ex-officio members of the Commission are appointed for a period of 3 years. They are appointed by the Government on the recommendation of the Chairman of the Commission. The Chairman can also appoint suitable person(s) as a member(s) for a specified period to perform specified functions.

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

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

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

Removing inconsistencies between Federal and Provincial laws; Simplifying laws for easy comprehension and suggesting

measures to make the society law-conscious; Introducing reforms in the administration of justice; adopting

simple and effective procedure for the administration of laws to ensure substantial, inexpensive and speedy justice;

Recommending improvements in the quality/standard of legal education;

Taking measures for developing human resources for efficient court administration and management of case flow; co-ordination between the judiciary and executive authorities of the Federal Government and Provincial Governments on administrative, financial and other related matters;

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


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Managing the Access to Justice Development Fund; The Federal Government or any Provincial Government may

seek the opinion and advice of the Commission on any matter relevant to its functions.

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

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

Co-ordination of judiciary and executive.

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

Improving standards of legal education.

2.1 Working of the Commission and its Secretariat

Under the procedure Rules, 1980 of the Law and Justice Commission of Pakistan where the Commission proposes to examine any particular statute or law, the Chairman shall direct the Secretariat to do so and to submit a report for the consideration of the Commission.

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

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

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

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


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2.2 Reference to the Commission

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

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

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

2.3 Report and Recommendations

If, on submission of a report by the Secretariat on a statute, law or any other matter to the Commission, the Chairman proposes to make any recommendations to the Federal Government under section 6, sub-sections (1) and (2) of the Ordinance or to any Provincial Government under sub-section (1) thereof, or tender advice to the Federal Government or any Provincial Government on receipt of a reference under section 6 (3) of the Ordinance, he may direct that the report submitted by the Secretariat be circulated among the Members for their comments.

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

The reports of the Commission shall be published. The Chairman may require any person who had been consulted

or tendered his evidence under rules 2 and 3 of Part IV of the Procedure Rules to attend the meeting of the Commission and take part in the discussion, but such person shall not be entitled to vote.


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2.4 Secretariat of Law and Justice Commission of Pakistan The Secretariat of the Commission is headed by the Secretary and comprising other officers and ministerial staff. The functional strength of the Secretariat consists of Secretary, three Joint Secretaries, four Deputy Secretaries, one M.I.S Manager, five Research Officers, two Computer Programmers, three Section Officers and other supporting staff. Under Section 8 of the NJPMC Ordinance, the Secretariat of the Commission has been entrusted with the responsibility to provide Secretarial assistance to the National Judicial (Policy Making) Committee as well. 2.5 Research Methodology

Apart from the above mentioned references, the projects undertaken by the Secretariat are initiated in the Secretariat's meetings which take place frequently. Priorities are discussed and topics are identified. Depending upon the nature and scope of the topic, different methodologies for collection of data and research are adopted keeping the scope of the proposal for reform in mind. Discussion at meetings helps not only in articulating the issues and focusing the research, but also evolving a consensus among the researchers of the Secretariat. What emerges out of this preparatory work is usually a working paper outlining the problem and suggesting matters deserving reform. The paper is then submitted to the Sub-committee of LJCP to scrutinize the same before submitting to the Commission. After approval of Sub-committee, the proposal is then placed before the Commission, which if approved, is forwarded to the Ministry of Law, Justice and Human Rights for implementation. The Commission has been anxious to ensure that the widest sections of people are consulted in formulating proposals for law reforms. In this process, all the stakeholders are taken on board. The Commission welcomes interaction with the general public, especially jurists, researchers, scholars and activists to get feedback on its drafts and receive proposals for reform of law, legal education and judicial system.


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2.6 Public Awareness

The Secretariat also operates a Legal Awareness Scheme, where under Urdu write-ups are prepared on legal issues/problems of public interest and published in newspapers. The write ups have also been published in Booklet form under the title, Qanoon-Fahmi. So far seven volumes of Qanoon-Fahmi have been published. The published reports and write-ups are available for sale in the Head Office of National Book Foundation, Islamabad as well as its regional/branch offices. The reports/write-ups are also available on the website of Law and Justice Commission of Pakistan, www.ljcp.gov.pk.

2.7 Budget of the Law and Justice Commission of Pakistan

Total allocated budgets of the Law and Justice Commission of Pakistan for the financial years 2011-12, 2012-13 and 2013-14 are as under:-

Financial Year

Category

Allocation Utilization Salary Expenses

Non-Salary Expenses

2011-12 47,259,654 18,315,334 68,245,200 65,574,988

2012-13 54,745,432 14,735,418 73,702,300 69,480,850

2013-14 56,368,758 14,176,689 71,525,000 70,545,447

2.8 Activities of the Law and Justice Commission of Pakistan

during the period.

2.8.1 Meeting of the Commission, dated 19th May, 2012

A meeting of the Law and Justice Commission of Pakistan (LJCP) was held on 19th May, 2012 under the Chairmanship of Chief Justice of Pakistan/Chairman, Law and Justice Commission of Pakistan. In the said meeting following law reform proposals were approved by the Commission:


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i. Amendment to section 138 of the Negotiable Instruments Act, 1881

The Secretariat, LJCP proposed to amend section 138 of the Negotiable Instruments Act, 1881 to the extent of qualification of the person to be appointed as a Notary Public as provided in the Notary Rules 1965. After deliberations the Commission approved the proposal and recommended that the expression "any person" in section 138 of the Negotiable Instruments Act, 1881 may be replaced with “legal practitioner having active practice for at least five years”. Approving the proposal the Commission also recommended that clause (a) of rule 3 of the Notaries Rules, 1965 may be amended suitably by deleting the redundant condition.

ii. Amendment in Rule 11, Chapter 2, Part A (General) of

the High Court Rules and Order (Civil)

The Commission considered the amendment proposed in rule 11 of the High Court Rules and recommended that the said rule may be made gender neutralized and guardian should be compelled to produce the wards before court quarterly to make it aware about the condition wherein the ward is being brought up. The Commission observed that after appointment of guardian wards are left at their mercy and courts did not care to call upon the guardian to ensure proper maintenance of the minor. The Commission considered the proposal and approved the same.

iii. Amendments in Vaccination Laws

The Commission considered proposals for enhancing the effectiveness of Vaccination Laws in different provinces for vaccination of unprotected children and the Chief Justice High Court of Sindh proposed that section 3 of the Vaccination Ordinance may be amended so that the Superintendent of Prisons, Incharge of Dar-ul-Aman, Borstal Institutions, Remand Homes and other institutions


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where children are residing should be bound to enforce the provisions of Vaccination Ordinance under their jurisdiction for vaccination of unprotected children. The Commission agreed with the proposal and recommended to forward the same to relevant Provincial Governments for incorporation in their Vaccination Laws.

iv. Repeal of Obsolete and Redundant Legislation;

(a) The West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1960

The Commission considered the proposal and observed that the West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1959 has lost its importance and effectiveness after the promulgation of the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002. Most of the provisions of West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1959 are covered in the Ordinance, 2002 which is now exhaustive and consolidated law on the subject. After deliberations, the Commission approved the proposal.

(b) The West Pakistan Juvenile Smoking Ordinance 1959

The Commission considered the proposal for repeal of West Pakistan Juvenile Smoking Ordinance and approved the same as presently the cases related to smoking are dealt with in accordance with the provisions of the Prohibition of Smoking and protection of Non-Smokers Health Ordinance, 2002 which is fairly modern and more comprehensive in its scope, therefore, the West Pakistan Juvenile Smoking Ordinance, 1959 may be repealed.


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2.8.2 Sub-committee of the Law and Justice Commission of Pakistan.

The Hon’ble Chairman of Law and Justice Commission of Pakistan

(LJCP) constituted a Sub-committee in June, 2012 headed by

Mr. Justice (R) Abdul Karim Khan Kundi, former Chief Justice, Peshawar

High Court and Mr. Abid Hassan Minto, Senior Advocate Supreme Court

of Pakistan and Munir A. Malik, Senior Advocate of Supreme Court of

Pakistan as its members, with the mandate to scrutinize the draft

working papers prepared by the Commission’s Secretariat, before

submitting to the Commission. Accordingly, the Sub-committee in its

meetings held on 04th February, 2013, 01st August, 2013

and 18th November, 2013 considered various law reform proposals

initiated by the Secretariat of the Commission and gave its input to give

a more refined shape to the proposals/working papers before

submitting to the Commission for approval.

2.8.3 Meeting of the Commission, dated 8th September, 2013.

In the meeting of Law and Justice Commission of Pakistan held on 08th September, 2013 under the Chairmanship of Hon’ble Chief Justice of Pakistan many law reform proposals approved by the Sub-committee were considered in detail and the following law reform proposals were approved by the Commission:

i. Amendment to section 10 of the Offences in Respect of Banks (Special Courts) Ordinance, 1984.

The Commission considered the proposal for reinsertion of section 10-A in the said Ordinance and observed that the statute titled the Offences in Respect of Banks (Special Court) Ordinance, 1984, does not provide right of appeal against acquittal, which requires to be addressed so that an aggrieved party may have the opportunity for reddressal of his grievances. Thus the proposal was approved.


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ii. Amendment to section 3 of the West Pakistan Maternity Benefits Ordinance, 1958.

In back drop that as in other jurisdictions like India and Bangladesh working ladies under the law are facilitated during their pregnancy to ensure their participation in the affairs of the State but no such provision is available in Pakistani law i.e. The West Pakistan Maternity Benefits Ordinance, 1958. To address this issue, the Secretariat proposed amendment to section 3 of the West Pakistan Maternity Benefits Ordinance, 1958 restricting the employers from getting arduous nature of work from the working ladies during specific period of pregnancy such as one month preceding the period of six weeks before the date of expected delivery vis-a-vis one Month succeeding the period of six weeks after the date of delivery so that their health may not be affected adversely. The Commission considered the proposal and found it beneficial for the working ladies and approved the same accordingly.

iii. Amendment to section 489-F of the Pakistan Panel

Code, 1860.

As there are two provisions in two different laws, one, section 489F PPC and the other section 20 (4) of the Financial Institutions (Recovery of Finances) Ordinance,

2001 providing punishment on account of dishonouring of a cheque. It was pointed out that section 489F of PPC deals with dishonouring of a cheque given by an individual regarding a transaction between individuals whereas section 20 (4) ibid addresses dishonouring of a cheque given by a customer of a financial institution to the institution. It was also pointed out that the Superior Courts have observed time and again that the transaction between a customer and financial institution is dealt with by the said Financial Institutions (Recovery of Finances) Ordinance, 2001, but the Financial Institutions get the


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criminal cases registered against the customers under section 489F of the Pakistan Penal Code which is an exploitation not warranted under the law. Accordingly, the Secretariat proposed amendment in section 489F of PPC excluding registration of cases under section 489F of PPC on the ground of dishonouring of cheque given by a customer to a financial institution. The Commission deliberated upon the proposal and approved the same.

iv. Amendment to Illegal Dispossession Act, 2005.

Certain amendments were proposed in the Illegal Dispossession Act, 2005 in the meeting of the Commission dated 19-5-2012, like defining the terms "property grabber" and "property grabbling", empowering the courts to examine ownership record of the disputed property; and awarding cost if the complaint is found frivolous or vexatious. The meeting was also informed that the said proposals were dropped except the one relating to addressing the issue of false complaints with the direction to rephrase the proposed provision. Accordingly, addition of sub-section (4) was proposed in section 5 of the said Act of 2005 whereby the Court may, if the complaint is found false or vexatious, award compensatory cost upto five hundred thousand rupees to the other party. The Commission considered the proposal and approved the same.

v. Amendment to section 19 of the Mental Health Ordinance, 2001

Under clause (c) of section 19 of the Mental Health Ordinance, 2001, the police may cause the detention of an alleged mentally disordered person for 72 hours which is violation of the Constitution itself as under clause (2) of Article 10 of the Constitution of the Islamic Republic of Pakistan a person arrested must be produced before a Magistrate within 24 hours of such arrest. Further there is no provision in the said Ordinance, 2001 regarding


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assessment of mental condition of the detained person so that he may be either sent for psychiatric facilities or given in care of his relative or if found mentally fit, ordered to be released. The Secretariat proposed amendments in section 19 ibid empowering a Magistrate to deal with the said issues. The Commission deliberated upon the proposed amendment and found appropriate to address the issues and accordingly approved the same.

2.8.4 Meeting of the Commission, dated 14th June, 2014.

In the meeting of Law and Justice Commission of Pakistan held on 14th June 2014 under the Chairmanship of Hon’ble Chief Justice of Pakistan many law reform proposals approved by the Sub-committee were considered in detail and the following law reform proposals were approved by the Commission;

1. Amendment to section 91, 92 and 104 of the Code of Civil

Procedure, 1908.

The proposed amendments in section 91 and section 92 CPC to

the effect that two or more persons may institute a suit in respect

of public nuisance and breach of trust with permission of the

Court in addition to being instituted by the Advocate General,

were approved by the Commission. The Commission also

approved the amendment deleting in sub-section (2) of section

92 the words “Save as provided by the Religious Endowment Act,

1863”. The Commission also approved amendments in section

104 of CPC by adding clause (fff), for providing right of appeal

against the order of refusal of filing suit by two or more persons.

2. Amendment to section 46 of the Code of Criminal Procedure,

1898.

The Commission approved addition of sub-section(4) to section

46 of Cr.P.C for discouraging fake police encounters.


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3. Addition of section 54-A in the Code of Criminal Procedure, 1898.

The Proposed amendment by adding a new section 54-A in Cr.P.C

regarding rights of the arrested person was approved by the

Commission to the extent that the accused person, upon arrest be

informed of the grounds of his arrest.

4. Addition of section 9-A in the Muslim Family Laws Ordinance,

1961.

The proposed amendment by adding a new section 9-A in the

Muslim Family Laws Ordinance for the maintenance of parents

who are unable to maintain themselves, was approved by the

Commission.

5. Amendment to the Fatal Accidents Act, 1855.

The amendments proposed in the Fatal Accidents Act, 1855 for

ensuring speedy justice to the legal heirs of the victim in

providing compensation to them, were approved by the

Commission.

6. Amendments to Muslim Family Laws Ordinance, 1961, the WP

Family Courts Act, 1964 and the Dowry and Bridal Gifts

(Restriction) Act 1976, and rules made under aforementioned

statutes.

7. The Commission approved the following proposed amendments

in the said laws and rules:

i. Amendment to section 9 of the Muslim Family Laws

Ordinance, 1961 to provide for annual increase of

maintenance by the arbitration council.

ii. Amendment to section 7 of the W.P. Family Courts Act,

1964 whereby a plaint for dissolution of marriage


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shall also contain the claim of annual increase of

maintenance.

iii. Amendment to part-1 of the schedule formed

under section 5 of the W.P Family Court Act, 1964 to

the effect of extending jurisdiction of family court to

matters related to annual increase of maintenance.

iv. Amendment to rule 9 of the W.P Rules under the

Muslim Family Laws Ordinance, 1961 to provide for

increase of registration fee of Nikah Registrar to two

hundred rupees and in case dower exceeds 5000

rupees, a fee calculated at the rate of five rupees for

every thousand or part of the thousand rupees of such

dower, subject to a maximum fee of 5000 rupees.

v. Amendment to rule 10 of W.P Rules under the MFLO

1961, by addition of new sub-rule (6) to the effect that

the Nikahnama shall contain a column to the effect

that whether list of dowry, bridal gifts and presents is

attached.

vi. Amendment to rule 4 of the Dowry and Bridal Gifts

(Restriction) Rules, 1976 by addition of sub-rule (3A)

and (3B) to the effect of giving option to the bride and

bridegroom to furnish list of dowry, presents and

bridal gifts with the Nikahnama which will be a

conclusive proof of giving or receiving the said articles.


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3. National Judicial Policy Making Committee (NJPMC)

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

a. Improving the capacity and performance of the administration of justice;

b. Setting performance standards for judicial officers and persons associated with performance of judicial and quasi judicial functions;

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

d. Publication of the annual or periodic reports of the Supreme Court, Federal Shariat Court, High Courts, Subordinate Judiciary, Special Courts and Administrative Courts/Tribunals. As per directions of NJPMC in its meeting held on 29th May 2004 the annual reports are published by the respective courts.

The Committee is further empowered to constitute sub-committees consisting of its one or more members as it deems fit and may assign them any matter relevant to the functions of the Committee. 3.1 Secretariat and Finances

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


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3.2 National Judicial Policy 2009

The historical movement for restoration of independent-minded judges, supremacy of the Constitution and rule of law had enhanced the expectations of people from the courts for restoration of their rights. To meet the expectations of public and ensure independence of judiciary, the National Judicial Policy was launched on 1st June, 2009 to improve the service delivery component of justice sector institutions. The initial draft of the National Judicial Policy was prepared by the Secretariat of LJCP, which was meticulously considered at different fora. After thorough consultations with stakeholders, the Policy was approved and became effective from 1st June, 2009. The Policy provides strategies aimed at clearance of backlog, quick disposal of cases and inexpensive dispensation of justice. The formulation of Policy is a remarkable achievement on the part of NJPMC in the judicial history of Pakistan. The major thrust of the Policy is on early disposal of pending cases in the superior courts as well as in district courts all over the country. After enforcement of Judicial Policy, the courts performed well and by and large achieved the targets set for disposal of cases. During the period the Supreme Court, Federal Shariat Court, High Courts and District Judiciary decided 15,731,152 cases. During this period 15,66,1924 new cases were instituted meaning thereby that the disposal figure is 69,228 higher than the institution, which is an outstanding achievement. Moreover, 64607 accused persons have been released on probation and 848 on parole under the Probation of Offenders Ordinance, 1960. The figure of disposal is encouraging and shows the confidence of people in the judiciary for resolving their cases and protection of their rights which is a good omen for the nation. On the other hand, the significant performance of courts has strengthened the perception of general public about the rule of law in the country. The Policy proved a tool to sensitize the people regarding their rights. However, deficiency if any was on account of cogent reasons beyond the control of courts.

Besides, in the Policy certain measures have been suggested to strengthen the role of judicial institution to keep its independence secure and intact, so that Judges may concentrate on their professional


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duties and avoid contacts with political elements and maintain a clean and impartial image of the judiciary. 3.3 Salient Features of the Policy

a. Independence of Judiciary

No Chief Justice or a Judge of the Superior Court would accept appointment as Acting Governor of the Province.

No retired judge of the superior court shall accept an appointment which is lower to his status or dignity.

Appointment of judicial officers be made through High Courts.

Posting of serving judges against executive post on deputation be discontinued.

All special courts/tribunals must be placed under the control of judiciary.

The judiciary should avoid its involvement in the process of elections.

b. Misconduct

The Judges of the superior courts should follow the Code of Conduct and take all necessary steps to decide cases within the shortest possible time as provided by Article X of the Code of Conduct for Judges.

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

c. Eradication of Corruption

Zero tolerance for all types of corruption in judiciary.

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


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

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

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

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

d. Measures for Expeditious Disposal of Cases

Ensuring production of under trial prisoners before the Court for grant of remand/ trial.

Provision of Legal Aid to the poor accused persons through Legal Aid Committees of the Bar Councils.

Discouragement of false and frivolous litigation by taking action under the relevant laws.

Making use of Probation & Parole Laws to extend benefits thereof to deserving convicts and lessen the load on jails.

Recording of evidence through appointment of Commissions in civil cases.

Adoption of equitable consistent and coherent policy for sending judges to permanent and circuit benches.

Bifurcation of civil & criminal functions of the courts.

Filling of vacant posts of judicial officers & judges.

Capacity building of judges & Para legal staff.

Improvement of infrastructure like construction of court rooms and provision of necessary amenities for lawyers/ litigants.


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Construction of new jails at district level to address the issue of overcrowding.

Provision of medical facilities to jail inmates.

Non detention of condemned prisoners in death cells till final decision of their appeals.

Making use of IT & Networking at all levels of judicial hierarchy.

Installation of video conferencing facility between the counts & jails and introduction of other modern techniques in the court proceedings.

Uniform salaries.


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4. Activities of the National Judicial (Policy Making)

Committee:

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

4.1 Meetings of National Judicial Policy Making Committee

In the year 2012, 2013 and 2014 10 meetings of the Committee were

held on 30-31 March, 2012 at Peshawar, 27-28 April, 2012 at Karachi,

6th October, 2012 at Quetta, 3rd November 2012 at Lahore, 17th

November 2012 at Islamabad, 2nd February 2013 at Lahore, 8th June

2013 at Islamabad, 8th March, 2014 at Islamabad, 26th April, 2014 at

Islamabad and 20th September, 2014 at Islamabad wherein the

performance of Courts were reviewed and various issues hindering the

administration of justice were discussed and recommendations were

made for improving the performance of justice and necessary

directions were issued to the concerned quarters for ensuring

inexpensive and expeditious justice to all segments of the society. In

this regard directions were made for early disposal of cases, filling of

vacant posts of Judicial Officers and ancillary staff, increase in number

of Judicial Officers, early disposal of revenue/fiscal cases pending in

Superior Courts and Special Tribunals, construction of model jail in

Islamabad, appointment of Non-official Visitors for jails,


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computerization of revenue record, capacity buildings of Judicial

Officers, protection of judicial officers for enabling them to perform

their duties in a free and fair manner, defective investigation, non

registration of FIR in cognizable cases, non production of under trial

prisoners before courts, monitoring the affairs of Cellular Companies

and Installation of Unified Integrated System for provision of

standardized information to the users, etc. Some important

recommendations made during these meetings are as under;-

Special attention should be given to the old cases and the Courts should be asked to decide these cases by taking on fast track and hearing on daily basis. The Hon’ble Chief Justice asked the Chief Justices of the High Courts to take the Bar in confidence and request them to assist the Courts in quick disposal of cases.

Implementation status of recommendations regarding allocation of funds for strengthening the District Judiciary in terms of human resource and infrastructure was also reviewed and directions were issued to the concerned authorities for implementation of its earlier recommendations and immediate increase in the number of judicial officers to cope with the challenges of ever increasing litigation.

Statistics of revenue / fiscal cases pending in Superior Courts and Special Tribunals across the country was also reviewed and directions were issued to the High Courts to decide the cases on fast track. The Committee also observed that the performance of state counsel representing Federal Board of Revenue (FBR) is not up to the mark, therefore, it was directed that the concerned authorities may appoint competent persons to defend the State interest involving billions of rupees.

The Committee observed that shortage of Judicial Officers and Judges is also one of the causes hindering the expeditious disposal of cases. Therefore, the Committee


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asked the High Courts to initiate recruitment process against all vacant posts of Judicial Officers/Judges and it must be completed as early as possible.

The Committee observed that conducting elections in a free and fair manner is the foremost responsibility of the Election Commission of Pakistan but as it does not have all the resources to conduct elections without involving other agencies; therefore, keeping in view the national interest and desires of the stakeholders, the Committee considered the request at length and after deliberation allowed deployment of Judicial Officers in the General Elections 2013.

The Committee took serious notice of prevailing law and order situation and terrorist attacks on Judicial Officers and asked the Provincial Governments to take all possible measures for protection of Judicial Officers enabling them to perform their duties in a free and fair manner.

The Committee also took serious note of deterioration in the quality of investigation of criminal cases and resolved that the investigation should be entrusted to competent and qualified officers and while doing so it should be ensured that a reasonable number of cases should be assigned to one Investigating Officer so that each case should be properly investigated.

The Committee also observed that the investigation of criminal cases are transferred to one or the other officers arbitrarily which not only damage the cases but also hamper the dispensation of justice; therefore, the Committee recommended that investigation of cases should not be transferred unless extraordinary circumstances warrant so. The Committee also recommended that the Provincial Governments should take measures for training and capacity building of Investigation Officers.

Police usually avoid registration of FIRs even in cognizable offences to show low crime rate. The Committee condemned


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this practice and asked the concerned authorities to issue directions to all the Station House Officers that if a cognizable offence is reported to them they should immediately lodge an FIR and in case of non compliance he should be taken to task.

The Hon’ble Chief Justice of Pakistan took strong note on delay in submission of challan and directed that statutory period for submission of challan must be followed in letter and spirit.

The Committee observed that in certain cases the criminals are extorting money from citizens/business community by compelling them to send extortion money through money transfer schemes launched by the cellular companies. The Committee asked the concerned authorities to monitor the affairs of such companies and make it compulsory for the cellular companies to maintain biometric record of money sender and recipient.

Production of under trial prisoners before Courts for remand is a statutory right of every prisoner and this right should not be compromised at any cost. The Committee desired that in each district at least one Magistrate should be designated to visit jails and grant remand of the prisoners who could not be produced before Court for any reason.

The Committee reiterated that it is the obligation of the State to ensure inexpensive and expeditious justice under Article 37(d) of the Constitution; therefore, the government should honor the recommendations of this apex body and immediately increase the number of judicial officers to cope with the challenges of ever increasing litigation.

The Hon’ble Chairman suggested for installation of unified integrated system for provision of standardized information to the users. The Committee principally agreed with the proposal.

The Government should take steps to appoint independent

Justice of Peace rather than the Sessions Judges.


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The Lahore High Court may relax the condition of practical

experience to provide chance to the fresh graduates for

competing against the post of Civil Judges/Judicial Magistrates.

The District Courts Islamabad should be housed in secure and

gated premises so that courts could perform their functions in a

safe environment.

Cells may be established in all the High Courts to address the

grievances of overseas Pakistanis.

The Government may consider desirability of establishment of

separate Police Stations preferably at Divisional level to

address the complaints of expatriate Pakistanis.

A judicial officer may with the permission of Administrative

Committee of the respective High Court join the Law Division/

Law Departments only subject to the condition that he/she

shall quit the judiciary and from then onwards he/she would

not be in judicial service.

Since the Special Courts/Tribunals are performing judicial functions, therefore, data of cases from all such Courts/Tribunals may also be requisitioned for placing before the Committee.

The Committee directed that in future conviction and acquittal rate for criminal cases may also be presented before the Committee.

The Committee resolved that in future such statistics of actually

tried cases including cases disposed of on compromise should

be presented for analyzing true picture of ratio of acquittal and

conviction of accused person on merit.

The Committee recommended to the Government of AJ&K for

allotment of other suitable land for construction of buildings of

Supreme Court and High Court of AJ&K followed by allocation of


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additional funds for construction of the buildings. The

Committee recommended to the Government of Pakistan for

allocation of additional funds for strengthening the District

Judiciary of AJ&K.

The Hon’ble Chief Judge, Gilgit-Baltistan stated that the Chief

Court of Gilgit-Baltistan was after establishment in 1994

accommodated in the building of Provincial Government which

has deficient rooms to cater the requirement of the Court.

However, despite lapse of many years no efforts were made to

construct exquisite and spacious buildings for Superior

Judiciary of the region. The Hon’ble Chairman asked the

Registrar, Supreme Court of Pakistan to take up the matter with

the concerned authorities as a special case for resolving the

issues of human resource and infrastructure of Gilgit-Baltistan

Judiciary.

During the course of discussion, the Committee observed that in

Provinces the posts of Assistant Advocate Generals and

Additional Advocate Generals are being filled on contract basis

and there is dire need to make appointment on permanent

basis on some posts. Accordingly, the Committee recommended

that some posts of Assistant Advocate Generals and Additional

Advocate Generals may be reserved for District Attorneys to be

filled on permanent basis.

4.2 Construction of Model Jail for Islamabad.

The Committee in its meetings from time to time also reviewed the status of construction of new jail for Islamabad. The Committee was informed that the Finance Division, Government of Pakistan has released an amount of Rs.720 Million for acquiring land and that a piece of land measuring 90 acres (720 Kanals) has been earmarked for the purpose in sector H-16 and to avoid encroachment thereon restraint orders under 144 Cr.P.C have also been imposed in the area. The


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Committee was informed that after release of funds and allocation of land the next step would be the preparation and approval of PC-II i.e. the design of jail. The Committee appreciated the Hon’ble Mr. Justice Agha Rafiq Ahmed Khan, Chief Justice Federal Shariat Court for pursuing the Project and desired that the proposed Model Jail should be of an international standard having maximum necessary facilities.

4.3 Monthly inspection report of Jails.

Pursuant to the dictates of National Judicial Policy, 2009 and directions of National Judicial (Policy Making) Committee, the District & Sessions Judges and Additional District & Sessions Judges are visiting jails on fortnightly basis to physically analyze the living condition in jails and entertain the complaints of the prisoners. Copies of reports of such visits are also forwarded to this Secretariat for information. The problems highlighted in the reports are placed before the NJPMC for issuance of appropriate orders/directions which are conveyed to the concerned quarters for corrective measures. In some Jail Inspection Reports received during the period problems of different nature like; shortage of jail staff, medicines, poor infrastructure, non-availability of water, non-production of under trial prisoners in courts etc, highlighted in the reports were placed before the Committee. The Committee took strong exception to the violation of Prisons Rules and sorry state of fairs and directed that the problems highlighted be conveyed to the concerned Inspectors General Prisons for immediate corrective measures. 4.4 Establishment of Green Benches in the Superior Courts

The Committee was informed that International Judges Conference on Environmental Law was held in Bhurban on 24-25 March, 2012, under the auspices of the Supreme Court of Pakistan, in collaboration with the Asian Development Bank (ADB), United Nations Environment Program (UNEP) and the International Union for Conservation of Nature (IUCN) which was presided over by the Hon’ble Chief Justice of Pakistan/ Chairman NJPMC. In his concluding remarks, besides other, his Lordship recommended constitution of green benches at all levels of judiciary for better dispensation of justice. After exhaustive discussion


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the Conference adopted a resolution called as Bhurban declaration, 2012 which provides, inter alia, for the establishment of green benches in the courts. Pursuant to the above green benches have been constituted in the Supreme Court and High Courts to deal with cases relatd to environment. The Hon’ble Chairman appreciated the efforts of High Courts regarding establishment of green benches and hoped that this step would pave way for swift and better dispensation of environmental justice.

4.5 Designing Courses for Judicial Academies on Intellectual

Property Laws

In the International Judicial Conference, 2011, a thematic group focused its deliberations on “Intellectual Property Laws: Effectiveness and Implementation”. The group was chaired by Hon’ble Mr. Justice Shakirullah Jan. The recommendations of the said Group of the Conference were considered by the National Judicial (Policy Making) Committee in its meeting held on 21st May, 2011 and it was observed that effective implementation of intellectual property laws is critical for competitive economy in the backdrop of ongoing globalization and there is also a dire need not only for creating awareness about the concept of intellectual property rights but as to how these laws could be implemented effectively. After deliberations a Committee comprising of Hon’ble Mr. Justice Shakirullah Jan, Judge Supreme Court of Pakistan and Mr. Justice Farrukh Irfan Khan, Judge Lahore High Court was constituted to design course for Federal and Provincial Judicial Academies on Intellectual Property Laws. The Committee after exhaustive deliberations designed the subject course modules which were presented before the Committee in its meeting held on 27-28 April, 2012. After having gone through the contents of the proposed modules, the Committee unanimously approved the proposed modules and decided to forward the same to the judicial academies for incorporation in their calendars of training.


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4.6 Issue of Suckling Babies Residing in Jail

The issue of suckling babies residing with their mothers in jails came under consideration of the Committee from time to time. The Committee observed that the suckling babies are innocent but due to hard luck are suffering agonies of detention. The Committee observed that the Supreme Court of Pakistan in a case titled Mst. Nusrat vs State (1996 SCMR 973) has already enunciated principles for dealing with the cases of such women. Therefore, the Courts should follow the said principles while deciding their cases. The Committee asked the High Courts to issue directions to all the criminal courts that the cases of such women may be kept on fast track for early disposal. The Chief Justice of Pakistan/Chairman, NJPMC directed that the provincial governments should be asked to take immediate steps for welfare of all such children so that they may be reintegrated in the society as law abiding citizens.


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5. The M.I.S Wing of the Law and Justice Commission of Pakistan

The M.I.S wing headed by the M.I.S Manager comprises of two

Computer Programmers and a Computer Operator. Besides the routine

activities, the M.I.S wing acts as a data collection centre for the National

Judicial (Policy Making) Committee where data is collected from all the

stakeholders of justice sector (i.e. Superior Courts, District Judiciary,

Special Courts & Administrative Tribunals, Police, Prosecution, Prison

and other departments). It is the responsibility of the MIS Wing to

collect data and compile the annual report on the performance of

Special Courts and Administrative Tribunals and a report on the

performance of the superior courts and district judiciary i.e. the Judicial

Statistics of Pakistan. The M.I.S Wing has also to perform some other

miscellaneous responsibilities during the Workshops and International

Judicial Conferences arranged by the Law and Justice Commission of

Pakistan.


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6. Access to Justice Development Fund (AJDF)

6.1 Overview:

The Government of Pakistan has established a statutory endowment “Access to Justice Development Fund (AJDF)” with a view to address the issue of chronic budgetary constraints facing the judicial and legal sectors in Pakistan. AJDF is a demand-driven expenditure characterized by a unique funding mechanism to sustain and deepen reforms in the justice sector and strengthen the professional functionality of the courts and its service delivery component and legal empowerment. The principal amount of Rs. 1421 million is non consumable and meant for investment in the Government approved investment schemes to generate income to meet the purposes of the AJDF. The objective of the AJDF is to support activities/ projects that are aimed at providing access to justice to the poor and downtrodden segment of population and strengthen the capacity of justice system.

6.2 Access to Justice Development Fund Governance Structure

The Access to Justice Development Fund is located in the Law and Justice Commission of Pakistan (LJCP), which provides secretarial support to AJDF. LJCP has constituted a Governing Body (GB) with a mandate to manage and administer the affairs of the Fund. The Governing Body is headed by the Chief Justice of Pakistan with the Chief Justices of the High Courts, the Secretary, Ministry of Finance, the Secretary, Ministry of Law , Justice & Human Rights and the Secretary, Law and Justice Commission of Pakistan, as Members. The Governing Body approves allocation of earned profit to the respective windows; budgeting project proposals recommended by Technical Evaluation Committee (TEC) and administer all affairs of the fund. In addition to the Governing Body, the Technical Evaluation Committee (TEC) ensures evaluation of the technically sound project proposals received from various stakeholders related to Legal awareness, environment, research and innovation in legal education. The Technical Evaluation Committee comprises of Secretary, LJCP and one member from each province nominated by the Chief Justice of Pakistan. It has


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the responsibility of examining, reviewing and evaluating project proposals.

6.3 Access to Justice Development Fund Management

The Law and Justice Commission of Pakistan has been mandate to appoint staff to maintain books of accounts, cash books, ledgers, assets and liabilities, seal of the Fund, the cheque books, investments, expenditures, audit and other AJDF records. The accounts are maintained in accordance with the manners and forms prescribed by the Auditor General of Pakistan.

6.4 Access to Justice Development Fund Operational Framework

AJDF Comprises of seven windows to support the activities in the areas of Legal/Judicial Research, Legal Empowerment, Judicial training, Institutional Development of subordinate Courts, promoting innovations in legal education and supporting the underdeveloped areas/regions. The names and specified shares of windows and sub windows are given below:

a) Provincial Judicial Development Fund Window/Subordinate Courts Window (60.30%)

It has the highest share which aims to meet the automation, court infrastructure, amenities to the litigants and performance based needs and incentives for the subordinate judiciary.

b) Legal Empowerment Window (13.50%)

i. Legal Empowerment 70% of 13.5% ii. District Legal Empowerment 30% of 13.5%

Committee (DLEC).

The objectives of this window are to support initiatives such as clinical legal aid to clients affected by violation of their fundamental rights especially on matters concerned with criminal justice, representation in public interest litigation, public awareness & legal literacy campaigns and awareness on environmental laws.


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c) Federal Judicial Academy Window (4.50%)

This window aims to improve the quality of judicial training and education of the judicial officers and other court staff which are not covered under regular budget. Funds allocated to FJA will be utilized to enhance the efficiency of the courts by upgrading the skills of existing and fresh entrants to the judicial cadre. The purposes of this window include training programs, development of new courses, training and education for non-judicial personnel.

d) Legal Innovation Window (4.50%) The Funds for Innovations in Legal Education encourages

innovation in teaching of legal education & development of curriculum, improvement in the system of examination and improving the standards of legal education.

e) Judicial and Legal Research window (4.50%)

The Judicial and Legal Research Fund provides resources for promotion of legal and judicial research aimed at uniform policy making as well as improving the delivery of judicial/legal services and quality of judgments.

f) Under Developed Area Window (10%)

Funds for underdeveloped area/region aim for promotion of legal empowerment, legal innovations, strengthening subordinate court infrastructure in the under-developed areas/regions of the country.

g) Fund Management Window (2.7%)

The objective of this window is to cover the operational expenses of investment, entertainment and meeting expenses of the Governing Body & Technical Evaluation Committee.


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6.5 The AJDF Annual Report for the Year 2012 6.6 Meeting of the Governing Body, AJDF:

A meeting of the Governing Body, AJDF was held on the 7th of January, 2012 wherein it was observed that by establishing the Access to Justice Development fund, it is ensured that the genuine requirements of the District Judiciary are met and legal aid and assistance is made available to the indigent people who cannot pursue their rights in the Court of law. It was further emphasized to ensure that the allocated funds are utilized for strengthening the capacity of district judiciary in terms of infrastructure, court related conveniences and amenities to the litigants and clinical aid to clients affected by violation of their fundamental rights.

The Governing Body, also approved projects of the following organizations/individuals for funding from the Access to Justice Development Fund.

Legal Empowerment Fund Window:

1 Good Thinkers Organization (GTO), Qasur 2 National Development Organization, (NDO), Kashmore, Sindh 3 Sindh Community Foundation (SCF), Hyderabad 4 Community Development Program (CDP), Bannu 5 Community Development Organization (CDO), Bannu 6 Youth Resource Centre (YRC), Peshawar 7 Basic Integrated Rural Development Society (BIRDS), Nowshera 8 Balochistan Boy Scouts Association (BBSA), Quetta 9 Today’s Women Organization (TWO), Quetta

Legal and Judicial Research Window: 1 Ms. Afshan Zia (Individual), Karachi

Fund for Innovation in Legal Education Window: 1 Ms. Saima Amin Khawaja, Lahore

In addition, the GB approved the role of Law and Justice Commission of Pakistan in promotion of legal awareness, particularly of vulnerable groups, by sponsoring projects of legal empowerment and provision of


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legal aid under the Access to Justice Development Fund was appreciated. In addition approving accounts of the AJDF for the financial year 2010-11, the Governing Body also approved the amount recommended by TEC for the District Legal Empowerment Committees (DLECs). The Governing Body also approved to launch the 6th phase of AJDF for inviting the project proposals.

6.7 Meeting of the Technical Evaluation Committee (TEC):

A Meeting of the Technical Evaluation Committee (TEC) was held on December 10, 2012. The Committee scrutinized and examined the project proposals received in the 7th Phase of the AJDF. A total of 143 proposals were received for funding and after scrutiny and evaluating the same in terms and viability, objectivity and sustainability recommended 12 proposals for funding from Legal Empowerment Fund (LEF) Window and one proposal from Legal Innovation Window.

6.8 The AJDF Annual Report for the Year 2013

6.9 Meeting of the Governing Body, AJDF:

A meeting of the Governing Body, AJDF was held at Supreme Court of Pakistan, Islamabad on March 16, 2013, under the Chairmanship of the Hon’ble Chief Justice of Pakistan which approved annual accounts of AJDF for Financial Year 2011-12 stating the current profit earned on investment in Government approved schemes amounting to Rs.149,690,750/-. The Governing Body, AJDF also approved the budget and expenditure for Fund Management Window (FMW) for the financial year 2012-13. It was also resolved by the Committee that due share of the provincial High Courts may be released from the profit earned subject to submission of utilization status up to 80% of released amount along with documentary evidences i.e. bills / vouchers. The Governing Body, AJDF also accorded approval for the release of Rs.200,000/- each to the remaining 78-Ditsirct Legal Empowerment Committees (DLECs) in four provinces.

Under the Legal Empowerment Window 35 projects have been completed and an amount of Rs. 32.07 million has been released to the NGOs / individuals and institutions for the provision of clinical legal aid to clients affected violations of fundamental rights, clinical legal aid to


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clients affected by violation of their fundamental rights by the executive, especially on matters concerned with criminal justice; representation in public interest litigation; public awareness and legal literacy campaigns; and awareness on environmental laws. In addition an amount of Rs.3.03 million was released to 12 NGOs currently working in different districts of the country for providing legal aid and awareness to deprived segment of society.

District Legal Empowerment Committees (DLECs) have become operationalized in every district of the country and an amount of Rs.15.6 million was released to 78-Committees in 2012-13 whereas remaining 25-Committees were funded in 2011-12.

An amount of Rs.380.08 million has been released so far to the Provincial High Courts under Provincial Judicial Development Fund (PJDF) window of AJDF for strengthening infrastructure and providing Court related conveniences and amenities to litigants of the subordinate courts.

6.10 Meeting of the Technical Evaluation Committee (TEC)

The TEC in its meeting held on August 26, 2013 scrutinized and examined the project proposals received in the 8th Phase of the AJDF. The Committee examined and after evaluating the same in terms of viability, objectivity and sustainability recommended 09 proposals for funding from Legal Empowerment Fund (LEF) window, 02 proposals from Judicial and Legal Research window (JLRW) and 01 from Legal Innovation Window. In addition, the Committee deferred 02-proposals for want of clarifications regarding revision in proposed activities, budget, project team and duration.

6.11 Meeting of the Governing Body, AJDF A meeting of the Governing Body, AJDF was held at Supreme Court of Pakistan, Islamabad on September 08, 2013 under the Chairmanship of the Hon’ble Chief Justice of Pakistan wherein annual accounts of AJDF for Financial Year 2012-13 stating the current profit amounting to Rs.252.87/- million earned by investing in Government approved securities/ schemes such as Market Treasury Bills (MTBs), Pakistan


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Investment Bonds (PIBs) and Term Deposit Receipts (TDRs). The Governing Body, AJDF also approved the budget and expenditure for Fund Management Window (FMW) for the financial year 2013-14. The Governing Body also accorded approval of the “Training Program for Judges and Lawyers” along with budget estimates submitted by the august High Courts and directed that such training sessions must be conducted through the respective Federal and provincial Judicial Academies.

The Governing Body, AJDF was also briefed by the Director General, Federal Judicial Academy (FJA), Islamabad regarding the project titled “Mobile Training for Judicial Officers under AJDF”. After deliberations, the Governing Body directed the Director General, FJA to prepare a comprehensive manual either by outsourcing or hiring consultants for using in the proposed mobile training program.

The Governing Body also considered the proposal initiated by the LJCP Secretariat for holding one day workshop for awareness of Prisoners’ Rights through AJDF. The Governing Body observed that the prisons being an important component of criminal justice system play crucial role in the rehabilitation and social integration of offenders and approved the proposal of holding one day workshop and allocated Rs.2.00 million for the same from Legal Empowerment Fund window of AJDF.

6.12 Disbursements made during the Year

(a) Provincial Judicial Development Fund: (PJDF)

An amount of Rs.380.08 million has been released so far to the Provincial High Courts under the Provincial Judicial Development Fund (PJDF) window of AJDF for strengthening infrastructure and providing Court related conveniences and amenities to litigants.

(b) Legal Empowerment Window: (LEF)

An amount of Rs.3.97 million has been disbursed to different NGOs / individuals and institutions during the financial year 2013-14 for the provision of clinical legal aid to clients affected violations of fundamental rights by


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the executive, especially on matters concerned with criminal justice, representation in public interest litigation, public awareness and legal literacy campaigns and awareness on environmental laws District Legal Empowerment Committees (DLECs) have become operationalized in every district of the country and an amount of Rs.16.4 million was released to DLECs during the period under reference.

(c) Legal Innovations Window:

An amount of Rs.4.857/- million has been disbursed to different researchers and institutions for working on innovations in teaching of legal education and development of curriculum for improving the standard of legal education. A part of the amount was also disbursed against the proposals received from the Federal Judicial Academy, Islamabad for the training of lawyers of Rawalpindi Bar Associations and High Court Bar Association, Rawalpindi. The august High Courts conducted “Training of Judges and Lawyers” which was also funded through FILE.

(d) Underdeveloped Area Window: (UDR)

An amount of Rs. 71.96/- million was released to the Provincial High Courts against their proposals received for improving the standard of the subordinate courts in the identified underdeveloped districts.

6.13 The AJDF Annual Report for the Year 2014

6.14 Training of Judges and Lawyers at Provincial Judicial

Academies:

In continuation of the directions of Governing Body, AJDF, trainings of

Judges & Lawyers in supervision of Provincial High Courts, were held in

the provincial High Courts. The trainings were held in the Provincial


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Judicial Academies and an amount of Rs. 10 million was released to

Provincial High Courts.

6.15 Disbursements made during the period

During the Financial Year under reference, following disbursements

were made:

(a) Provincial Judicial Development Fund: (PJDF)

An amount of Rs. 380.08 million has been released so far to

the Provincial High Courts under Provincial Judicial

Development Fund (PJDF) window of AJDF for strengthening

infrastructure and providing Court related conveniences and

amenities to litigants.

(b) Legal Empowerment Fund Window: (LEF)

An amount of Rs. 2.14 million has been disbursed to different

NGOs/ individuals and institutions during the financial year

for the provision of clinical legal aid to clients affected by

violations of fundamental rights, by the executive, especially

on matters concerned with criminal justice; representation in

public interest litigation; public awareness and legal literacy

campaigns; and awareness on environmental laws.

(c) Fund for Innovations in Legal Education: (FILE)

An amount of Rs. 9.62 million has been disbursed to different

researchers and institutions for working on the innovations

in teaching of legal education and development of curriculum

for improving the standard of legal education. A part of the

amount was also disbursed against the proposals received

from the Federal Judicial Academy, Islamabad for the training

of lawyers of Rawalpindi Bar Associations and High Court Bar

Association, Rawalpindi. The august High Courts conducted


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“Training of Judges and Lawyers” which was also funded

through FILE.

(d) Underdeveloped Areas/Regions: (UDR)

An amount of Rs.71.96/- million was released to the

Provincial High Courts against their proposals received for

improving the standard of the subordinate courts in the

identified underdeveloped districts.


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7. International Judicial Conferences & Workshops:

7.1 International Judicial Conference, 2012

Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan/ Chairman, NJPMC with

Mr. Justice Mian Shakirullah Jan, Chairman Organizing Committee

The International Judicial Conference, 2012 was organized by the Law and Justice Commission of Pakistan under the auspices of the National Judicial (Policy Making) Committee (NJPMC) on 13-15 April, 2012. The inaugural and concluding sessions were held in the Auditorium of the Supreme Court of Pakistan, Islamabad; whereas, plenary sessions were held on 14th April 2012 at Marriott Hotel, Islamabad. The organization of Conferences is a recurring annual event aimed to provide a forum for the judges, lawyers and other stakeholders of justice system to share their opinions and experiences and most importantly, to evolve strategies for improving the process of dispensation of justice in Pakistan.


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Distinguished international legal luminaries, researchers and academia were also invited from different countries to provide an opportunity to the national participant for interaction to gain not only an insight into international perspectives on various topics of the Conference but also to enhance their understanding of common concerns in the administration of Justice throughout the world.

The Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan/ Chairman NJPMC, inaugurated the Conference. On second day of the Conference, the participants were assembled in eight thematic groups headed by either Judges of the Supreme Court or Chief Justices of the High Courts to consider on the following topics for discussion.

(i) Role of Judiciary in Promotion of a Culture of Tolerance;

(ii) Terrorism and Money Laundering;

(iii) The Role of Judiciary in Good Governance;

(iv) Alternate Dispute Resolution and International Arbitration;

(v) Judicial Education;

(vi) Parental Child Abduction and Transnational Jurisdiction;

(vii) Environmental Law and Public Interest Litigation;

(viii) Gender Bias and Issues of Judicial Empathy;

After discussion, each group formulated recommendations which were presented in the concluding session by the Chairperson of the respective group for approval of the Session. On the basis of said recommendations a Conference Declaration was prepared which was adopted by the participants as Islamabad Deceleration, 2012.


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7.2 Islamabad Declaration (2012)

The delegates of this International Judicial Conference 2012 re-affirm their resolve to adhere to the time-honored adage that “There is one law for all, namely the law which governs all laws, the law of our Creator, the law of humanity, justice, equity---the law of nature and of nations.”

Keeping this in mind, the further declarations of this Conference are as follows: In respect of the Role of the Judiciary in the Promotion of a Culture of Tolerance, it is declared that all stakeholders may work together towards instilling the principles of the Rule of Law in Pakistan. It is recognized that Pakistan requires an objective mechanism to measure its adherence to the rule of law and it is declared that the World Justice Project’s Rule of Law Index and the Framework for Court Excellence be utilized in this regard. Given that the Judiciary must operate free from actual or perceived influence. It is declared that no other branch of government should be allowed to exercise either direct or indirect control over critical inputs of the Courts. It is declared that the effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities. Courts must continue to decide cases on merits in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively. It is fundamental that honest and dedicated persons who share a strong commitment to the dispensation of justice be appointed as judges. It is further recommended that all authorities act in support of the Supreme Court in accordance with Article 190 of the Constitution. It is imperative to enforce the fundamental rights of the people of Pakistan as encapsulated in Articles 9 to 28 of the Constitution, in particular in light of Articles 37 and 38 which provide guidelines for the promotion of social justice, eradication of social evils and social and economic well-being of the people.

Edmund Burke (1720-1797)


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On the subject of Terrorism and Money Laundering, it is hereby declared that both Terrorism and Money Laundering constitute grave threat to civilized nations throughout the world. Pakistani laws dealing with these issues may be brought in conformity with international standards as well as Pakistan’s commitments under various international legal obligations. It is further declared that all relevant bodies such as law enforcement agencies, prosecutors and presiding officers of the trial courts etc., be provided the necessary training and capacity building in dealing with these offences. And that, hawala/hundi transactions to be discouraged including over-invoicing and under-invoicing through effective mechanisms of regulating with surveillance. It is also emphasized that Pakistan should seek to strengthen its Mutual Legal Assistance arrangements with various countries to ensure better coordination, information-sharing, timely and effective provision of support from the relevant law enforcement agencies operating in different countries. On the subject of the Role of the Judiciary in Good Governance, it is hereby declared that good governance in advanced societies depends on strong and well entrenched institutions, it is recommended that the judiciary being a fundamental organ of the state governs itself more effectively and efficiently. It is recommended that the judiciary recognizes that its primary duty lies in interpreting and implementing laws and not in the governance of society which may come about only as an ancillary effect of its decisions. It is further recommended that the superior courts articulate a consistent and clearly defined doctrine of judicial review so that depending on the nature and context of the rights involved, relevant standards of review may be applied. It is also important that the judiciary exercises judicial restraint so that it may not be perceived as excessively encroaching upon the roles and functions of the coordinate branches of the government. It is also proposed that a Code of Conduct may be devised for judicial officers and also be strictly enforced. In dealing with complex commercial issues it is suggested that the judiciary relies on and utilizes expert knowledge and opinion so that a more informed verdict may be reached. Finally, it is recommended that the judiciary recognizes the


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role of quasi judicial bodies in the administration of justice and actively promotes and facilitates their functioning.

On the subject of Alternate Dispute Resolution, it is hereby declared that the Bar should encourage advocates to participate in the mediation process and should recognize that ADR is not a threat to lawyers’ incomes but in fact an opportunity to expand their businesses. It was further recommended that ADR provisions of section 89A of the Code of Civil Procedure 1908, which are only optional at present, may be made mandatory in all civil proceedings. It was also proposed that to encourage parties to opt for mediation, effective cost sanctions be imposed at all stages in litigation proceedings and the cost ceilings presently in force by the High Court rules be removed. With respect to establishment of ADR centers, it was suggested that as a first step, an MOU may be entered into between the Federal Judicial Academy and Karachi Centre for Dispute Resolution so that the FJA may avail of the services of KCDR’s faculty to train judicial officers in Mediation. To study the progress of ADR and to further devise policies for its promotion as a viable alternative to litigation, it is proposed that data regarding ADR cases may be tracked and analyzed particularly the cases decided by court mediation. It is finally recommended that ADR be introduced as an academic subject not only in law schools but also in institutions imparting business studies. On the subject of International Arbitration, it is hereby declared that the recent enactment of New York Convention 1958 and the ICSID Convention 1966 in Pakistan is a welcome step, which would help attract more foreign investment in the country. It is highly recommended that these international treaty obligations be fully respected and implemented by the courts, both as a matter of rule of law but also to avoid adverse and unintended consequences under the relevant international law regimes. On the subject of Judicial Education, it is hereby declared that Judicial Education should be re-focused on its most important objective which is sensitizing judges and other associated professionals to the pain of the litigants and instilling in them respect for popular wisdom. For the


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furtherance of this purpose, it is recommended that Judicial Academies impart to the judges not only knowledge of substantive law but also the skills most necessary and commonly used in their judicial work. It is further suggested that the time allotted for training in judicial academies also be increased, while the training itself be based on formal national standards of judicial education. It is also recommended that these Academies offer periodic refresher courses to enhance the capacity of judges and support staff. Finally, it is emphasized that the National Judicial Policy 2009 may not be interpreted as barring serving judges from getting posted in the Judicial Academies as teaching faculty. On the subject of Parental Child Abduction and Transnational Jurisdiction, it is hereby declared that cogent steps be taken to improve the efficiency of the UK-Pakistan Judicial Protocol on Child Abduction signed in 2003. More importantly, it is recommended that Government of Pakistan may strongly consider entering into treaties with countries to give effect to judgments in foreign jurisdictions. To ensure effective dispensation it is imperative to establish dedicated special benches at provincial levels, along with inter-agency steering committees, focused primarily on issues of parental child abduction. Another possible mode may be to encourage the establishment of centers of help or NGOs which are specialized in the particular needs of both parents and children threatened by the prospect or suffering from the reality of child abduction in any of its forms. Finally it is recommended that dispute resolution mechanisms, such as mediation, be employed in resolving cases of child abduction. On the subject of Environmental Law & Public Interest Litigation, it is hereby declared that the Bhurban Environmental Declaration-2012 is fully endorsed and it is agreed that information on environmental challenges and legal issues and best practices be disseminated. It is further recommended that specialized environmental tribunals be strengthened and environmental training be provided. It is also important to ensure that judicial decisions on environmental cases be made available publically and promptly implemented while law schools should be encouraged to include environmental law in their curriculum and furthermore environmental law training be provided to judges and


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lawyers. It is also declared that a system to recognize exceptional contribution by judges and environmentalists be established and green benches with strong infrastructure of technical expertise be established and strengthened. Finally it is declared that in environmental and PIL cases the delinquent officers be penalized or burdened with costs in addition to the main relief. On the subject of Gender Bias and Judicial Empathy, it is hereby declared that a Judicial Commission on Gender Equality and Judicial Empathy be established. Judges, court staff and counsel be required to undergo training and capacity building through judicial academies on issues of gender bias and judicial empathy. A code of conduct on gender sensitivities be devised for all who are associated with the judicial system. In order to create wider awareness subjects relating to gender sensitivities and judicial empathy be included in the curriculum of law schools.

(Note: The declaration was read out by the Hon’ble Chief Justice of

Pakistan at the end of his concluding address and adopted unopposed by

all present).


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7.3 International Judicial Conference, 2013

Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan/Chairman National Judicial (Policy Making) Committee with Mr. Justice Tassaduq Hussain Jillani, Chairman Organizing Committee

The International Judicial Conference, 2013 was held on 19-21 April, 2013 in the Supreme Court Building, Islamabad. A large number of national and international luminaries in law, researchers and legal academia attended the Conference to share thoughts, experiences, knowledge and evolve strategies to address the problems faced by the judicial system. Nine thematic groups were formed for formulating their recommendations for reforms on following nine topics which were chaired by the Judges of the Supreme Court of Pakistan.

I) Role of Judiciary in the Developing World

II) The Rule of Law and International Peace

III) Terrorism and Money Laundering


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IV) Public Interest Litigation: a Tool to Protect Fundamental Rights

V) The Role of Judiciary in Consumer Protection

VI) Legal and Judicial Education

VII) Alternate Dispute Resolution

VIII) Parental Child Abduction and Transnational Jurisdiction

IX) Cyber Crimes

At the end of working sessions each group formulated resolution which was read over by the Chairperson of respective group in the concluding session. On the basis of each group’s recommendations, a Conference Declaration was drafted which was adopted by the participants as Islamabad Declaration. 7.4 Islamabad Declaration (2013)

Group I on “Role of Judiciary in the Developing World” hereby declares that given that societies progress on the basis of strong and long-lasting institutions and not individuals, it is recommended that the judiciary needs to be strengthened as an institution rather than placing a wholehearted reliance upon the strength of a few individuals. It is further recommended that a clearly defined and structured exercise of suo motu jurisdiction needs to be evolved. It is proposed that the judicial system may be reformed in such a way that majority of the cases are decided in district courts without prospects of endless appeals. It is also proposed that confidence of litigants in the judicial system is restored. It is declared that the judiciary should play an active part in enforcing rule of law which is pivotal in the developing world to counter corruption, infringement of fundamental rights and excesses of state functionaries. It is declared that specialized judicial education should be imparted whereby judicial officers are trained in technological advancements. The view that a legally empowered vibrant civil society conscious of its rights can improve living conditions of the poor is endorsed, hence, renewed efforts are required to inform and educate people on their rights, which they can enforce through


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courts of law. It is highly recommended that the judiciary as a whole should embrace technological advancements and move towards computerization of the entire system so that the mischiefs emanating from the current manual system may be suppressed. Finally, it is recommended that the judiciaries of the developing world must assert themselves vigorously so that constitutional schemes and intents are properly implemented for the betterment of the populations at large. Group II on “The Rule of Law and International Peace” hereby declares that the recognized international principles of rule of law should be implemented in true letter and spirit. Mechanisms should be evolved for dispute resolution amongst the states in a manner which promotes peace. Furthermore, it should be ensured that all states respect, secure and protect human rights irrespective of religion, ethnicity or nationality. Moreover, the Government of Pakistan should initiate and take appropriate steps for revamping and updating of international rules for upholding peace in the international community, particularly, international rules should be devised to regulate and govern robotic and cyber warfare without encroaching upon the sovereignty of states. Lastly, it is important to strengthen cooperation amongst states at the regional and international levels, while dealing with international crimes. Group III on “Terrorism and Money Laundering” hereby declares that the threat of terrorism and money laundering transcends national boundaries of civilized nations and affects the very fabric of any society at large. Terrorism and Money Laundering by their very nature undermine the rule of law; a principle that is cardinal for any society to realize its full potential while ensuring justice everywhere. Pakistan is no exception to the menace of Terrorism and Money Laundering. In fact, it has incurred a heavy cost, both in terms of life and property, while fulfilling its international obligations to counter terrorism being a responsible member of the comity of nations. However, specific legal steps need to be taken to address several areas of concerns, such as, strengthening of anti-terrorism laws, capacity building of stakeholders responsible for prosecuting these offences, mutual legal assistance with various countries for effective prosecution of trans-national organized


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crimes, witness protection, collection of evidence and investigation, etc. It is underlined that the war against terrorism as was commenced in the aftermath of various United Nations Security Council resolutions has now become a fight for our national security and integrity, and the very survival of the state and people of Pakistan. Group IV on “Public Interest Litigation: a Tool to Protect Fundamental Rights” hereby declares that public interest litigation should be recognized as a valid and powerful tool of legal empowerment for the underprivileged sections of society. Awareness needs to be raised amongst the general public about remedies which have become available to them on account of recent developments in this field of law. Public interest litigation should be dealt with in a manner which also affirms the role of other judicial forums. The Supreme Court’s jurisprudence on Article 184(3) of the Constitution be systematically analyzed and crystallized on an ongoing basis. Lastly, it is emphasized that further empirical research needs to be conducted on public interest litigation in Pakistan in order to make popular discourse more informed. Group V on “The Role of Judiciary in Consumer Protection” hereby declares that for the effective protection of consumer rights, equally comprehensive legislation should be enacted across all the provinces with the establishment of Consumer Protection Councils and Consumer Courts thereunder and the enactment of required rules and regulations without further delay. To improve access to justice, Courts should be established at the sub-division level with straightforward procedure under the consumer protection laws that encourage consumers to approach the court and remove deficiencies in the statutes for recording of evidence and execution of decrees. Disparities between different legislation should be removed and the jurisdiction of Consumer Courts enhanced for greater efficacy. Group VI on “Legal and Judicial Education” declares that the judgment passed by the Hon’ble Supreme Court of Pakistan in Pakistan Bar Council v. Federal Government (PLD 2007 Supreme Court 394) must be implemented in letter and spirit by the Universities and


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Colleges of Law, all across Pakistan. There needs to be an integrated legal education system following a uniform curriculum, including optional modules with respect to developing areas of law. The Federal and Provincial Governments should allocate greater resources to the Universities. Judicial academies should prioritise research and publication and undertake Training Needs Assessment (TNA) to ensure effective capacity building of future judges for better dispensation of justice in the future. Group VII on “Alternate Dispute Resolution” hereby declares that the Bench, the Bar and other stakeholders need training on ADR. For this purpose, training programs should be devised by the Bar Councils in collaboration with the Law and Justice Commission, and the Pakistan Bar Council should introduce a course on ADR in the LL.B degree program. An official institute of arbitrators be established so that persons from fields relevant to the matter in dispute are readily available. The “Lok Adalat” system as introduced and developed in India should be examined to see how it can be used for our mutual benefit and the ADR mechanisms already available in the Law should be highlighted and fully enforced. Group VIII on “Parental Child Abduction and Transnational Jurisdiction” hereby declares that in view of the significance of the issue of Parental Child Abduction as well as the sensitivity and compassion required when dealing with such cases a range of social, moral and psychological issues must be considered in addition to legal concerns. In order to prevent parental child abduction final judgments of Family Courts relatable to wrongful transnational movement of children should be enforced by Immigration Agencies. Furthermore, concerned parties should be made aware about the available pro bono and legal aid options within and outside Pakistan to provide relief to aggrieved persons. It is pertinent that legal luminaries, jurists, and other specialists strive to resolve conflict of international laws pertaining transnational child abduction and reach a formal consensus as to the "best interests" of the child among the various jurisdictions. Moreover, it is necessary to carry out a pre-ratification consideration of all aspects of the Hague Convention and possible reservations to


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ratification, as well as ensuring wide circulation of the Pakistan-UK Protocol on Children Matters. It is recommended that the achievements of the Malta Process and the working party on mediation in family law be extended full support and domestically specialist judges be appointed in family courts to deal with such matters. Lastly the recommendations put forth during the International Judicial Conference 2012 being in line with the UN Convention on Rights of Child should be prioritized and implemented promptly. Group IX on “Cyber Crimes” hereby declares that stakeholder draft of the cyber crime bill before the national assembly be immediately enacted and promulgated into law. The government should urgently seek accession to Multilateral Mutual Legal Assistance Treaties including the Convention on Cyber Crime to effectively combat cyber crime. The FIA’s NRC should be institutionalized on a permanent basis and should only include qualified personnel with respect to investigation as well as prosecution of cyber crime. Abuse of cyber crime laws by conflating them with telecom offences and a disproportionate focus on telecom as opposed to true cyber crime which harms the public should cease. Capacity must be built in order to enable collection of digital evidence. Collection should be on-site as opposed to physical seizure and removal of equipment that negatively impacts rights of other users and continuity of legitimate business. Fundamental Rights need to be specially protected in light of the new and unique powers available to investigation agencies at all times ensuring independent judicial supervision.


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7.5 One Day Workshop on “Prisoners Vulnerability – Lacking Awareness”

Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan/Chairman, NJPMC with

Mr. Justice Tassaduq Hussain Jillani Senior Pusine Judge

A one day workshop on Prisoners Vulnerability – Lacking Awareness was organized by the Law and Justice Commission of Pakistan (LJCP) on 2nd November, 2013 at Federal Judicial Academy, H-8/4, Islamabad with the object to provide opportunity to the concerned stakeholders to share their views and experiences for suggesting reforms for the improvement of dilapidated conditions of jails, creating awareness about the rights and privileges of prisoners permissible under the laws, rules and Jail Manual and evolving strategy for their rehabilitation. The Workshop was chaired by the Hon’ble Chief Justice of Pakistan/Chairman, LJCP and was attended by the Judges of the


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Superior Courts including Azad Jammu and Kashmir and Gilgit-Baltistan, District Judiciary, Inspectors General (Prisons), Directors, Reclamation & Probation, Attorney General for Pakistan, the President and office bearers of the Supreme Court Bar Association, representatives of the High Court and District Bar Associations, jurists, Non Official Visitors of jail and members of the civil society. The convicts released after serving sentence and those who have been released on parole were also invited who shared their practical experiences and problems faced by them during their confinement.

After inaugural session, the participants assembled in the following four thematic groups for deliberation on the following themes,-

(1) Rights and privileges of Prisoners (2) Monitoring Prisons – Role of District Judiciary (3) Prisons Reforms – A Dire Need (4) Rehabilitation of Prisoners – Neglected Area

The thematic groups were presided over by the Judges of the Supreme Court of Pakistan and Co-chaired by the Chief Justices of the High Courts and the Chief Justice of Supreme Court of Azad Jammu and Kashmir. The groups after exhaustive deliberations formulated their valuable recommendations for reform of the system of jails which included recommendations pertaining to law reforms, public awareness and of administrative nature. The recommendations were presented by the Chairperson of each Group in the concluding session of the Workshop which were unanimously approved to be called as Islamabad Declaration for Prisoners Rights. The recommendations were forwarded to the concerned quarters for implementation as directed by the NJPMC in its meeting held on 23rd November 2013. The recommendations pertaining to law reforms/ public awareness remained under process in the Secretariat of LJCP for preparation of working papers for law reforms and for preparation of a report in Urdu after translating all the approved papers presented by the participants in the Workshop which has been printed.


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7.6 Recommendations of the Workshop as contained in the Declaration for Prisoners Rights:

(A) Recommendations of Executive Nature:

1- Enforcement of stricter separation of premises, facilities and transportation for male and female prisoners.

2- During jail visits, prisoners should be provided with the opportunity to meet with the visiting Judges in private to enable them to lodge complaints without fear of reaction from prison staff.

3- Establishment of utility stores within prison premises to ensure standardized and subsidized pricing of necessary items and eliminate over pricing and corruption.

4- The concept of ‘suspended sentence’ and ‘release on parole’ must be promoted and expanded. Convicted offender must be afforded an opportunity to demonstrate and establish a sincere effort to reform and a serious inclination for rehabilitation.

5- Lawyers and judges handling criminal cases should be encouraged to spend time in different imprisonment facilities as observers to acquire a deeper understanding of the realities of life in prison and the various issues faced by prisoners.

6- Devise standardized and simplified forms for recording prison inspection reports, as well as appoint High Court level administrative Judges to supervise inspection and compilation of inspection reports.

7- Setting of strict time limits for the various procedures between arrest and court proceedings and increasing the use of non-custodial alternatives, in order to avoid over burdening prisons.


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8- A case fixation and disposal system should be established to ensure that cases are not delayed indefinitely and overcrowding within prisons is reduced.

9- Implementable monitoring and oversight mechanisms be developed to ensure provision of rights available to prisoners in the Rules.

10- Making landline telephone facilities available to prisoners in order to enable the elimination of mobile use within Prison.

11- District Judiciary should be encouraged to visit jails regularly, even on holidays to boost the morale of prisoners and listen to their complaints and depict a willingness of the system to ensure the enforcement of prisoners’ fundamental rights.

12- There must be strict adherence to the laws relating to administration of prisons and their inmates as enunciated by the Prisoners Act 1900 and the Pakistan Prison Rules 1978, also known as the Jail Manual.

13- There needs to be permanence in judicial oversight of prisons. Multiple judges should be involved in overseeing prisons due to the fact that Judges have many commitments and are often transferred and/or elevated. In this regard, the example of the Committee overseeing prisons established by the Sindh High Court could be followed in the rest of the country.

14- The district judiciary should prepare regular monitoring reports detailing their findings, accomplishments and suggestions to duly appointed members of the superior judiciary.

15- Sentence plans should be prepared for prisoners at the beginning of their sentences to ensure that they are gainfully utilized and employed in community-building exercises. This in turn shall reduce the rate of recidivism.


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16- District Judiciary should extend the benefits of the probation and parole to deserving prisoners so that they may be rehabilitated in the community at large.

17- Presently, there is only one institute to train officers and judges with regards to prison administration. This speaks volumes of the lack of entrenched professional training in this field. Therefore, more such institutions need to be established in all four provinces to ensure the welfare of prisoners.

18- The district judiciary should inquire into the incidents where prisoners have not filed appeal on a case to case basis to find out its reasons and arrange legal assistance in appropriate cases to reduce instances of hardened criminals voluntarily going to jail to avoid gang warfare.

19- The judgments, inter alia, in Aslam Khakhi’s Case PLD 2010 FSC 1 and Majeedan Bibi v. State PLJ 1995 Karachi should be followed to enforce the supervision of prisons by the district judiciary.

20- Information technology and training thereof should be dissipated in prisons to increase the efficacy of prison monitoring by the district judiciary.

21- There is an imperative need for trust-building between the superintendents of jails and the district judiciary. These important functionaries of the government need to cooperate to ensure that prisoners are accorded their fundamental rights.

22- The district judiciary should ensure the inspection of barracks, cells, wards, cooked food, jail registers and record compliance of health and hygiene standards and inquire as to whether any prisoner is illegally detained or detained for any undue length of time.


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23- The Bench and Bar should collaborate by inter alia nomination of lawyers by the judiciary to visit prisons as a part of a supervisory judicial role.

24- Grievance boxes should be provided in every prison.

25- Solitary confinement and denial of privileges should not take place without judicial appraisal.

26- There is not a single juvenile and women prison in Baluchistan and Gilgit-Baltistan. Construction of women and juvenile/female juvenile prison at provincial headquarter is a necessity. Further, there exists a serious need of hiring more probation officers for supervising juvenile prisoners during custody. Moreover, old prisoners (60 years old) should either be released or some lenient policy should be devised for them.

27- Imprisonment should only be deprivation of the basic right to liberty and should not restrict other human rights to which the prisoners are entitled as per fundamental rights enshrined in Constitution. Illegal detention should be controlled by making police officials accountable.

28- District judiciary should be made accountable for granting remands mechanically and carelessly. Probation of Offenders Ordinance 1960 should be more often used by the judiciary to release eligible prisoners. Moreover, under-trial prisoners’ issue must be addressed for successfully tackling with the issue of overcrowding.

29- High Security Prisons are necessity due to large number of terrorists captured in recent acts of terrorism.

30- There should be computerized cards for prisoners for entry to control the corruption by prison officials. The political interference in matters of appointments, transfers, postings of prison officials should be avoided.


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31- Basic living facilities such as electricity, clean drinking water, uncontaminated food supplies should be made available in prisons.

32- Professional and vocational trainings for all the prisoners must be arranged in order to enable them to rehabilitate and be gainfully employed on release. There also should be some quota reserved in public sector for this purpose.

33- Comprehensive prevention programmes and evidence based interventions for all prisoners should be designed with regards to HIV-AIDS, Hepatitis B/C, TB and safe practices etc. HIV positive inmates should have access to sustained HIV care programme (with follow up).

34- Doctors and psychologists are needed to be stationed in all jails so as to provide services for physical and mental illness of all prisoners. Drug usage in the prisons should be curbed with ‘zero-tolerance’ by making prison officials accountable.

35- Rehabilitation work requires the provision, under proper supervision, of training in various skills such as crafts and different vocations. This is essential to enable prisoners to regain normal life once released back in society. Such training and educational facilities and assistance is currently being provided by a number of trusts and NGO’s but largely on an ad hoc basis and in an informal and unstructured manner. It is therefore recommended that these efforts be formalized and structured by suitable recognition under existing legislation, especially with reference to the exercise of rule making powers.

36- Some of the existing laws provide for Visiting Committees which are conferred certain powers by statute and the constitution of these committees is left to be determined by rules. The representatives from suitable NGOs and trusts can be inducted onto these committees so that there is a direct involvement of, and input from, these


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bodies with regard to the operation, functioning, control and supervision of different rehabilitation projects that may be launched in the prison system.

37- Although legislative competence with regard to matters relating to prisons and prisoners is a non-enumerated power and is therefore traditionally regarded as falling exclusively in the Provincial domain, such competence also vests in the Federation with regard to the Islamabad Capital Territory. Since there is urgent need to revamp the legislative and regulatory framework as a whole and rework it from the ground up, it is recommended that the Federation take up the burden of this task and, leading by example, initiate an appropriate legislative program for the Islamabad Capital Territory. The Provinces would benefit from such legislation not merely by way of its serving as a model law, but also by its application and effectiveness when actually applied to an actual body of prisoners. The Islamabad Capital Territory can, in other words, serve as a laboratory and testing ground for the benefit of the entire Republic.

38- Recognizing that it is absolutely essential to any meaningful rehabilitation that prisoners be in a suitable physical and psychological environment, it is recommended that urgent attention must be given ensuring that prisons are kept free of all illegal activities including but not limited to such evils as the ready availability of narcotics. For this purpose there needs to be a comprehensive and proper reform of the physical facilities and capacities of the prison system and the manner in which the prisoners are housed, fed, clothed and provided various other facilities such as medical and recreational facilities, and proper psychiatric care.

39- It is also recommended that the existing legislation, especially in respect of parole and probation, needs to be applied in a flexible and dynamic manner with maximum recourse to the rule making power and also taking


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structured and formalized input and assistance from NGOs so that the rehabilitation of prisoners can be conducted and continued outside of the prison environment.

40- Rehabilitation requires different categories and types of prisoners being dealt with differently in accordance with their varying needs. It is therefore recommended that this categorization exercise be given proper recognition and effect. The categories can relate and be based on gender, age, periodicity of offending and seriousness of crime etc. on any combination of these factors. In this way, rather than all manner of different prisoners being lumped together, which may be inimical to rehabilitation efforts, the possibility of rehabilitation success can be maximized.

41- It is recommended that in order to ensure effective interaction between the NGOs, trusts etc working in this area on the one hand, and the state institutions that are currently tasked with this job on the other, such as the prison authorities and probation directorates, a program be urgently launched for the proper training and revamping of the latter, both in general terms and in specialized fields and to improve the facilities and other support structure that is needed by them to do their work.

42- While the recommendations made above seek to cover rehabilitation work at its broadest, the House specially expressed a concern with regard to the right and ability of prisoners to communicate and interact with their families as being essential for their continuing mental health and wellbeing. It is therefore recommended that particular attention be paid to this aspect by providing suitable facilities in this regard, such as dedicated phone booths, etc.


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(B) Law Reforms

1- In order to facilitate standardization of sentences and ensure protection and enforcement of the fundamental rights of prisoners enshrined in Article 25 of the Constitution, sentencing guidelines should be prepared and introduced in Pakistan in all major areas of criminal law.

2- Legislative reforms may be introduced to extend the concessions available under the provisions of Article 10(8) of the Constitution, such as fixation of a reasonable subsistence allowance for the indigent families of offenders, of categories of offences such as trespass, theft and other petty offences. This shall, to a great extent, prevent infliction of hardships upon the convict’s family.

3- Incorporation of United Nations rules and other international conventions on Prisoners within laws of Pakistan, where relevant and appropriate.

4- The prison related laws are outdated and must be brought in line with UN Standard Minimum Rules (SMR) with an emphasis on rehabilitative reforms.

(C) Awareness 1- Synopsis of basic Rights and Privileges of prisoners

should be made available in Urdu, English and regional languages on prison premises, and should be read out to those who are illiterate.

2- Awareness programs should be held on prison premises to educate and enlighten prisoners.

3- The prisoner’s handbook should be prepared in local languages and copies should be circulated among prisoners to create awareness.

4- A one day workshop should be held exclusively in respect of women prisoners in order to enable them to fully, openly and candidly participate in the consideration of the various topics before the four thematic groups.


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8. Reports published by the Commission during the period.

One of the functions of the Law and Justice Commission of Pakistan is to publish the Special Reports, Annual Reports, Reports of Judicial Statistics, Reports of Administrative Tribunals and Special Courts and Reports of the National Judicial Conferences. The purpose of publishing these reports in to make known to the public the performance of Courts/Tribunals to ensure greater transparency and accountability in the judicial system and to make awareness among the people about their rights. During the period, the following reports were prepared/published,-

(i) Report of International Judicial Conference, 2012.

(ii) National Judicial Policy, 2009 (Revised Edition, 2012)

(iii) Annual Report of Law and Justice Commission of Pakistan, 2011.

(iv) Judicial Statistics of Pakistan, 2011.

(v) Report of Administrative Tribunals, 2011.

(vi) Qanoon Fahmi (Urdu) Volume-VI.


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9. List of Approved Reports


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112


113


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112. Amendment in the West Pakistan Industrial and Commercial Employment (Standing Order

Ordinance, 1968.

113. Amendment in the Illegal Dispossession Act, 2005.

114. Consequential Amendments in Laws.

115. Repeal of the Sindh Landing & Wharfage Fees Act, 1882.

116. The Committee Members (Travelling and Daily Allowance) Rules, 2009 and Amendment in

the LJCP Members' T.A/D.A Rules, 1980.

117. Amendment in section 3 and 6 of the Law and Justice Commission of Pakistan Ordinance,

1979.

118. Amendment in Section 3 of the National Judicial (Policy Making) Committee Ordinance,

2002.

119. Rules for Regulating the Functions of District Legal Empowerment Committee (DLECs).

120. Amendment in the Evacuee Trust Properties (Management and Disposal) Act, 1975.

121. Repeal of the Federal Court Act, 1937.

122. Amendment in Pre-emption Law.

123. Proposal to Amend Section 138 of the Negotiable Instruments Act, 1881.

124. Amendment in Rule 11, Chapter 2, Part A (General) of the High Court Rules and Orders

(Civil).

125. Amendment in Vaccination Laws.

126. Repeal of Obsolete and Redundant Legislation.

(i) West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1960.

(ii) West Pakistan Juvenile Smoking Ordinance 1959.

127. Amendment to section 10 of the offences in respect of Banks (Special Courts) Ordinance,

1984.

128. Amendment to section 3 of West Pakistan Maternity Benefit Ordinance, 1958.

129. Amendment to section 489F Pakistan Penal Code, 1860.

130. Amendment to Illegal Dispossession Act, 2005.

131. Amendment to section 19 of the Mental Health Ordinance, 2001


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10. Public Awareness Schemes


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117


118


119


120


121


122


123


124


125


126


127


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129


130


131


132


133


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11. List of the Chairmen of the Law and Justice Commission

of Pakistan

Sr. Name Duration

1. Mr. Justice S. Anwarul Haq 15.11.1979 25.03.1981

2. Mr. Justice Muhammad Haleem 23.03.1981 31.12.1989

3. Mr. Justice Afzal Zullah 01.01.1990 18.04.1993

4. Mr. Justice Dr. Nasim Hasan Shah 17.04.1993 14.04.1994

5. Mr. Justice Saad Saood Jan 15.04.1994 05.06.1994

6. Mr. Justice Sajjad Ali Shah 05.06.1994 02.12.1997

7. Mr. Justice Ajmal Mian 03.12.1997 30.06.1999

8. Mr. Justice Saiduzzaman Siddiqui 01.07.1999 26.01.2000

9. Mr. Justice Irshad Hassan Khan 26.01.2000 06.01.2002

10. Mr. Justice M. Bashir Jehangiri 07.01.2002 31.01.2002

11. Mr. Justice Sh. Riaz Ahmed 01.02.2002 31.12.2003

12. Mr. Justice Nazim Hussain Siddiqui 31.12.2003 29.06.2005

13. Mr. Justice Iftikhar Muhammad Chaudhry 30.06.2005 11.12.2013

14. Mr. Justice Tassaduq Hussain Jillani 12.12.2013 05.07.2014

15. Mr. Justice Nasir-ul-Mulk 06.07.2014 _____


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12. List of the Secretaries of the Law and Justice Commission of Pakistan

Sr. Name Duration

1. Mr. Abdus Salaam Shibli 15.11.1979 26.01.1985

2. Malik Hakam Khan 27.01.1985 15.10.1986

3. Mr. M.A Latif 16.10.1986 07.09.1990

4. Mr. M. Zakaullah 08.09.1990 31.07.1998

5. Dr. Faqir Hussain 01.08.1998 29.01.2011

6. Mr. Habib-ur-Rehman Sheikh 29.01.2011 09.05.2013

7. Raja Akhlaq Hussain 13.05.2013 29.10.2014

8. Mr. Tahir Shahbaz 29.10.2014


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13. List of Officers of the Law and Justice Commission of Pakistan

1. Raja Akhlaq Hussain Secretary [email protected]

2. Mr. Nasrullah Khan Joint Secretary (NJPMC) [email protected]

3. Mr. Jawad Khan Joint Secretary (Admin) [email protected]

4. Ms. Muneera Abbasi, Joint Secretary (Research) [email protected]

5. Mr. Manzoor Ahmed Shaikh Deputy Secretary [email protected]

6. Raja Muhammad Faisal Iftikhar Deputy Secretary (Admin) [email protected]

7. Dr. Muhammad Tahir Deputy Secretary [email protected]

8. Mr. Muhammad Tanveer M.I.S Manager [email protected]

9. Mr. Qasim Aslam Minhas Research Officer [email protected]


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10. Mr. Abdul Nabi Research Officer [email protected]

11. Ms. Ghina-E-Sahar Research Officer [email protected]

12. Mr. Ali Raza Research Officer (Fund) [email protected]

13. Syed Nasir Ali Shah Librarian

14. Mr. Muhammad Ali Computer Programmer [email protected]

15. Ms. Tanveer Badar Jajja Section Officer [email protected]

16. Syed Mughees ul Hassan Computer Programmer [email protected]

17. Mr. Farrukh Javaid Section Officer (Audit/Accounts) [email protected]

18. Malik Arshad Mehmood Assistant Accounts Officer

19. Mr. Murtaza Khan Superintendent

20. Mr. Mukhtiar Ali Shar Computer Operator

[email protected]


139

14. Law Reform Commissions of other Countries:

1. Australian Law Reform Commission Level 40, MLC Tower, 19 Martin Place, Sydney NSW 2000 Postal address: GPO Box 3708, Sydney NSW 2001 Phone: +61 2 8238 6333 Fax: +61 2 8238 6363 URL: http://www.alrc.gov.au

2. Bangladesh Law Reform Commission Old High Court Building, Dhaka 1000, Bangladesh Phone: + 880 2 9559004 Fax: + 880 2 9560843 E-mail: [email protected]

3. Connecticut Law Revision Commission c/o Legislative Commissioners' Office Legislative Office Building, Suite 5500,Hartford, CT 06106-1591 Phone: +1-860-240-8410 Fax: +1-860-240-8414 E-mail: [email protected] URL: www.cga.ct.gov/lrc

4. Fiji Law Reform Commission

Box 2194, Government Buildings, Suva, FIJI Phone: + 679 303 900 Fax: + 679 303 646 E-mail: [email protected] URL: www.lawreform.gov.fj

5. Kenya Law Reform Commission Reinsurance Plaza, 3rd Floor, 4 Taifa Road, P.O. Box 34999-00100, Nairobi Phone: +254 20 2241201 Fax: +254 20 2225786 E-mail: [email protected] URL: www.klrc.go.ke

mailto:[email protected]

http://www.klrc.go.ke/


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6. Law Reform Commission of Hong Kong 20/F Harcourt House, 39 Gloucester Road, Wanchai, Hong Kong Phone: (852) 2528 0472 Fax: (852) 2865 2902 E-mail: [email protected] URL: www.hkreform.gov.hk

7. Malawi Law Commission Filimoni House, Off Africa Unity Avenue, (Next to SAMALA House), Lilongwe, Malawi Postal Address: Malawi Law Commission, Private Bag 373, Lilongwe 3, Malawi Phone:+265 (0) 1 772 822 / 442 / 841 Fax: +265 (0) 1 772 532 E-mail: [email protected] URL: www.lawcom.mw

8. England & Wales Law Commission Steel House, 11 Tothill Street, London SW1H 9LJ Phone: 020 3334 0200 Fax: 020 3334 0201 E-mail: [email protected] URL: lawcommission.gsi.gov.uk

9. Law Commission of India

2nd Floor, The Indian Law Institute Building, (Opp. to Supreme

Court), Bhagwandas Road, New Delhi - 110 001.

Phone: +91 2338 3382 E-Mail: [email protected] URL: www.lawcommissionofindia.nic.in

10. Commissioner of Law Revision - Malaysia Attorney-General’s Chambers, No. 45, Persiaran Perdana, Precinct 4, 62100 Putrajaya, Malaysia Phone: +60 3 8872 2000 Fax: +60 3 8890 5670 E-mail: [email protected] URL: www.agc.gov.my



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11. California Law Revision Commission

4000 Middlefield Road,Room D-I, Palo Alto, CA 9403-4739,

United States of America

Phone: +1650 494 1335 Fax: +1650 494 1827 E-mail: [email protected] URL: www.clrc.ca.gov

12. Law Reform Commission of Ireland 35-39 Shelbourne Road, Ballsbridge, Dublin 4, Ireland . Phone: +353 1 637 7600 Fax: +353 1 637 7601 E-mail: [email protected] URL: www.lawreform.ie

13. New Zealand Law Commission Level 19, 171 Featherston street, Wellington 6011, New Zealand Postal address: PO Box 2590, Wellington 6140, New Zealand Phone: +64 (04) 473 3453 Fax: +64 (04) 471 0959 E-mail: [email protected] URL: www. lawreform.ie

14. South African Law Commission 5th floor, The Meent Building, 266 Thabo Sehume Street, Pretoria, South Africa Postal Address: Private Bag x668, Pretoria, 0001South Africa Phone: +27 12 392 9540 Fax: +27 12 323 4406 E-mail: [email protected] URL: www.salawreform.justice.gov.za

mailto:[email protected]?subject=Enquiry%20from%20lawreform.ie


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