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TABLE OF CONTENTS
Page Number
1. Foreword 32. Introduction 4 3. Law and Justice Commission & National Judicial (Policy Making) Committee 53.1. The Statutes 5 3.2. Functions 5 3.3. Composition 6 3.4. Library & Computerization 73.5. Bio data of Members 8 3.6. Commission’s Secretariat 20
4. Performance of the Commission and NJPMC in 2007 21 4.1. The National Judicial Conference 2007 214.2. Objective of Conferences 22 4.3. Themes 224.4. Participants 33 4.5. Conference Declaration & Recommendations 334.6. Declaration 34
5. Law & Justice Commission of Pakistan 39 5.1. Activities of Law & Justice Commission of Pakistan during the year, 2007 39 6. National Judicial (Policy Making) Committee 506.1. Meeting of the National Judicial (Policy Making) Committee held on 23rd June
2007 at Islamabad 50
6.2. Meeting of the National Judicial (Policy Making) Committee held on 8th September, 2007 at Islamabad
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7. AJDF Workshops 597.1. Key Recommendations 63 8. AJDF Projects Summary 67 8.1. Detail of investment of Access to Justice Development Fund till 2007 688.2. Detail of the Projects in First Phase 69 8.3. Province wise detail of the projects received 708.4. Detail of the Projects in 2nd Phase 71 8.5. District Wise achievement in all over Pakistan in the 2nd Phase Access to 09
district 72
8.6. Detail of projects under process 728.7. Activities of Secretariat of the Commission 73 8.8. Implementation of Recommendation 799. Public Awareness 84 10. Commission / NJPMC publishes Annual Reports of the Courts 8410.1. Summary data for the Supreme Court of Pakistan 85 10.2. Appeals 8610.3. Consolidate Statement for all cases from 01‐01‐2005 to 30‐06‐2006 87
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10.4. Federal Shariat Court 8810.5. Consolidate Position for Criminal Matter at the Principal Seat and Bench
Registries during the year 2006 89
10.6. Category‐wise Consolidate Position for Criminal Matters During Year 2006 90 10.7. FSC Consolidate: Criminal Matters Category‐wise Consolidate Position for Shariat
Matters at the Principal Seat and Bench Registries during the year 2006 91
10.8. Statement showing Pendency, Institution and Disposal of Cases at Federal Shariat Court
91
10.9. Statement showing Pendency, Institution and Disposal of cases of Lahore High Court
92
10.10. Statement showing Pendency, Institution and Disposal of Cases of Peshawar High Court
92
10.11. Statement showing Pendency, Institution and Disposal of Cases of High Court of Sindh
92
10.12. Statement showing the Institution, Disposal and Balance of Criminal, Civil and Family Cases of Judicial district in Sindh for the month of April
92
10.13. Statement showing Pendency, Institution and Disposal of Cases of High Court of Balochistan
93
10.14. Statement showing Pendency, Institution and Disposal of Cases of Federal Service Tribunal during 2006
93
11. Commission’s Website 9512. Procedure of Selection of Projects 95 13. Commission’s Finances 9614. Other Activities 9615. Legal Discovery Centre 99 16. Relations with other Law Commissions 9917. Annexure 100 17.1. Former Chairmen of the Commission 10017.2. Former Secretariats of the Commission 100 17.3. Former members of the Commission 10017.4. List of Reports 104 17.5. Pending Projects 17.6. Papers Completed by the Secretariat
17.7. Papers on which work is in progress 108 17.8. Public Awareness Program 11417.8.1. Recent Publication 114 17.8.2. Volume 1 11717.8.3. Volume 2 118 17.8.4. Volume 3 120 17.8.5. Volume 4 121 17.9. Officers & Staff of the Secretariat 12217.10. Address of other Law Commissions 124
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Foreword I am glad that the Secretary, Law and Justice Commission of Pakistan is publishing the Annual Report 2007 of the Law and Justice Commission of Pakistan (LJCP) and the National Judicial (Policy Making) Committee (NJPMC). The report provides a detailed insight into the activities of the Commission and NJPMC during the preceding year. The Commission performs critical functions to reform and modernize the legal system and formulate effective and workable policies to strengthen the system of administration of justice. During the year 2007, many legal / judicial reform proposals were formulated and forwarded to the Government for implementation. It is only through a reformed legal system with an efficient system of administration of justice that governance can improve. It is necessary to expedite the trial proceedings so as to provide expeditious relief to the litigant parties. Laws have to remain under constant review with a view to addressing the challenges thrown by developing societies, struggling to improve the quality of life of its citizens. An effective and efficient judicial administration strengthens good governance, which is essential for economic development and social progress. Under the public awareness scheme, the Secretariat of the Commission took efforts to disseminate legal literacy to promote rule of law, awareness of rights and responsibilities and protect the rights of citizens, in particular the vulnerable groups such as women, children and labourers, etc. In this regard, very recently the Commission published the fourth volume of its publication titled Qanoon Fahmi. During the year the Secretariat of the LJCP published the Judicial Statistics of Pakistan providing data on disposal and pendency of cases in Supreme Court, Federal Shariat Court, High Courts as well as Subordinate Courts. The Secretariat has also published the report regarding the performance of Special Courts and Administrative Tribunals functioning under administrative control of Federal and Provincial Governments. I appreciate the dedicated efforts of LJCP Secretariat in carrying out the functions and responsibilities of LJCP/NJPMC. I hope the same level of dedication and efforts will continue in future also, so as to achieve the targets.
(Justice Iftikhar Muhammad Chaudhary) Chairman
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1. Introduction This Annual Report for the preceding year reflects the activities of the Law & Justice Commission of Pakistan (LJCP) and National Judicial (Policy Making) Committee (NJPMC). These two bodies held sessions from time to time to consider and approve various recommendations for reform of law and improvement in judicial system. The Commission approved 7 reports on various legal/judicial issues. The NJPMC also approved various steps/measures to further improve the functioning of the courts and address the issue of backlog, accumulated at various level of judicial hierarchy. It took steps, particularly, in the area curbing corruption in subordinate courts and expediting the trial proceedings so as to ensure quick dispensation of justice. The Secretariat organized National Judicial Conference in February 2007. The organization of National Judicial Conference was aimed at providing a forum for interaction amongst the judges of the superior courts and other related professionals e.g members of the bench / bar, legal academics, media person etc. In the Conference, the participants discussed crucial issues faced by the administration of justice like judicial independence, clearance of backlog in courts, writing quality judgments, alternate dispute resolution, public interest litigation and legal education. The recommendations formulated by the Conference are at various stages of implementation. During the year 2007, the Secretariat also organized four workshops on Access to Justice Development Fund (AJDF) at Islamabad, Karachi, Quetta and Peshawar. The workshops were attended by the participants representing judiciary, civil society organizations, legal academics, members of the bar and media. In these workshops, the discussion was primarily focused on introduction of AJDF, its management, operating procedure, format proposals, evaluation process and criteria for approval of projects. The object was to improve the disbursement of the AJDF through consultation amongst the stakeholders. The Commission welcomes interaction with research institutions, professional bodies, jurists, scholars, researchers and citizens on the issues of legal and judicial reform. Views, comments and suggestions for reform of law, improvement in administration of justice, standard of legal education and protection of human rights, can be forwarded to the Secretariat.
(Dr. Faqir Hussain) Secretary
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2. Law and Justice Commission & National Judicial
(Policy Making) Committee:
2.1.The Statutes:
The Government of Pakistan has constituted the National Judicial (Policy Making) Committee under an Ordinance (LXXXI) of 2002 to streamline the system of judicial administration in the country. This body provides a statutory platform to all the superior courts of the Federation and the provinces to jointly formulate and implement policies for judicial governance and improved service delivery in the judicial and legal sector.
2.2. Functions:
The functions of the Commission are listed in Section 6 of the Ordinance. These include: 1. carrying out a regular and systematic review of the statutes and other laws of
the land, with a view to improving/modernizing the same and bring it in accord with the changing needs of the society;
2. arranging the codification and unification of laws, so as to eliminate multiplicity
of laws on the same subject; 3. removing inconsistencies between Federal and provincial laws; 4. simplifying laws for easy comprehension and suggesting measures to make the
society law‐conscious; 5. introducing reforms in the administration of justice; 6. adopting simple and effective procedure for the administration of laws to
ensure substantial, inexpensive and speedy justice; 7. recommending improvements in the quality/standard of legal education; 8. taking measures for developing human resources for efficient court
administration and management of case flow; 9. co‐ordination between the judiciary and executive authorities of the Federal
Government and provincial governments on administrative, financial and other related matters;
10. preparing and operating schemes for access to justice, legal aid and protection
of human rights; 11. managing the Access to Justice Development Fund; and
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12. the Federal Government or any provincial government may seek the opinion
and advice of the Commission on any matter relevant to its functions. This list includes the new functions, which have been entrusted to Law and Justice Commission vide the amendments made to Law Commission Ordinance in 2002. The Commission is required to publish an annual report of its activities and such other periodic or special report as may be recommended for reformation of the legal/judicial system. The reports are submitted to President of Pakistan. The National Judicial (Policy Making) Committee has been entrusted with the following functions: 1. improving the capacity and performance of the administration of justice; 2. setting performance standards for judicial officers and persons associated with
performance of judicial and quasi‐judicial functions; 3. improvement in the terms and conditions of service of judicial officers and
court staff, to ensure skilled and efficient judiciary; and 4. publication of the annual or periodic reports of the Supreme Court, Federal
Shariat Court, High Courts and courts subordinate to High Courts and Administrative Courts and Tribunals.
The Committee is required to publish an annual report of its activities and such other periodic or special reports, relating to its functions. The reports are submitted to President of Pakistan.
2.3. Composition:
The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of Law & Justice, Chairperson, National Commission on the Status of Women and one representative from each of the four provinces. The non‐ex‐officio members of the Commission are appointed for a period of 3 years. They are appointed by the Government on the recommendation of the Chairman of the Commission. The Chairman can also appoint a suitable person(s) as a member (s) for a specified period to perform specified functions.
The National Judicial (Policy Making) Committee is headed by the Chief Justice of Pakistan and includes Chief Justice, Federal Shariat Court, and Chief Justices of four provincial High Courts. The Secretary, Law & Justice Commission is designated as Secretary to the Committee.
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2.4. Library & Computerization:
The Commission has its own library with a collection of more than 5000 reference books and law reports. The staff has also access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission i.e. its composition, functions, reports already approved/published and pending projects. The courts annual reports for the year since 2001 are also hosted on the web.
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2.5. Bio data of Members:
A brief introduction of the members of the Law & Justice Commission of Pakistan and National Judicial Policy Making Committee follows:‐ Chairman
Mr. Justice Iftikhar Muhammad Chaudhry
Personal: Name : Justice Iftikhar Muhammad Chaudhry
Designation: Chief Justice of Pakistan
Mailing address:
Supreme Court of Pakistan, Constitution Avenue, Islamabad.
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Educational Qualification: B.A, LL.B.
Professional Experience/ Posts held
1) Started Practice as Advocate in the year 1974
2) Enrolled as Advocate, High Court in the year 1976
3) Enrolled as Advocate, Supreme Court in the year 1985
4) Appointed as Advocate General, Province of Balochistan in the year 1989.
5) Elevated as Addl: Judge, High Court of Balochistan in the year 1990
6) Appointed as Chief Justice, High Court of Balochistan on 22nd April 1999.
7) Elevated as Judge, Supreme Court of Pakistan on 4th February 2000.
8) Appointed as Chief Justice of Pakistan on 30th June 2005.
9) Chairman, Law and Justice Commission of Pakistan, National Judicial (Policy Making) Committee, Federal Judicial Academy and Almizan Foundation.
Experience/Activities:
1) Practiced as Advocate in all fields/ subjects i.e. Constitutional, Criminal, Civil, Tax, Revenue, etc.
2) Elected as President, High Court Bar Association, Quetta.
3) Elected twice as Member, Bar Council.
4) Besides functioning as Judge High Court of Balochistan, performed as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge.
5) Appointed as Chairman, Balochistan Local Council Election Authority in the Year 1992 and again in 1998.
6) Appointed as Chairman, Provincial Review Board for the Province of Balochistan on the recommendations of Hon’ble Chief Justice of Pakistan.
7) Appointed twice as Chairman of Pakistan Red Crescent Society, Balochistan by Government of Balochistan.
8) Nominated by Hon’ble Chief Justice of
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Pakistan as Chairman, Enrolment Committee of Pakistan Bar Council.
9) Appointed as Judge Incharge, Supreme Court Staff Welfare Committee by the Hon’ble Chief Justice.
International visits.
1) Visited San Francisco in connection with Conference on ADR.
2) Attended 22nd Biennial Congress on the Law of the World held in Beijing & Shanghai, China in September, 2005.
3) Participated in the International Conference and Showcase on Judicial Reforms held in Manila, Philippines in November, 2005.
4) Visited United Kingdom in February, 2006 in connection with The UK‐ Pakistan Judicial Protocol on Child.
Members
Graduate in Law from University of Karachi, Pakistan and University of Cambridge, England; LL.M. from London School of Economics and Political Science, England; Enrolled as Advocate, High Court of Sindh, 1977; Barrister, England & Wales, Society of Lincoln’s Inn, 1978; Enrolled as an Advocate, Supreme Court of Pakistan in 1989 and Senior Advocate Supreme Court of Pakistan in 2001; Lecturer in Law, University of Keele, England, 1979 ‐1980; Professor of Law, Law Faculty, University of Karachi; (S.M. Law College) 1980‐88, Attorney General for Pakistan since 24th September 2001. Malik Muhammad Qayum Attorney General For Pakistan Since July 2007
Barrister Makhdoom Ali Khan, Attorney General For Pakistan. (January 2007 to July 2007)
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Mr. Justice Haziqul Khairi , Chief Justice, Federal Shariat Court.
Mr. Justice Haziqul Khairi was born in Delhi on the 5th day of November, 1931 in a literary family. He is the son of late Mr. Raziq‐ul‐Khairi, Editor “ISMAT’ and grand‐son of late Allama Rashid‐ul‐Khairi, an outstanding social reformer and reputed writer of Urdu Language. He got early education at Anglo‐Arabic Higher Secondary School, Darya Ganj Delhi and in Karachi where he migrated with his family on partition of India. He graduated in Arts in 1954 and got Master’s Degree in Political Science and LL.B in 1956 from the University of Karachi. Justice Khairi joined the legal profession on 23.01.1957, enrolled as an Advocate of the erstwhile High Court of West Pakistan on 15.04.1959 and of Supreme Court of Pakistan on 30.03.1970. Justice Khairi was elected as Honorary Secretary, Pakistan Writer’s Guild (1966‐1969) and under its auspices organized the First Copy Right Conference in Pakistan. He is short story writer and play writer. He is the Chairman, Thinker’s Forum (Hamdard Shura) Karachi, Chief Patron SAARC Health Pakistan, Member Syndicate, Baqai Medical University, President, Central and West Asian Studies, University of Karachi, Member of Trustees Transparency International (Pakistan), Member, Human Rights Commission of Pakistan and President, Anglo‐Arabic School and College Old Boys Association.
Justice Khairi was elected as Honorary Secretary, Sindh High Court Bar Association for the year (1972‐73) and Member, Sindh Bar Council (1979‐83). He was the Principal, Sindh Muslim Law College, Karachi (01.05.1981 to 09.09.1988) and organized First Conference on “Role of Ombudsman” in 1982 at the College. He was a member of Academic Council, Faculty of Law, Board of Studies in Law and Convener “Syllabus Committee” for LL.B & LL.M. (1984) of University of Karachi. He introduced LL.M. classes in Sindh Muslim Government Law College in 1983.
He was elevated as Judge, High Court of Sindh on 10.09.1988, appointed as Provincial Ombudsman (Sindh) Pakistan on 25.09.1999, Member, Council of Islamic Ideology Government of Pakistan on 15.06.2004 and Chief Justice, Federal Shariat Court of Pakistan on 5.6.2006.
Justice Khairi attended (i) The external Sessions of the Hague Academy of International Law on “Public International Law” at Tehran in 1970, (ii) Seminar on “Private International Law” at the Centre for Studies in Law at the Hague Academy of International Law at the Hague in 1971, (iii) Seminar on American Law & Legal Institutions at Salzburg (Austria) in July, 1985, (iv) SAARC Law Conference at Colombo, Sri Lanka in 1993, (v) Asian Ombudsmen Conferences at Manila and Tokyo and Beijing
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in 2000, 2001 and 2002 respectively, (vi) Institute of Science, Technology and Civilization affiliated to the International Islamic University Malaysia in 2006.
Ex‐officio: Member, National Judicial Policy Making Committee, Member, Law & Justice Commission of Pakistan, Member, Advisory Board of the Al‐Mizan Foundation, Member, Administration Committee of Al‐Mizan Foundation, Member, Board of Governor, Board of Trustees, Council of Trustees and Selection Board of the International Islamic University, Islamabad. Mr. Justice Iftikhar Husain Chaudhry, Chief Justice, Lahore High Court.
Mr. Justice Iftikhar Husain Chaudhry was born in 1946 in a renowned family of Jhelum, Punjab, having a long history of public service. He was educated in Jhelum and Lahore. He studied Law in the Punjab University Law College, Lahore and passed LL.B. Degree examination in first Division in 1970. He worked with his elder brother Chaudhry Altaf Hussain, an eminent and leading lawyer of the region, who became Governor of the Punjab twice. His Lordship started practice in Lahore High Court, Lahore in 1979. He shifted to Rawalpindi in 1981 when Rawalpindi Bench of Lahore High Court was established. He remained Federal Government’s Counsel, Standing Counsel and Deputy Attorney‐General for Pakistan prior to his elevation as Additional Judge of Lahore High Court on 7th August 1994. He was appointed as permanent Judge of the Court on 5th June 1995. Having vast and varied experience of legal practice in major areas of law, he can ably deal with Constitutional, Criminal, Civil and Commercial cases which are brought to High Court and has rendered a large number of quality judgments in various branches of law. He was appointed as 36th Chief Justice of Lahore High Court on 7th September 2002. He is computer‐literate and has widely traveled. His areas of interest are travel and studying history, culture and information technology.
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Mr. Justice Sabihuddin Ahmad was born in 1949 at Hyderabad (Sindh), earlier education in different parts of the country, did M.A. from Punjab University in 1969 and LL.B. from Karachi University, participated in several inter‐collegiate debates and edited collage Magazine at Government Degree College Sukkur, Government College Lahore and S.M. Law College Karachi, Entered legal profession in 1972 in the chamber of Mr. Khalid M. Ishaque, a leading Advocate in Karachi. Practiced at the bar for 23 years and appeared before the Supreme Court in important civil and constitutional matters. Founder member of the Human Rights Commission of Pakistan and its Vice President (1987 – 1990). Participated in several International Conferences on Human Rights and allied issues. Contributed several articles to Newspapers and periodicals on constitutional and Human Rights Issues. Elevated to the bench of the Sindh High Court on 11.1.1997. Participated in several International Judicial Conferences. Elected member of the International Advisory council of the International Centre for Promotion of Human Rights (Inter rights) and steering committee of the South Asia Forum legal education on gender issues. Member of Board of Trustee of Aga Khan and Board of Governor Hamdard University. Acting Chief Justice of the Sindh High Court since 28‐4‐2000, appointed as Chief Justice and took oath of office on 05‐4‐2005. Mr. Justice Tariq Parvez Khan, Chief Justice, Peshawar High Court.
Born on 15th February, 1948 in the capital city of NWFP, Mr. Justice Tariq Parvez Khan got his education to the graduate level at Peshawar. He graduated in Law in 1971 from Faculty of Law, University of Peshawar and did his Master in Political Science in 1975. His track record is full of co‐curricular activities and distinctions. He was enrolled as advocate at the District Courts of Peshawar in 1972 and was licensed to practice at the High Court in 1975. After completing 11 years of practice, he was enrolled as advocate Supreme Court of Pakistan in 1983.
Mr. Justice Sabihuddin Ahmed,Chief Justice, High Court of Sindh.
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During his career at the Bar, his lordship not only excelled professionally, but also manifested his leadership role. He was elected as President, Young Lawyers Association in 1978. Vice President of the Peshawar High Court Bar Association in 1980 and President of the High Court Bar Association in 1996. His elevation to the bench in February, 1997 was an acknowledgement of his professional capabilities. During his tenure as Judge of the Peshawar High Court, his lordship remained member of the Administration Committee of the Peshawar High Court, member of the Peshawar University Syndicate, Chairman N.‐W.F.P., Bar Council's Enrolment Committee, member of the Election Tribunal, member and then Chairman of the Subordinate Judicial Services Tribunal. His lordship has a deep insight on major legal issues and as follow up of his academic pursuits; his lordship is a visiting faculty member of the Federal Judicial Academy. He delivered discourses at different Workshops and Seminars including Provincial judicial Conferences.
He was elevated as Chief Justice of the Peshawar High Court on 5th April, 2005. Mr. Justice Amanullah Khan, Chief Justice, High Court of Balochistan. .
Born at Quetta on 7th August, 1954. Matriculated from Cantt. Public School, Quetta in the year 1970; Passed the Intermediate Examination in the year 1972, BA in the year 1974 and MA in the year 1976 from F.C. College, Lahore; Passed the LL.B. Examination from Punjab University in the year 1980; Joined the Bar in January, 1981; Remained Vice President of Balochistan Bar Association in 1988‐89; Taught as honorary lecturer in University Law College, Quetta from 1989 to 1996; Remained President of Balochistan Bar Association in the year 1994‐95; Elevated as Judge of the High Court of Balochistan in February, 1997 and took oath of the Office of Chief Justice on September, 14, 2005.
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Mr. Justice (Retd) Qazi Mohammad Farooq.Supreme Court of Pakistan.
Law graduated from University Law College, Lahore in 1960; enrolled as Advocate in 1961; elected Secretary, District Bar Association, Abbottabad in 1962. Qualified Provincial Civil Service (Judicial) Examination in 1967 and served as Civil Judge, Senior Civil Judge, and Additional District and Sessions Judge; promoted as District and Sessions Judge in 1977. Attended the 1st Advanced Course in Shariah at the Institute of Shariah and Legal Profession, Islamabad and the Islamic University, Madina, Saudi Arabia; Served as Registrar, Peshawar High Court from January 1988 to September 1989. Elevated as Judge, Peshawar High Court in 1991. Attended course on Alternate Dispute Resolution in San Francisco (USA) in 1998. Appointed as Chief Justice, Peshawar High Court in May 1999. Elevated as Judge, Supreme Court of Pakistan on 4th February 2000. Mr. Justice (R) Amir‐ul‐Mulk Mengal, Chief Justice, High Court of Balochistan.
Born on 3.4.1945 at Killi Mengal Nushki, District Chaghai; passed M.A. (Political Science) from University of Karachi; L.L.B. from Islamia Law College, Karachi in 1968; jointed as Advocate of Subordinate Courts in 1969; enrolled as an Advocate of High Court in 1972; elected as General Secretary of Balochistan Bar Association in 1972; unanimously elected as the President of Balochistan Bar Association 1979‐1983; appointed as Advocate‐General, Balochistan on 4th April, 1985; elevated as Additional Judge of High Court of Balochistan on 26.3.1986; confirmed as permanent Judge of the High Court of Balochistan on 26th March, 1989; appointed Member, Election Commission of Pakistan on 16th August, 1990 and remained as such till April, 1993; appointed as Chairman, Provincial Zakat and Ushr Council, Balochistan on 16th February, 1991 and continued as such till July, 1994; Chairman, Balochistan Service Tribunal from 1.7.1990 till date; appointed as Additional Labour Appellate Tribunal, Balochistan; Member Selection Board, University of Balochistan twice; nominee/Member Syndicate, University of Engineering and Technology, Khuzdar; Member, Board of Governors Federal Judicial Academy; Chairman of Sub‐Committee on Separation of Judiciary from Executive; remained as Member, Balochistan Subordinate Judiciary Service Tribunal; remained as Acting Chief Justice, Balochistan High Court from 2.11.1991 to 15.11.1992, 17.4.1993 to 28.4.1993, 27.4.1995 to 8.5.1995, 9.8.1995 to 24.8.1995 and 8.8.1996 to 28.8.1996; visited Islamic Republic of Iran with Delegation headed by Hon’ble Chief Justice of Pakistan from 7.9.1996 to 14.9.1996; appointed as Chief Justice High Court of Balochistan on 17th November, 1996.
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Justice (Retd) Mansoor Ahmed, Secretary, Law, Justice and Human Rights. (Till 25th August 2007)
Graduate in Law from University of Sindh in 1965; Enrolled as an advocate in 1966; Advocate of the Lahore High Court in March 1972 and advocate of the Supreme Court in 1983. Did practice as an advocate for 36 years; Handled numerous cases of constitutional, criminal, civil and human rights in Superior Court in Pakistan; Appointed legal advisor to various Government Departments; appointed standing counsel for the Federal Government in 1992; Elected as President of Bar Association for the year 1992‐93; Appointed prosecutor in high profile accountability cases in 1996; Appointed as Deputy Attorney General for Pakistan in 1996 and remained as such upto May 2001. As a Deputy Attorney General defended and prosecuted state cases including criminal cases at the level of Supreme Court and High Courts of Pakistan; Elevated as Judge of the Lahore High Court on May 2001; Appointed Secretary Law, Justice and Human Rights Division while serving as a Judge of High Court.
Education: Ph.D History, University of Hawaii, USA. M.A. Asian Studies. M.A. Urdu. B.A. Hons. Work Experience: Chairperson, National Commission on the Status of Women Jan 2006 to date Member, Punjab Public Service Commission, Lahore 2002‐ 2005. Principal, Government College for Women, Gulberg Lahore 1989‐2002 Principal, Lahore College for Women, Lahore 1988‐1989 Vice Principal, Lahore College for Women, Lahore. 1985‐1988. Assistant Professor, Lahore College for Women, Lahore. 1972‐1984. Lecturer, Lahore College for Women, Lahore. 1966‐1972.
Dr. Arfa Sayeda Zehra, Chairperson, National Commission on the Status of Women,
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Research & Publication: Written Research Papers/Articles on public interest issues which are published in National and International Magazines. Mrs. Nasira Iqbal, Advocate.
Education: 1994 Diploma in Intellectual Property Laws, Punjab University (1st position) 1986 Master of Laws Cum Laude (Honours). Harvard Law School, USA. 1983 Master of Laws, PU (Distinction) 1975 Bachelor of Laws, PU (Distinction) 1960 Bachelor of Arts, Kinnaird College, ( 1st Position in University) 1958 Intermediate, Kinnaird College (National Talent Scholar) 1956 Matriculation, Queen Mary’s College, (National Talent Scholar) Legal Experience Current: Till 20/11/2002 Judge Lahore High Court 1978‐ 1994 Advocate District Courts, High Court & Supreme Court of Pakistan 1995 Pakistan Delegate to Human Rights Commission, Geneva. Member Supreme Court Bar & Lahore High Court Bar Association Member of IUCN Commission for Environmental Law. Member Board of Graduate Studies, Punjab University Law College Member Advisory Committee British Council Advocacy Training Program Member Advisory Board, Hamdard School of Law Karachi. Adjunct Professor, Punjab University Law College, Lahore Adjunct Professor, Department of Women’s Studies, Punjab University, Lahore Honorary Legal Advisor, International Women’s Club, Lahore Legal Advisor & Vice Chairperson, Legal Affairs APWA, Punjab Member Pakistan Women Lawyers’ Association Convener, Fatima Memorial Legal Aid Centre, Shadman. Non‐Legal Experience Current: Trustee Ferozsons Trust, Fatima Memorial Hospital & College, Shadman, Lahore, A 410 Bed Non‐Profit General Hospital, Medical, Dental & Nursing College. Chairperson Board of Trustees, Bhandara Foundation. President Punjab Mental Health Association. Member Board of Governors Queen Mary College, Lahore. Member Board of Studies, Women’s Studies Department, Punjab University. Member Interfaith Dialogue Austria, Jordan And Women’s Peace Initiative USA Member Hamdard Majlis‐e‐Shoora. Member Zanana Dar‐ul‐Shafqat, and Darul Aman, Anjuman‐e‐Himayat‐e‐Islam, Lahore.
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Member Punjab Managing Committee SOS Children’s Villages. Lecture Tours, Conferences and Seminars. Lectured on Women’s Rights and Development in Pakistan, Canada, USA, India, China, Kuwait, Dubai, Austria. Presented papers at International Christian‐Islamic Round Table, Vienna (Austria) 1992, 96, 2000, 2004. Amman 1993, Chesham 1996, Seminars on Women’s Rights: Australia 2000, Cairo 2001, Global Peace Initiative Geneva 2002. Norway & Cochin (India) 2003. Bosnia, Romania, National Defence College, Islamabad, International Access to Justice Conference, Islamabad, Several Aurat Foundation Seminars 2004‐5, Law Reforms Seminar Lahore 2004, Islamabad 2005. Focus Pakistan Seminar on Enhancing Pakistan’s Image by Empowering Women. Lahore. (2005), International Conference on Women’s empowerment 2005. Mr. Abdul Qadir Halepota, Advocate.
Born (1st March 1932) at Hyderabad Sindh; participated in All‐Pakistan English debates during School and College days and won number of prizes; B.A. (Hons.) 1953; L.L.B. (1956) securing 3rd position in Sindh University; (having passed L.L.B earlier as permitted previously); Joined Legal profession (1953); Advocate, Sindh Chief Court (1954); Established flourishing practice; Was Member, Divisional Council, Hyderabad (1966); Legal Adviser, Sindh University for number of years, Hon: Legal Adviser, Mehran Arts Council and Shah Abdul Lateef Bhitai Cultural Centre Committee; Lecturer Government Jinnah Law College, Hyderabad; Member Governing Bodies of Sindh Law College and Jinnah Law College, Hyderabad, Member, Advisory Committee, Pakistan National Centre, Hyderabad, Past President, Hyderabad District Bar Association (1974‐75 and 1975‐76); Ex‐Judge High Court of Sindh; Nominated as Member Board of Governors for Law Colleges in Sindh except Karachi; Nominated by the Chief Justice of Pakistan as member Board of Governor Federal Judicial Academy Islamabad w.e.f. 28.11.1989 for three (3) years. In February 1999; appointed as Member Board of Governors for Law Colleges in Karachi; Was Member Pakistan Law Commission, Government of Pakistan; Appointed Provincial Minister for Law, Human Rights, Social Welfare and Women Development in Government of Sindh from April 2002 to December 2002; Presently working as Honorary Chairman of the Legal and Consultative Committee, Government of Sindh with among other, the Provincial Law Secretary and Advocate General Sindh as Ex‐Officio members of the said Committee; Appointed as member Law & Justice Commission of Pakistan w.e.f. 13th August 2005.
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Obtained LL.B and M.A (Political Science) degrees from the University of Peshawar,
studied for LL.M at the School of Oriental & African Studies, University of London,
completed Ph.D in Constitutional Law from the University of Peshawar and Post
Doctoral Fellowship at the School of Oriental & African Studies, Universities of London.
Is the author of two books, namely, (1) Personal Liberty and the Law of Preventive
Detention in Pakistan and (2) Electoral Reforms in Pakistan, Contributed Chapters to
various other books published inland / abroad. Prepared 10 reports and published over
40 papers in various research journals. Attended over 100 national / international
conferences / workshops and has travelled extensively within the country and abroad.
Dr. Faqir Hussain Secretary Law & Justice Commission of Pakistan
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2.6. Commission’s Secretariat:
The Secretariat of the Commission is established under Section 5 of the Law & Justice Commission of Pakistan Ordinance. It is part of the Federal Secretariat and is headed by a Secretary and comprising other officers and staff. The functional strength of the Secretariat consists of a Secretary, three Joint Secretaries, four Deputy Secretaries, MIS Manager, five Research Officers and other support staff, given below in the organizational chart. Under Section 8 of NJPMC statute, the Secretariat of the Commission has been entrusted with the responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee as well. This new responsibility has greatly enhanced the staffing and resource needs of the Commission’s Secretariat and efforts are being made to cater for the new requirements with the support of the Government. In the first phase 13 posts of professional and technical staff were created to strengthen the capacity of the Commission. These posts have been filled.
Secretary
Joint Secretary I Joint Secretary II Joint Secretary III
Deputy Secretary I MIS Manager Deputy Secretary II
Research Officer II
Deputy Secretary III
Research Officer IV Research Officer III
Supdt. Res. & Ref.
Computer Programmer I
Computer Programmer II
Computer Operator
Research Officer Fund
Supdt. Admin
Librarian
Protocol
S. O. Fund
A A O
Admin Section
Library
Research Officer I
S. O. Law
System Analyst
Research Officer V
Deputy Secretary IV
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3. Performance of the Commission and NJMPC in 2007:
3.1. The National Judicial Conference 2007
The National Judicial Conference (NJC) marks an important event in the judicial history
of Pakistan. NJC has taken place in the backdrop of functioning democratic institutions
in the country and the ongoing reform process of the Federal and Provincial Judiciary
under the Access to Justice Programme. NJC offered a unique opportunity to the
judges of the Superior Courts, members of the Bar and other professionals to interact,
share experiences, and crystallize issues, faced in the administration of justice in the
country
Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan, addressing the Inaugural Session of the National Judicial Conference.
. at all levels. The paramount importance of holding the Conference lies in identifying
the future role of the system of the administration of justice in the light of existing and
22
emerging problems and to undertake short‐term and long‐term planning for legal and
judicial reforms.
4.2. Objectives of Conference
The objective of Conference is to discuss and formulate plans and strategies to:
• Identify issues and problems confronted by the judicial system;
• Facilitate NJPMC, in exercising its functions including devising coherent and
workable judicial policy that aims at improving the performance of the courts
through effective participation of the entire judiciary, the prominent members
of the Bar as well as other stakeholders;
• Meet the needs of the new and evolving governance paradigm which lays
emphasis on improved governance through an institutionalized effective
system of legal and judicial administration;
• Ensure optimal utilization of resources currently being provided to the
judiciary, under the Access to Justice Program;
• Suggest ways to improve quality of judgments;
• Promote and strengthen the rule of law;
• Encourage the use of ADR and promote Public Interest Litigation;
• Explore opportunities to enhance citizens’ access to justice, particularly of the
vulnerable social groups such as poor, women, children, laborers and
minorities; and
• Restore and strengthen public confidence in the administration of justice
through judicial independence, impartiality and capacity to deliver fair, quick
and economical justice.
4.3.Themes
Although ‘singular theme’ conferences and seminars are focused and result in better
quality outputs, this Conference was proposed to have a multi‐theme format to
address issues enumerated in the conference objectives. This was an appropriate and
deliberate strategy to achieve maximum benefit from this pioneer event, which
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afforded a rare opportunity for joint consultation among members of the superior
judiciary. The themes were:
1) Delay Reduction: Issues & Strategies
2) Alternative Dispute Resolution (ADR)
3) Improvements in Quality of Judgments
4) Public Interest Litigation
5) Legal Education
6) Judicial Independence
Delay Reduction: Issues & Strategies
The delays in dispensation of justice is a chronic problem and has been the main issue
before the successive Law Reform Commissions set up from time to time. The delay
has tormented the litigant public to an extent that today even those with meritorious
claims are reluctant to go to the courts for the redress of their grievances. Several
reasons have been put forward for this sluggish performance of the judicial sector,
particularly the subordinate courts, ranging from infirmities in the judicial governance
and administration to the weaknesses in the legal education, weakly disciplined legal
profession, incompetent investigation and prosecution, lack of citizens’ access to
justice and legal information, to the inadequate justice sector resource allocation.
However, as mentioned before, the issues not directly connected to or within the
control of the courts, i.e. relating to the investigation and the prosecution, remedial
steps thereof and any impact on delay reduction would also be deliberated upon.
Likewise, the issue of inadequacy of resource allocation would also be discussed to
ensure adequate finances to the justice sector.
This delay not only denies timely justice to those entitled to it but it also creates
perverse incentives for the unscrupulous elements to abuse the process of law; and
such trends are discernible from the quantum of frivolous litigation that goes on in
Pakistani courts where the intent is to harass the other party or merely to cause delay.
Another indicator to bear out this massive abuse is the large number of cases that are
abandoned in early litigation and do not reach the decision stage.
24
The impact of this systemic inefficiency is catastrophic. It has led to the sliding of many
low middle income families into the poverty trap and continues to keep many others
from moving out of this vicious circle. The delay, in addition to exacting the cost in
terms of loss of time, creates opportunities for corruption and is a source of serious
squeeze on the incomes of the poor. The dice of litigation in Pakistani courts is heavily
loaded against the poor and in favor of the rich with greater holding power, both in
terms of money and influence.
This state of affairs is neither in the interest of the poor litigant nor in the interest of a
business house; both demand speedy justice. And the cost of delay to the society is
enormous. As mentioned earlier, the poor may not knock at the doors of justice and
may settle for unjust and socially less than optimal decisions (with consequences for
the social order not always immediately apparent); and the rich may not be willing to
invest in a jurisdiction where the delay and unpredictability do not guarantee
economically feasible outcomes. These individually rational decisions of the rich and
the poor ensure continuation of a repressive and exploitative environment which does
not allow the country to extricate itself from the clutches of poverty and embrace
social harmony and a decent economic growth trajectory. At the conference, the
participants are expected to look at the issues and matters and hold a threadbare
discussion for effective delay reduction strategy.
Alternative Dispute Resolution (ADR)
The term "alternative dispute resolution" or "ADR" is often used to describe a wide
variety of dispute resolution mechanisms that are alternative to full‐scale court
processes. The term can refer to everything from facilitated settlement negotiations in
which disputants are encouraged to negotiate directly with each other prior to some
other legal process, to arbitration systems or mini‐trials that look and feel very much
like a courtroom process. Processes designed to manage community tension or
facilitate community development issues can also be included within the rubric of
community based ADR.
25
ADR systems may be generally categorized as negotiation, conciliation/mediation, or
arbitration systems. Negotiation systems create a structure to encourage and
facilitate direct negotiation between parties to a dispute, without the intervention of a
third party. Mediation and conciliation systems are very similar in that they interject a
third party between the disputants, either to mediate a specific dispute or to reconcile
their relationship. Mediators and conciliators may simply facilitate communication, or
may help direct and structure a settlement, but they do not have the authority to
decide or rule on a settlement. Arbitration systems authorize a third party to decide
how a dispute should be resolved.
Two kinds of ADR have been practiced in Pakistan; traditional ADR and public bodies
based ADR. The formal refers to the traditional, centuries old system (which was good
for simple cases but when it came to status quo issues, would readily succumb to elite
capture) including Panchayat (in Punjab) and Jirga (in NWFP and Balochistan). The
later includes the ADR attached to public bodies and included Arbitration Councils,
Union Councils and Conciliation Courts. Arbitration Councils were confined to issues of
divorce, permission for second marriage, and maintenance for existing wives. Union
Councils provided the arbitration forum (through elected councilors) under Muslim
Family laws Ordinance 1961 and looked after a few selected family related issues.
Conciliation courts were established under Conciliation Courts Ordinance 1961 and
were vested with limited civil/criminal/pecuniary jurisdiction. Majority of the above
initiatives were rendered ineffective as the local councils (which had an important role
in these forms of ADR) were dissolved frequently and no clear strategies for capacity
building of the members of these bodies were ever formulated.
Recent Initiatives regarding ADR in Pakistan
a. Code Of Civil Procedure (CPC) which is the primary procedural law for civil
matters in Pakistan , has been amended (under AJP) for providing enabling mechanism
for Court Annexed ADR in Pakistan (Section 89‐A)
26
b. Small Claims and Minor Offences Courts Ordinance 2002 has been promulgated
for providing exclusive forum (at the district level) for facilitating the resolution of
smaller disputes. This law also provides ADR mechanism for facilitating the resolution
and settlement of disputes within the framework of the formal court system. This
could be transformed into an excellent forum for addressing disputes in the emerging
justice sector in Pakistan;
c. Under the Access to Justice Program, the review of Arbitration Act represents a
significant policy action. This review needs to be undertaken and capacity building
initiatives put in place to promote effective arbitration regime in Pakistan.
d. A new local government system has been introduced in Pakistan, establishing
elected local governments at the level of Union Council, Tehsil (Sub District Level) and
the District level. The institution of Musalihat Anjuman (literally meaning conciliation
forums) has been provided at the level of Union Councils for dispute resolution
through ADR (including conciliation, mediation and arbitration). The finalization of the
rules of Business for these bodies is essential to popularize the use of ADR.
The conference will explore the opportunities to promote and encourage use of ADR
and highlight its importance in strengthening good governance.
Improvement in the Quality of Judgment
Judgment is the outcome of evaluation of facts and evidence submitted by the court. A
well written and succinct judgment based on thorough analysis of facts and law is not
only proof of the intellectual strength of a judge but also reflects the quality of the
judicial system. In Pakistan, the art of writing a good quality judgment remains an
ongoing challenge as courts are faced with rising litigation, backlog and inadequate
research facilities. Under the circumstances where courts lack human, financial and
technical resources, the challenge of ensuring quality of judgment becomes quite a
critical challenge.
27
The issue of writing a quality judgment is not merely important in improving the
efficiency of judicial performance but it also plays an important role in gaining public
trust in the justice system. It further provides evidence of professional standards in
maintaining the reputation of the court in dispensing justice as litigant public expect a
just, fair and quality justice and much depends on the content, structure and
presentation of facts the key elements in judgment writing processes.
Many research studies conducted in the past have underlined the need for quality
judgment by superior courts to explain and elaborate the Constitution and interpreting
other statutory laws. There is pressing need to develop jurisprudence. Art of writing a
judgment is contingent on the knowledge, skills and expertise of the judge. The
process of writing a judgments involves not only close attention of the judge but also
the experienced professional court staff to assist the court in delivering a judgment
which clarifies ambiguities, if any, to help develop jurisprudence.
Also the issue in hand is linked with strength of the constitutional framework and the
legal system as good judgments will contribute to the image and perception associated
with the justice delivery process. A judge delivering a quality judgment will do a great
service and enhance the outlook of judicial system by securing quality. Clearly, unless
judgments are drafted, formulated and presented in a just, succinct, and accurate
manner, the process of dispensation of justice will suffer invariably. The reform efforts
must mobilize technical and financial resources towards improvement in the quality of
judgments at the level of constitutional courts.
An important strategic intervention to improve the skills and techniques for writing a
good quality judgment entails the provision of adequate research facilities so that
judges are equipped with trained staff well versed in assisting the judge with modern
research techniques.
The conference provided an apt opportunity to suggest ways and means to enable the
28
superior courts in particular the Supreme Court to give time to hear important cases so
that quality of judgment could be maintained. Drawing on their years long expertise,
knowledge and skills, the participants examined the issues related to quality of
judgment in the light of their association with judgment writing process. With the
valuable input coming forth from worthy judges, prominent jurists, distinguished
lawyers, the conference has came up with key recommendations to improve the
quality of judgments at the level of the superior courts.
Public Interest Litigation
Public interest Litigation, in simple words, means, litigation filed in a court of law, for
the protection of "Public Interest". The concept of Public Interest Litigation is not
defined in any statute or in any act. It has been interpreted by judges to consider the
intent of public at large. Although, the main focus of such litigation is only "Public
Interest" there are various areas where a Public Interest Litigation can be filed. e.g.
• Violation of basic human rights of the poor or the vulnerable groups;
• Content or conduct of government policy;
• Compel public authorities to perform a public duty; and
• Violation of basic fundamental rights.
Public Interest Litigation is a desirable and indeed selfless and noble undertaking. It
helps deliver civic justice through speedy, adequate and effective redress upon
violation of constitutionally guaranteed rights. Public Interest Litigation is meant to
protect the rights of public as it brings questions of public importance before a court of
law which otherwise may not have been the case and the abuse underlying public
interest litigation might have remained unaddressed.
Notwithstanding the need and urgency to take up issue of public interest through
exercise of judicial activism, the notion of public interest litigation should be
encouraged and promoted in respect of legal rights; because it is not always possible
for vulnerable individuals to litigate to protect their public rights.
29
It is an established fact that Public Interest Litigation strengthens the rule of law,
furthers the cause of justice, helps in securing civil liberties and accelerates the pace of
realization of the constitutional objectives. In Pakistan, the phenomenon of Public
Interest Litigation is gaining currency as is evident by a number of important cases
where Supreme Court of Pakistan has delivered important verdicts by taking suo moto
actions. Nonetheless, in exercising jurisdiction, the court must be careful to remain
within the allotted sphere and should not interject into the domain of executive or
legislation.
At the conference, the experts deliberated upon the benefits/merits of Public Interest
Litigation and recommended measures to further promote it including the need to
draft rules, determine procedural requirements and raise public awareness on the
subject.
30
Legal Education
The modern day society is experiencing fundamental institutional changes due to ever
changing global trends and transformations compelling the government machinery to
change its outdated practices, procedures and approaches. The legal education sector
is no exception. No doubt, the system of legal education assumes a critical significance
in ensuring a stable, orderly and just social order. To substantiate the need for reforms
in legal education, many a Law Commission reports have emphasized, from time to
time, that access to justice can not be improved without substantial improvements in
the quality of legal education. When lawyers, judges, legal scholars, governmental
legal official and other law trained personnel are not well‐trained in performing their
jobs professionally, they become a hindrance rather than supporter to the delivery of
justice. Recently, the Supreme Court taking notice of the abysmally low quality of legal
education imparted by the public and private law colleges issued directions for proper
planning of syllabi and teaching of law subjects to raise the standard of legal
education.
The law students of today are the judges and lawyers of tomorrow. In fact, the
performance of the justice sector is dependent on the quality of their professionalism,
skills and knowledge. Thus there is a strong linkage between the quality of human
resources available to judiciary and the functionality, integrity and legitimacy of the
courts system. In Pakistan, the legal education system has not received the kind of
attention it deserves. In the past, no serious effort has been made to reform the key
areas of legal education particularly the underlying structural issues. A weak system of
legal education has therefore continued to render deleterious impact on state of
justice service delivery in the country. As a result, the economic development and
overall performance of system of governance have been adversely affected.
Moreover, the progress on the development and implementation of professional
standards in legal education system has been abysmally slow. There is need to see
what makes it difficult for us to introduce professional standards in legal education.
Most law colleges are run without any independent charters with part time faculty.
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Institutional arrangements for budgeting, accounting, and financial management are
poor. All these issues necessitate formulation of a uniform legal education policy.
Innovative methods and activities will indeed help law students not only in enriching
their knowledge but also enhance their learning capacity, make informed decisions
and participate effectively in the justice system. These activities are expected to
eventually contribute to ensuring that country has an accessible and responsive justice
system that meets the needs of its citizens.
The conference discussed the state of legal education in Pakistan in greater detail in
view of the new and emerging trends in legal scholarship methodologies. Participants
engaged in a constructive discussion about the growing realization to focus on
promoting innovations in legal education.
Judicial Independence
The Judiciary acts as an arm of government and not as an opposition to the Legislature
or the Executive but it has to be bold enough to set and declare the constitutional
limits of the Legislature and the Executive. The Judiciary keeps watch and ward over
the Constitution, rigid or flexible, written or unwritten. Judiciary stands between the
State and the individual to supervise a regime of the Rule of Law and not the rule of
men. Judiciary exists to ensure and act as a custodian and bastion of liberty and stands
for the dignity of the individual which is also the guardian of the Constitution as it is
rightfully described as the citadel of Justice.
Independence of judiciary has more than one aspect and some of them are as follows;
a) Lack of interference in the administration of justice;
b) Absence of interference in causes or matters before the Courts;
c) Provision of adequate resources to the courts;
d) The personal integrity of the Judge;
32
e) The Executive should not be allowed into a situation which enables
or offers the Executive the temptation to exert pressure on the
Judiciary;
f) Appointing process in judiciary must ensure to select men and
women of the requisite caliber and integrity to the Bench;
g) Promotion Process is to ensure that those who make the grade are
not frustrated by arguments of seniority –the progressive Judges
should not be held back by those who grow stale on the Job;
h) Discipline Process needs to allow those who do not make the grade
to honourably make way for those who are prepared to get on. The
process should weed out the bad and thus leave the character of
the Judiciary as a whole unblemished; The process if wisely used
would avoid the disgrace that attaches to removal;
i) Removal Process in judiciary should be the last resort but must be
resorted to on account of judicial impropriety or misconduct.
Competence and integrity of a judge can be measured through his/her performance
on the bench. Public satisfaction with performance and integrity of judiciary is
extremely important for the judiciary itself.
Power of judiciary viz a viz the government requires proper management. None of the
three pillars of democracy, the executive, the legislature and the judiciary should be
provided with unbridled powers. Our system of government is a democracy. Judicial
independence is an essential pre requisite for a judicial system in a democratic society
however not without judicial accountability. Ideally there should be an inbuilt
accountability mechanism in the judicial system so that its independence and integrity
is not comprised.
33
4.4. Participants
This conference provided a forum for
judicial leadership represented by all
the Superior Courts of Pakistan.
Accordingly, invitations were
extended to all Chief Justices and
Judges of the Supreme Court,
Federal Shariat Court and High
Courts. In order to elicit constructive
collaboration with the bar, the
Attorney General, Advocates Generals, members of the Bar were also invited besides
retired legal luminaries, respected legal researchers, prominent media persons and
principals of law colleges. In all, about 150 participants were invited for the inaugural
and closing sessions individually; while for the rest of the conference sessions, about
100 participants contributed and gave their input.
4.5. Conference Declaration & Recommendations
In concluding sessions the Chairmen of the groups presented the recommendations of
the groups. A declaration or resolution was also drafted on the basis of the key
recommendations. The declaration of the Conference read out by the Chief Justice of
Pakistan. The recommendations are converted into a comprehensive conference
report, which shall be presented to NJPMC and LJCP for preparation of a consolidated
actionable document. Finally, this report will be presented to NJPMC, LJCP, Federal
Government, Provincial Governments and other stakeholders for consideration and
implementation.
After the presentation of declaration and resolution by Chairmen of groups the Chief
Justice of Pakistan/Chairman LJCP/NJPMC gave the concluding address in which he
highlighted the key areas and issues identified by the different groups and endorsed
some of the recommendations for their resolution. He also thanked the delegates,
34
members of NJPMC, staff of the LJCP who worked day and night to make this event a
success and media for giving coverage to this historical event.
At the end the Secretary LJCP thanked the chief justice of Pakistan for taking such keen
interest in holding this conference, hon’ble guests and delegates for their effective and
active participation, members of NJPMC, chairmen of the groups, staff of the LJCP and
media.
Declaration
Delay Reduction
It is resolved that procedural law particularly laid timeframes should be strictly
followed. Techniques, skills and knowledge of judges in effective case flow
management and use of ADR should be encouraged to reduce chronic delays. Court
Automation Plan for the entire judiciary should be fully operationalized including
standardization of case categories, clubbing and classification of cases. Frivolous
35
litigation should be discouraged though all available means including imposition of
costs. Adequate court infrastructure and requisite human resources should be made
available to the judiciary.
Alternate Dispute Resolution (ADR)
The present infrastructure of the judiciary should be strengthened to facilitate the
parties to use the good offices of the existing courts for ADR. Section 89‐A of CPC
should be amended to the effect that resort to ADR be made binding on the litigant
parties and the court should facilitate them in the process. The judiciary may embark
upon setting up a specialized system at all levels to provide a list of available
mediators, consultants and experts to provide ADR services. Awareness campaign
about ADR should be initiated. The Bench and the Bar should play their part to
promote ADR. A compulsory course of ADR should be made part of LLB degree course
in the country. The existing Local Government System of Anjuman‐e¬Musalihat should
be made easily accessible, gender sensitive and genuinely participatory without
changing the existing nomenclatures so that people at large can comfortably identify
with these being indigenous instruments of dispensation of justice.
Improvement in the Quality of Judgment
Skills and knowledge of judges should be enhanced for producing well written and
succinct judgments based in thorough analysis of facts and law. Research facilities
along with adequately resourced law enable the reader to acquire knowledge of
principles and application of law. The judgments of the superior courts should be
archived online and made available free of cost.
The capacity of judicial academies should be strengthened in order to undertake
imparting of innovative methods and techniques for quality judgment writing.
Exposure of judges to the international best practices in writing quality judgments
should be arranged through workshops, seminars and conferences, both within the
country and abroad. The curriculum of legal education institutions should be
structured in a manner so that law students can appreciate drafting and delivery of
quality judgments.
36
Pubic Interest Litigation
Urgent steps are required for initiating mass awareness campaign following the
principles of civil and political rights about public interest particularly through media,
conferences and seminars. Civil society should be mobilized aimed at public interest
litigation advocacy. The Courts should ensure widespread publicity of public interest
litigation directives through media and other sources. The High Courts and Supreme
Court should give remedies to the suffering masses by relaxing the rules providing
justice to all, as they being the guardian of the legal rights. The Bench and the Bar
should demonstrate greater understanding and cooperation for taking up cases of the
public interest litigation. Rules and procedures should be formulated to promote
public interest litigation should also take all possible initiatives to see that frivolous
litigation is nipped in the bud. Human right cells should be established within the court
premises so that a common man can be facilitated to have access to justice. Scope of
ombudsman working must be extended and utilized as an effective agency to advance
the cause of public interest litigation.
Legal Education
The standard of Legal Education must be brought at the level of education in the
advanced countries. The Semester system of examination should also be introduced in
the field of Legal Education. The syllabus and curriculum needs over‐hauling to help
aspiring lawyers in their role of problem solvers, arbitrators, counselors, negotiators
and administrators. The syllabi should also include subjects like human rights, gender
issues, ADR, WTO and globalization. In addition to the substantive and Procedural Law,
the Legal Institutions should teach Clinical Legal Education to make the students
understand practical problems and social injustice. The students should be encouraged
to provide Legal Literacy through Legal Aid Clinics on various issues such as gender
discrimination, domestic violence, child rights and environmental issues. The Higher
Education Commission should undertake responsibility of establishing Public Law
Universities for Higher Education to improve the Legal Education. The Legal Education
must be controlled and regulated by law under the supervision and control of Judicial
37
Policy Making Committee with the assistance of Bar Councils. The three Organs of
State i.e. Executive, Judiciary and Legislature should take effective steps for
improvement in the legal education system. The law should be taught as an
introductory subject at B.A. Level. A uniform Legal Education Policy should be
formulated. There should be a proper monitoring and supervisory system to regulate
the private law colleges in order to ensure quality education including capacity
building and institutional development. The foregoing recommendations should be
implemented within the framework enunciated in the Supreme Court judgment in the
case of Pakistan Bar Council vs The Federal Government & others (Constitution
Petition No.9 of 2005).
Judicial Independence
An independent judiciary is regarded as an essential ingredient of democracy, stability
in the system, peace and tranquility. The maintenance of law and order depend to a
considerable degree on the interpretation of the Constitution and legislative
instruments by the superior courts and its performance and operation. Professional
standards should be followed for appointment of judges as prescribed in the
Constitution. The security of the tenure of service of judges should be ensured as is
defined under Article 179 and 195 of the Constitution. Terms of service of judicial
officers should be defined along with a code of conduct which should be strictly
adhered to. The salary of the judges should be commensurate with the scope of work
and level of responsibility. The judges should be prohibited from earning an income
through commerce in order to maintain the highest standards of decorum. Judiciary
should not be made to depend for their administrative and financial needs, at the
mercy of the executive and such steps should be taken to make it financially
independent. For safeguarding judicial independence, it is of utmost importance that a
Judge should have complete sense of protection; in case he fails to deliver on
satisfactory decisions to the liking of the executive, he shall not be sacked. They must
be assured that their judgments would not cause their removal from office, and also
be completely free from apprehensions that their disagreeable views would lead to
38
undeserved punishment. The term of office should be fixed in a way that they can give
their honest opinion in cases in which any other branch of the State is a party. Inbuilt
methods of accountability should be made and observed so that such accountability
powers remain within the structure of superior Judiciary.
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4. Law & Justice Commission of Pakistan
Meeting Of NJPMC in Session
4.1. Activities of Law & Justice Commission during the year, 2007:
The meeting of the Law & Justice Commission of Pakistan held at Islamabad on 27 July 2007 The Commission made the following decisions/recommendations in its meeting held at Islamabad on 27th July 2007
Amendment in the Majority Act 1875
The Secretary explained that under Section 3 of the Majority Act 1875 the age of
attaining majority is fixed at 18 years, however, in cases where a guardian is appointed
for a minor or the property of a minor is taken under the superintendence of a Court
of Wards, the age of a majority of such minor ward gets extended under the law to 21
years, which is unfair and discriminatory. There is therefore a need to review the
provision, so as to fix a uniform age of 18 years for attaining majority, irrespective of
the fact as to whether a guardian is appointed or otherwise.
The Chairman enquired as to whether there exists any other law fixing age of majority
of a person as 18 years and the Secretary informed that a study was conducted by the
40
Commission’s Secretariat on this issue and a report to this effect is appended to the
working paper for consideration of the Commission. The Chairman responded that the
Secretary should conduct a study to examine the desirability of prescribing a uniform
age limit across the board for different functional requirements. The Chief Election
Commissioner referring to serial No. 15 on the list pointed out that under the Child
Marriage Restraint Act 1929 the age of the male is fixed as 18 years. He further stated
that for having a driving license under the Motor Vehicle law the age of a person is
fixed as 18 years. The Chief Justice, Federal Shariat Court informed that in the
Partnership Act, a 6 months period is given to a person on attaining of the age of 18
years for his option to remain partner of a firm. The Chief Justice, High Court of Sindh
expressed the view that under the Juvenile Justice System Ordinance 2002, a person is
juvenile before attaining the age of 18 years. The Chief Election Commissioner stated
that the Prohibition of Smoking Act permits the sale of cigarettes to a person above
the age of 18 years. The Chief Justice, Peshawar High Court said that in the Citizenship
Act 1951, the age of a person is fixed 21 years for the purpose of the Act. He further
observed that there should be no disparity in the age of majority. The Chief Justice,
High Court of Sindh stated that the age of 18 years is a standard age which may
uniformally be the age of majority for various purposes. Mrs. Nasira Iqbal stated that
in the Guardian and Wards Act and other laws, fixing the age of majority, may be
examined for the purpose of prescribing a uniform age limit.
The Chairman observed that different laws fix different age limits for the purpose of
such laws and the Commission is not touching the merits or demerits of fixing of such
age limits but there is a need to examine the issue of bringing uniformity in the age of
majority for various purposes. The Chief Justice, Federal Shariat Court observed that
where the superintendence of property of a minor is taken by the Court of Wards, the
age of 21 years may be fixed for majority so that the ward becomes mature to deal
with his property. The Secretary responded that this provision might have some
justification during the colonial era where large estates were owned by princes /
jagirdars and after their death their children would not be able to adequately look
after such vast property / estates, however in the present day, the estates of the
colonial period have vanished, therefore, the provision requires to be reviewed. The
41
Commission, therefore, recommended that section 3 of the Majority Act 1875 be
suitably amended to fix a uniform majority at the age of 18 years.
Amendment in the Guardian and Wards Act 1890
The Secretary explained that in section 6 of the Guardian and Wards Act 1890. It is
mentioned that a minor ‘who is not a European British subject’, which, provision being
old and having become redundant requires to be omitted from the Act. There exists no
separate law applicable to European British subjects after creation of Pakistan
therefore, the exception existing in the above provision of the Act need to be deleted.
The Commission agreed to the deletion of the words “who is not a British European
subject” from Section 6 of the Act.
The Commission further considered the discriminatory provisions contained in section
19 (b) of the Act providing that no guardian of minor be appointed by the court whose
father, in the opinion of the court is not unfit to be guardian of a person of the minor.
The above provision excludes the mother despite having a right to lawful custody of
the minor. Mrs. Nasira Iqbal and Dr. Arfa Sayeda Zehra, members of the Commission
stated that in the presence of mother having custody of a child no guardian of person
of the child may be appointed, if the mother is not, in opinion of the court, unfit to be
guardian of a person of minor. The Commission approved the proposed amendment in
section 19 (b) and also in section 41 (e) of the said Act with regard to reference of
mother of the minor therein.
Amendment of Section 250 Cr. P.C
The Commission examined the provision of Section 250 of the Code of Criminal
Procedure 1898, prescribing certain amount for compensation to be paid by a
complainant or informant to the accused, if a Magistrate is satisfied that the complaint
or the information for proceeding against the accused was found false or frivolous or
vexatious. The Chairman observed that the present amount of compensation earlier
enhanced in the year 1980, has lost its value because of increase in rate of inflation.
The Chief Justice, Federal Shariat Court observed that there is a tendency towards
42
false, frivolous and vexatious litigation in the society. The Commission, therefore,
recommended the enhancement of compensatory costs provided in subsection (2) of
section 250 Cr. P.C to be awarded by the Magistrate from Rs. 25000/‐ to Rs. 4000/‐ or
if the Magistrate is a Magistrate of the Third Class it be enhanced from Rs. 2500/‐ to
Rs. 3000/‐ and for the purpose of appeal under subsection (3) of section 250 the
amount be enhanced from Rs. 50/‐ to Rs. 500/‐.
Mr. Justice (R) Amirul Mulk Mengal stated that alongwith private complainant or
informant the state / prosecution agencies may also be brought into the check. The
Chairman observed that the prosecution agencies like police, FIA, immigration, or Anti
Narcotics agencies also file complaints which are later‐on found false or vexatious, and
the accused person suffers the agony of prosecution / detention in prison by
defending himself against the complaint against him. Therefore, the responsibility
should also be fixed on the state agencies who resort to such nefarious practices. The
Commission further added that courts awarding compensatory costs generally
overlook false and frivolous complaints despite having been proved false, therefore, it
should be made mandatory for the Court to award compensatory costs, if the
complaint is proved false or frivolous.
The Chief Justice, High Court of Sindh expressed the view that the recovery of
compensation through Collector as arrears of land revenue is also a problem as the
Executive Officers are generally non‐cooperative in the recovery process of
compensation, even though the complaint is found false. So, the Magistrate may be
given a power to recover the compensatory amount from the complainant, which
power may vest in the Magistrate. The Chairman observed that the amendment as
proposed may be carried and suggestion made by Mr. Justice (R) Mengal and the Chief
Justice, High Court of Sindh may be examined by the Secretariat.
43
Amendment in Section 102 of CPC
The Commission examined the provisions of section 102 of the Code of Civil Procedure
containing mention of the Court of Small Causes which provision has become
redundant on the repeal of Provincial Small Cause Courts Act 1887, by section 42 of
the Small Claims and Minor Offences Courts Ordinance 2002. It therefore requires
mention of the present law. The Commission approved the substitution of the word
“claims” for the words “causes” to make the Section 102 CPC operative for the
purpose of new law currently in force.
Omission of Sub‐rule (I) of Rule 4, Order XX of CPC
The Commission considered Rule 4 of the Order XX of the Code of Civil Procedure 1908
and found its sub‐rule (1) referring judgment of the Court of Small Causes as
redundant in view of the repeal of the Provincial Small Cause Courts Act 1887. The
Commission, therefore, recommended the repeal of sub‐rule (1) of Rule 4 of Order XX
of the Code of Civil Procedure and renumbering of its sub‐rule (2) as Rule 4 of the said
Order.
Amendment of Section 400, 401 and 402 PPC
The Commission considered the proposal of the Secretariat that the words “at any
time after passing of this Act” used in sections 400, 401 and 402 if the Pakistan Penal
Code 1861 have become obsolete / redundant after passing of period of about one
and half century and now the commission of the offence under the said section have
no relevance with the exception provided to the offences of the period before passing
of the Act. The Commission therefore, approved the omission of the words “at any
time after passing of this Act” from all the three sections of the Pakistan Penal Code.
Amendment in Section 2 of the Succession Act 1925
The Commission considered the pre‐independence reference contained in the
Succession Act 1925 about the Christians of unmixed Asiatic descent which class no
more exist at the present in Pakistan and all the Christians in the country are native
44
Pakistani Christians therefore, reference of the pre‐partition period about the
Christians of unmixed Asiatic descent requires to be deleted from section 2 of the
Succession Act 1925. The Commission agreed with the proposal to delete the above
reference from Section 2 (d) of the Succession Act, 1925.
Amendment in Column 7 of Schedule II of the Cr. P.C
The Commission took note of the punishment of imprisonment of ten years provided
in Section 337A (v) of the Pakistan Penal Code 1860 which is reflected incorrectly in
column 7 of schedule II of the Code of Criminal Procedure 1898 as 14 years. The
Commission is of the view that the discrepancy in the Code of Criminal Procedure
seems to be clerical / typographical mistake. It therefore approved that reference to
punishment in Column 7 of Schedule II of the Cr. P.C may be corrected in accordance
with the punishment provided in section 337A (v) of the Pakistan Penal Code by
substituting the words “ten years” for the words “fourteen years”.
Amendment in Section 95 of CPC
The Commission considered the amount of compensation provided in Section 95 of
the Code of Civil Procedure to be awarded to a party on the arrest, attachment or
injunction obtained by the other party on insufficient grounds or on failure of the suit
on appearing to the court that there was no reasonable ground for initiating the action
of filing of suit. The Secretary, Ministry of Law & Justice informed that a proposal of
enhancement of amount of compensation has already been in the Law Reform Bill
pending with the Mediation Committee in the Parliament. The Chief Justice, Federal
Shariat Court observed that Section 95 of the CPC bars any civil suit for the purpose.
The Chairman observed that it only bars the claim in the form of compensation and
not the claim for damages. The Chief Justice, Peshawar High Court observed that
compensation should be awarded on application of the defendant. The Chief Justice,
High Court of Sindh observed that the existing power of awarding compensation is also
subject to the condition of not exceeding pecuniary jurisdiction of the court. However,
the Commission, in view of proposal being taken care of in the Law Reforms Bill in the
Parliament, desired that the Secretary, Ministry of Law, Justice and Human Rights may
45
take care of the proposal. On the pointation of Chief Justice, Peshawar High Court, the
Commission recommended suitable amendment to Section 298 of the P. P. C for
substituting the word “wounding” with the word “hurting”
Amendment in Section 35 (A) of CPC
The Commission considered the proposal of enhancement of the amount of
compensatory cost in respect of false or frivolous claim under section 35A of the Code
of Civil Procedure in view of decrease in value of money by inflation. The Commission
by agreeing to the proposal recommended the enhancement of cost to Rs. 50000/‐ as
against the present amount of Rs. 25000/‐. The Commission also recommended for the
omission of first proviso of the said section referring the Court of Small Causes and for
the insertion of word “further” in the 2nd proviso to the said section and renumbering
it as first proviso.
Amendment in the Dowry and Bridal Gifts (Restriction) Act 1976
The Secretary explained the background of proposing a new draft bill for replacing the
existing Dowry and Bridal Gifts (Restriction) Act 1975 to the Commission. The bill was
prepared in consultation with the Ministry of Religious Affairs desiring to place it as
Government Bill in the National Assembly as against a private member bill on the
subject. The draft law, keeping in view the decrease in purchase value of money,
proposes some enhancement in the prescribed amount / value of dowry and bridal
gifts. The Chief Election Commissioner observed that the present prescribed limits of
value of the dowry and bridal gifts may stay. According to him such laws are made for
satisfaction of the poor segments of the society. The Chairman observed that the poor
parents may not be able to meet the demand, if the value is increased. He further
observed that public opinion may be solicited by holding workshops in collaboration
with the NCSW at various places on the subject. The Secretariat was therefore asked to
examine the issue afresh and submit a revised report after further study /
examination.
46
Amendment in Sections 54, 68, 70(2), 71, 72 & 93 of Order XL of the Code of Civil
Procedure 1908.
The Commission considered the proposed amendment in Sections 54, 68, 70 (2), 71,
72 & 93 of Order XL of CPC 1908, for substitution of the word “District Coordination
Officer” for the word “Collector” contained therein. The Chief Justice, Peshawar High
Court explained that Section 28 (5) of the Local Government Ordinance have been
deleted in the NWFP, Sindh and Balochistan and might have been done so in the
Punjab and the District Officer Revenue exercises the powers of Collectors under
various laws. Therefore, the Commission dropped the proposal.
Amendment in Section 516 A Cr. P.C
The Commission considered the amendment proposed in section 516 A of the Code of
Criminal Procedure proposing substitution of reference of the Dangerous Drugs Act
1930 on its having been repealed by the Control of Narcotic Substances Act 1997. As
being a consequential amendment, the Commission approved the substitution of the
words “Dangerous Drugs Act 1930” with the words “Control of Narcotic Substances
Act, 1979” in section 516 A of the Cr. P.C.
Item No. 14 Amendment in the Child Marriage Restraint Act, 1929
The Commission considered the proposals of reform of Child Marriage Restraint Act,
1929 and observed that the existing punishment of imprisonment as well as of fine in
sections 4, 5 and 6 of the Act may be made more deterrent and a female guardian of
minor child may also be made equally punishable, if she performs marriage of a minor
child in her custody. The Commission therefore, approved that in section 4, 5 and 6
(1) of the Act, the punishment of imprisonment may be enhanced from one month to
three months and the fine from Rs. 1000/‐ to Rs. 25000/‐. The proviso to section 6 (1)
be omitted. Sub‐section (2) of section 6 be suitably amended to remove the bar and
enable any person eligible to file a complaint of the offence instead of taking
47
cognizance by the court on complaint of Union Council or of an authority prescribed by
the Provincial Government. The Commission also recommended enhancement of
punishment of imprisonment from six months to one year and the fine from Rs. 1000/‐
to Rs. 25000/‐ provided in subsection (5) of section 6 of the Act on disobeying
injunction issued by the court. The proviso to the section 6 (5) exempting a woman
from the punishment of imprisonment was also recommended to be omitted.
Amendment in the Code of Criminal Procedure 1898 for Substitution/Deflection of Obsolete Provisions The Commission considered reference of the “Evidence Act 1872 occurring in section
94, 172, 244A, 265J, 507 and 533 of the Code of Criminal Procedure which have been
repealed by the Qanoon‐e‐Shahadat Order 1984 and recommended that the Qanoon‐
e‐Shahadat Order with its relevant Articles may be substituted for the corresponding
sections of the Evidence Act. The Commission also recommended omission of
reference of the repealed West Pakistan Press and Publication Ordinance 1963 and its
clause (JJ) in section 99‐A Cr. P.C wherever occurring and substituted by the
Newspaper, News Agency and Books Registration Ordinance 2002. The Commission
approved the omission of proviso to Section 471 Cr. P.C providing for detention of
lunatic in the asylum established under the Lunacy Act, 1912 on repeal of the Act by
the Mental Health Ordinance 2001 not providing for any such asylum.
Amendment in Sections 294‐A & 294‐B of the Pakistan Penal Code The Commission dropped the proposal of amending section 294‐A and 294‐B of the
Pakistan Penal Code having ceased to be in force on the direction of the Shariat
Appellate Bench of the Supreme Court. The Court came to such conclusion when the
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provisions were found to be in conflict with the injunctions of the Holy Quran and
Sunnah. The Court observed that Article 203 (D) of the Constitution prescribes a
mechanism of carrying out directions of the Federal Shariat Court and Shariat
Appellate Bench of the Supreme Court and the Secretary, Law & Justice Division may
bring it to the notice of the President for carrying out directions of the Court.
Additional Item Delay in Disposal of Cases in Subordinate Courts Requiring Legislative Changes The Commission considered the letter of the Chief Justice, High Court of Sindh with
respect to an amendment in the Law Reform Bill 2005, currently pending in the
Parliament. The amendment seeks to separate the criminal and civil functions of the
courts. The Chief Justice stated that in case the proposed amendment is carried out, it
will adversely affect the functioning of the courts.
Such amendment goes contrary to the established system and working of the courts,
where under the civil and criminal functions are performed by the same judicial
officer. The Commission observed that the proposed amendment will create several
hardships and will hinder the smooth functioning of administration of justice. The
judicial officers are assigned functions of civil/criminal nature by the respective High
Courts. It was pointed out that in far‐flung areas where ordinarily one judicial officer is
sufficient to carry the civil/criminal functions, the proposed amendment will
unnecessarily entail the creation of additional post of a judge. The Commission
therefore observed that the Secretary, Ministry of Law & Justice should convey to the
Government its observations on the issue. The Commission also examined the other
proposal of the Chief Justice, High Court of Sindh for repeal of section 14(A) of the
Arms Ordinance, 1965, providing for separate trial. It was pointed out that an
appropriate amendment to that effect has already been recommended by the
Commission and forwarded to the government for implementation.
49
The Commission took exception to the casual attitude of the relevant authorities in not
timely processing its recommendations to the relevant legislative bodies for
consideration/implementation. It stated that its recommendations are aimed at
reforming the legal/judicial system, so as to modernize such system, thereby enabling
the courts to expedite trial proceedings and render timely decisions. It would become
a futile exercise, and the deliberations of the Commission would be wasted, unless
they are being paid proper attention by the Government. It further stated that the
Commission being a high‐statured body, should receive due importance and attention.
The Commission also objected to the current practice of its reports/recommendations
being forwarded to the concerned agencies/departments for review/opinion. It stated
that such exercise is already being carried out by its Secretariat, therefore, its
recommendations must reach the proper forum in time and there should be no delay
in placing its recommendations to the relevant legislative bodies for
consideration/implementation. The Secretary, Ministry of Law & Justice was asked to
find out the implementation status of Commission’s earlier reports/recommendations
and submit a report to this effect in the next meeting of the Commission.
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5. National Judicial (Policy Making) Committee:
The National Judicial (Policy Making) Committee was established in 2003 and has since become functional. During 2007, the Committee meet two times and made the followings decisions:
5.1. Meeting of the National Judicial (Policy Making) Committee held on 23rd
June 2007 at Islamabad
Implementation of recommendations of National Judicial Conference
The Secretary explained the background of this agenda item. The NJPM considered the
recommendations formulated in the National Judicial Conference organized on 9‐11‐
February 2007 at Islamabad, which was attended by the Chief Justice and Judges of the
Supreme Court, Federal Shariat Court and High Courts as well as members of the bar,
legal academics, civil society organizations and representatives of the print / electronic
media. Recommendations were formulated on 6 thematic issues, namely delay
reduction, alternative disputes resolution, improvement in the quality of judgment,
public interest litigation, improving the quality of legal education and judicial
independence. The members observed that the recommendations formulated by the
National Judicial Conference are very useful and should be implemented in earnest.
The Committee observed that the recommendations consist of two parts, the law
reforms which may be examined by the Secretariat of Law and Justice Commission of
Pakistan and the administrative directions for enforcement, which may be
implemented through appropriate orders, issued by the concerned agencies i.e.
Courts, Higher Education Commission, Universities, bar Councils etc. The Committee
therefore, decided that these recommendations be forwarded to all institutions of the
justice sector namely, Supreme Court, Federal Shariat Court, High Courts, Pakistan Bar
Councils and Provincial Bar Councils for implementation. The recommendations in the
area of improving the quality of legal education be forwarded to the Higher Education
Commission, Governors (as Chancellors) and universities for enforcement. These
institutions will examine the recommendations and furnish their input to the NJPMC
within a period of 3 months. The Law and Justice Commission would draft the
legislative proposals based in feedback / input, received from the relevant institutions.
51
The Chief Justice, Lahore High Court informed that the Punjab University has started
five years LLB course and proposed that the rest of the universities may follow suit.
The Chairman pointed out that the private law colleges are affiliated with the
universities and they should supervise / monitor their functioning for enhancing the
quality of legal education. The Chief Justice, Federal Shariat Court bewailed the falling
standards of legal education. He said that the country has no national law university,
however, there is a proposal with the Federal Government to establish such university,
with campuses in provincial capitals. The Committee expressed its dissatisfaction over
the deteriorating standards of legal education, being imparted in the law colleges in
the public as well as in the private sector, and stressed upon the need for reviewing
the curriculum of the law colleges to make it more relevant to the present‐day
requirements, improvement in the quality of teaching faculty and limiting the strength
of students in LL.B classes. The Secretariat of NJPMC will prepare and submit a
comprehensive report for consideration of the NJPMC, after receipt of input /
feedback from the relevant institutions / agencies.
National Corruption Perception Survey 2006
The NJPMC considered the Report of Transparency International – Pakistan Chapter on
National Corruption Perception Survey 2006, in which the perception about corruption
pertaining to 10 institutions / departments of the Government is reported. The NJPMC
took serious note of the complaints of corruption in the judiciary, particularly, amongst
the judicial officers and courts staff at the level of subordinate courts. It also examined
the perception of corruption prevalent in the related agencies like Investigation
Department, Prosecution Agency, etc and resolved that corruption in any form or
manifestation is unacceptable and must be eradicated. The Chief Justice, Lahore High
Court observed that there are complaints of some unscrupulous lawyers receiving
money in the name of Presiding Officer. He added that amendment proposed to the
Legal Practitioners and Bar Councils Act 1972, enabling the superior courts to play a
role in maintaining discipline in courts, was not agreed to by the Government. The
Committee observed that Ordinance No. XVI of 1985 may be examined by the
Secretariat of the LJCP for further consideration of the issue. The Chief Justice, Lahore
52
High Court further observed that the TI Report merely conveys perception and could
be motivated. He also proposed the publication of an Annual Report of NJPMC to
inform the public of various steps taken by the NJPMC for reforms and improvement in
the administration of justice. The Chief Justice, High Court of Balochsitan stated that
the judicial branches in the High Courts may be strengthened to keep vigil of
performance on court staff. The committee observed that it can be done by the High
Court itself. The Chief Justice, Lahore High Court, expressed the view that the Lahore
High Court has brought all the complaints on computer system, therefore, timely
actions are initiated without delay. The Committee observed that with automation in
the Courts, all the courts will be in a position to keep strict check on such activities.
The Chief justice, High Court of Sindh expressed the view that since the High Courts
have acquired the necessary powers to initiate action and award punishment for
matters relating to indiscipline, inefficiency or violation of Code of Conduct on the part
of judges / administrative staff of subordinate judiciary, they can take full advantage of
the enabling provisions and award punishment to cleanse the courts of corrupt
elements. He further suggested that perhaps the Law and Justice Commission of
Pakistan needs to review the Efficiency and Discipline Rules of the government
servants (which are also applicable to Judicial Officers) and see as to whether or not, in
keeping with the requirements of natural justice and the law, the number of notices
required to be issued to accused government servants may be reduced. After
consideration of report, the NJPMC directed that the said report be forwarded to the
justice sector institutions i.e. Supreme Court, Federal Shariat Court and High Courts for
taking necessary measures to check corruption amongst the judicial officers as well as
courts’ staff and also in the personnel of related institutions i.e. investigation /
prosecution branches. The High Courts will take further steps and plan strategies foe
taking disciplinary action against concerned officials and report the action taken and
measures adopted to the NJPMC for coordination and information to the general
public, so as to repel the incorrect perception of corruption in courts and convey a
clean image of the judiciary.
(a) Establishment of Family Courts in each District
53
(b) Difficulties in Establishment of Family Courts in Tribal Areas of the Balochistan
The Secretary informed the members of the background to and progress made in
creating additional posts of women judges to preside over the Family Courts. The
NJPMC expressed satisfaction over the implementation of its earlier recommendation
to the effect that more female judges should be appointed in the subordinate courts
so that they may preside over the Family Courts. In this regard, the respective
provincial Governments have already sanctioned additional posts of female judges for
appointment under the Family Courts Act, 1964. Thus, 35 posts of female judges have
been sanctioned by the Government of the Punjab, 24 by the Government of
Balochistan. In addition, posts of support staff have also been sanctioned. The High
Court of Balochistan has already appointed such female judges, whereas the remaining
High Courts are in the process of advertising such posts to induct qualified and
competent judges on merit. The Chief Justice, High Court of Balochistan informed that
with a view to establish Family Courts in the tribal areas of the Province, necessary
amendments are required in law, and in this regard the High Court has already
communicated to the Government for appropriate amendments. The NJPMC approved
the suggestions so as to enable the establishment of Family Courts in the tribal areas
of Balochsitan.
Non‐Acceptance of Women as Surety in Bail Matters.
The NJPMC considered the complaint of non‐acceptance of women as surety in bail
matters in criminal cases and observed that there is no bar in the law for a woman to
stand as surety for an accused person to be released on bail. It was, therefore, decided
that the respective High Courts will issue directions to the subordinate courts not to
discriminate on the basis of gender and accept women as sureties, when they execute
bonds to the satisfaction of the court.
Elimination of Perjury
The NJPMC considered ways and means to eliminate the evil of perjury in the courts.
The Committee observed that the law is already available in the Pakistan Penal Code
54
and the respective High Courts may issue directions to the subordinate courts for
taking strict action against the perjurer, who give false statement or present forged
documents or false affidavit in the court.
Publication of Summons Notices in the Weekly / Periodicals
The NJPMC took notice of the publication of court summons / notices in periodicals or
magazines with limited circulation. It decided that such notices should be published in
the newspaper having wide circulation. The Committee observed that publication of
summons in the magazines instead of daily newspaper is contrary to the rules
contained in the Code of Civil Procedure. The Chief Justice, Lahore High Court pointed
out that the instructions for observance of High Court Rules for publication of
summons have already been issued to the Judicial Officers. The Committee decided
that the Code of Civil Procedure and Rules and Orders of the High Court should be
strictly followed and in this regard summons and notices must be published in the daily
newspaper having sufficient circulation in the area where the defendant resides.
5.2. Meeting of the National Judicial (Policy Making) Committee held on 8th September, 2007 at Islamabad
The Secretary explained the background of the Automation Plan for Supreme Court,
Federal Shariat Court, Provincial High Courts and Subordinate Courts. He informed that
the Sub Committee on Automation Plan has finalized the standardization of case
categories, which requires approval for the preparation of software.
The Chairman took serious note of delay in implementation of Automation Plan of the
judiciary. The Chairman enquired the reasons for a prolonged delay for
implementation of Automation Plan and the person responsible for non‐completion of
the project timely. The Project Director, PMU responded that the delay was mainly
due to lengthy process of contracting for the procurement of the equipment. The
Chairman observed that the Project Director may communicate to the concerned
agency that because of rapid development in the field of Information Technology, any
given system could turn obsolete / outdated in two / three years. He said that the
funding for the Automation Plan is delayed. He added that the concerns of the NJPMC
55
will be communicated to the concerned quarters. The Committee stressed that Courts
automation may be completed as soon as possible and also extended it to the lower
judiciary, all the Bar Councils and Bar Association in the country.
The Project Director informed that the requisite hardware has already been supplied
to the Supreme Court and all Provincial High Courts. For purchase of hardware for
Federal Shariat Court an amount of Rs. 20.00 million has been approved and the
amount will be released shortly. The process of procurement of hardware will be
completed by the Federal Shariat Court. He further informed that in second phase, the
PMU has initiated the process for procurement of software and the nature of requisite
software has already been identified.
The Chairman showed dissatisfaction over the lists containing standardization of case
categories in the Supreme Court, Federal Shariat Court, High Courts as well as
Subordinate Courts, prepared by the Law and Justice Commission of Pakistan with the
assistance of focal persons i.e. Deputy Registrars (Judicial) and I.T experts of various
Courts. The Committee directed that case categorization is for convenience of the
public at large, therefore it should be according to the statutes and international
standards. The model practiced by Singapore and UK, etc should also be examined to
improve the case categorization list in Pakistan. The project should be completed by
the LJCP Secretariat in consultation with Mr. Zafar Ahmed Sherwani, District & Sessions
Judge, Hyderabad. Final list will be shown to the Chief Justice, High Court of Sindh for
fine tuning / approval. The approved list will be forwarded to PMU for preparation of
software. The Chief Justice was requested to complete the exercise in one month time.
With a view to expedite the implementation of Automation Plan and as so as to timely
remove hiccups, if any, in the process of implementation, a Sub Committee comprising
Chief Justice, High Court of Sindh, Secretary, Ministry of Law & Justice and Project
Director, PMU was constituted for the purpose.
The I.T. expert of PMU gave presentation of Automation Plan for the Judiciary and
briefly indicated the first phase of plan which has been completed and thereafter in
second phase they are ready to launch pilot projects in five districts of Punjab in
56
relation to automation. The Committee further stressed that the Video Conferencing
facility like the one established between the District Jail and the District Court, Lahore
may also be set up in other Provinces. The Committee also enquired about the status
of implementation of Video Conferencing System in Supreme Court, Federal Shariat
Court and High Courts. The Secretary informed that the Purchase Committee initially
scrutinized the equipment requirement with the assistance of Technical members of
the Committee and is soon going to float tender for procurement of system. The
Committee also considered the setting up of an entity comprising LJCP and a Private
Agency as public‐private partnership to manage the Automation Plan and keep the
software updated with new developments in the field. It further advised the PMU
Consultant to prepare a brief on the composition / functioning of such entity and
present it before the Committee in the next meeting. It was decided that such entity
shall function in supervision of the Secretariat of law and Justice Commission of
Pakistan for keeping the automation system updated.
A Neutered Justice System
The Committee took note of an article published in daily “The News” relating to non‐
implementation of Juvenile Justice System Ordinance, 2000 regarding the trial of
juvenile offenders. The committee observed that High Courts may direct the lower
courts to assure that legal safeguards are available to juveniles under the said
Ordinance. The Committee also laid stress on early conclusion of such trial. The other
High Courts may consider preparing a check list of every case before taking cognizance
of an offence to see as to whether the accused is minor or not and in case it is
determined that accused is a minor / juvenile, the trial must be conducted in
accordance with the Juvenile Justice System Ordinance 2000.
57
Revival of the Defunct Courts of the District Magistrates
The Committee took serious note of corruption alleged against subordinate judiciary
and absence of presiding officers from the Courts. The Committee decided that the
Judges of respective High Courts and Members of Inspection Team may frequently
make surprise visits of the lower courts and report any deviation from the law in
judgments as a result of inefficiency or corrupt practices.
The Committee also showed concern over the delay in the disposal of cases and
observed that the Bar and Bench have equal responsibility in the quick disposal of
cases and both should discharge their responsibility to avoid unnecessary delay in
disposal of cases. It stressed upon an effective strategy to discourage adjournments
and expedite the trial proceedings.
The Committee also considered the current unchecked price‐hike due to absence of
proper price control mechanism. The Chief Justice, Peshawar High Court observed that
the N.W.F.P Government has appointed Price Control Magistrates under the Consumer
Protection Act. Such Magistrates exercise judicial power but their appointment is
without consultation with High Court. The Committee resolved that a letter may be
sent to the Secretary, Law, Justice and Human Rights Division for inviting attention of
the Government to the requirements of separation of the judiciary from the executive,
in line with the precedents set in judgments of the Supreme Court of Pakistan in the
cases of Sharaf Faridi and Azizullah Memon etc.
The Committee observed that an effective mechanism may be evolved for price
control through the executive authorities and the Judicial Magistrates may not conduct
field visits for the purpose.
The Committee also observed that the judiciary needs to gear up and appropriately
respond to the rising expectations of citizens regarding expeditious disposal of cases to
reduce backlog in Courts. The Chairman observed that the Supreme Court is dealing
with a large number of complaints received from aggrieved persons. The Supreme
Court alone could not handle all such complaints, therefore, the High Courts may also
58
explore avenue of making resort to non‐traditional methods of litigations with a view
to attend the cases and complaints failing under the jurisdiction of such High Courts.
The Committee decided to continue its deliberations on this issue and other items on
the agenda by convening another meeting of the Committee in the near future.
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7. AJDF Workshops
The Government of Pakistan (GoP) has established Rs. 1.5 billion Access to Justice Development Fund (AJDF) as a statutory endowment to address the issue of chronic budgetary constraints facing the law and justice sector institutions. AJDF represents a unique component of Pakistan’s ongoing $ 350 million Access to Justice Program (AJP). By establishing AJDF the GoP has ensured an innovative, independent and flexible extra‐budgetary support to improve the functionality, independence and service delivery components of hitherto under‐resourced judiciary. The AJDF is located with Law and Justice Commission of Pakistan (LJCP), which provides secretariat support to AJDF. LJCP has constituted a Governing Body with a mandate to manage and administer the Fund. In addition to GB, the Technical Evaluation Committee (TEC) ensures sound technical evaluation of the project proposals received by the LJCP from various stakeholders of the justice sector. The AJDF was operationalized couple of years back when its accounting procedures were approved and up till now the LJCP has accumulated a significant amount of funds through investment of AJDF endowment in government‐approved investment schemes. In order to promote awareness and disseminate information amongst stakeholders on AJDF, last year the LJCP organized a series of workshops across the country. The rationale of organizing these workshops was to sensitize and create understanding about the nature, purpose and character of AJDF with a view to build informed ownership of AJDF. Keeping in view the experience and feedbacks received from the participants, the LJCP organized a series of workshops at Islamabad, Karachi, Quetta and Peshawar during the months of July, August and September 2007.
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Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan addressing the
AJDF workshop at Islamabad
The first workshop was held on 28th July 2007 at Islamabad in the Ceremonial Hall of the Supreme Court, the same was presided over by the Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry. In his inaugural speech he remarked the Access to Justice Development Fund (AJDF) as an instrument for improvement of judicial system. He further added that AJDF provides sufficient financial resources on permanent basis to address the vulnerability and other related problems being faced by weak, poor and disadvantaged groups in society through promotion of legal empowerment. The Chief Justice commended LJCP in administering and managing AJDF in an effective and transparent manner and drawing up a plan for utilizing the funds to achieve its goal. He appreciated the role of LJCP for entering into partnership for promotion of legal empowerment under AJDF and shared with the audience that till now over 100 proposals for various projects under legal empowerment fund window were received out of which 19 have been approved with a cost of 20 million. Justice Iftikhar Muhammad Chaudhry expressed great satisfaction over the contribution of LJCP for utilizing the funds in best way for overall development of Judiciary and legal empowerment. He also urged the participants to contribute for promotion of healthy, vibrant and independent judiciary in Pakistan through their invaluable suggestions.
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During his presentation in workshops at Islamabad, Karachi, Quetta and Peshawar, Dr. Faqir Hussain Secretary LJCP said that purpose of holding series of workshops is to create awareness at the national level about AJDF particularly amongst civil society organizations. The AJDF workshops, according to him, will also help in mobilizing the stakeholders for sustained and constructive engagements in a purposeful discussion on AJDF's process and activities in the
country. The second workshop was held at Karachi Sheraton Hotel on 1st September 2007, the inaugural session was to preside over by the Chief Justice, High Court of Sindh but he couldn’t come due to indisposition; however his speech was read out by Mr. Justice Sarmad Jalal Osmany, senior puisne Judge. He noted that in the past shortage of funds had greatly affected the service delivery system of the law and justice sector but now through AJDF efforts are being made to improve the system to restore the confidence of people in judicial system of the country.
Mr. Justice Sarmad Jalal Osmany, Senior Puisne Judge, High Court of Sindh addressing
the AJDF workshop at Karachi
Dr. Faqir Hussain,Secretary, LJCP addressing the workshop at Islamabad
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Mr. Justice Amanullah Khan, Chief Justice High Court of Balochistan addressing the
AJDF workshop at Quetta. The third workshop of the series was held at Quetta on 4th September 2007, the inaugural session was presided over by the Chief Justice, High Court of Baluchistan Mr. Justice Amanullah Khan. He lauded the role of LJCP in administering AJDF and remarked that each and every citizen of the country can play a vital role in the improvement of Justice delivery system of the justice sector. He invited the researchers and academia to initiate proposals relating to legal empowerment and innovations for the underdeveloped regions of the province.
The workshop held in Peshawar on 11th September 2007 produced a very constructive discussions, it was presided over by the Chief Justice of Peshawar High Court Mr. Justice Tariq Pervez. While addressing, the Chief Justice said that the justice sector remained one of the most neglected sectors in our
Mr. Justice Tariq Pervaiz, Chief Justice High Court of Balochistan addressing the AJDF workshop at Peshawar.
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country, which breed evils and increased the suffering of poor and vulnerable segments of the society but Thanks to AJP that initiated reforms which showed positive signs of improvement. The Chief Justice appreciated holding of workshop which according to him would help the stakeholders working in NWFP to gain deeper understanding about the AJDF. He also suggested certain useful proposals to ensure proper utilization of the amount with maximum benefits. He also invited the audience to come forward for harvesting this opportunity to bring the much needed improvements to strengthen our legal system. At the end of each workshop, the participants formed groups for discussions and actively presented their suggestions and recommendations to further strengthen the AJDF operational framework to make it more easily accessible with a view to achieve maximum benefits out of this opportunity.
To sum up, the series of AJDF workshops provided a valuable opportunity for participants to gain understanding on different aspects of AJDF. One of the key objectives achieved by the workshop was the opportunity to mobilize justice sector leadership for sustained and constructive engagement in a purposeful consultation on AJDF processes and activities. Their valuable suggestions and ideas contributed to the policy inputs needed for successful implementation of AJDF .In all workshops, the participants expressed their appreciation for the Federal Government regarding creation of a permanent Fund at the federal level which they unanimously agreed will significantly help in improving citizen’s easy access to justice
5.3. Key Recommendations One of the main purposes of holding a series of Orientation and Consultation workshops across the country was to collect different perspectives and suggestions for further improvements in AJDF processes, procedures and systems in order to make accessibility and utilization of AJDF resources more easy, effective and efficient. Following are the recommendations of the workshops:‐ Islamabad Workshop
For provision of free legal assistance to poor and vulnerable groups in Human rights cases a Legal Aid Foundation may be established in collaboration with AJDF.
Heads of the fund utilization need to be reorganized. For legal and judicial research a Legal Cell may be established in the Higher Education Commission (HEC) in collaboration with Fund.
Amount allocated for sustaining the innovations in legal education needs to be enhanced and Fund may also be made available for law students doing research work at Master’s or PhD Level
Professional Managers should be hired by AJDF for running this program and there should be a quarterly newsletter about activities of the Fund
Funds for legal aid should be distributed through Registrars of the High Courts instead of Bar Associations
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Through Liaison with Law and other ministries, identical projects could be clubbed together to avoid overlapping and spend money smartly.
Funds allocated for High courts may be utilized or dispersed through respective High Court instead of LJCP.
Impact assessment survey may be conducted to know as to how the funds are being utilized or underutilized.
Since media lacks knowledge about the limits of court reporting, training for journalists should be arranged under the Fund.
FM radio station should be funded for legal education of the public. Quetta Workshop
Participants representing different NGOs stated that in Balochistan most of the local NGOs are new born and do not meet the criteria prescribed by the Law and Justice Commission of Pakistan to access funds under Legal Empowerment Window. They unanimously suggested that prime importance should be given to the proposal and if the same is viable then the prescribed standard may be relaxed keeping in view the socio political conditions of the Province. The suggestion was duly endorsed by Mr. Justice (R) Amir‐ul‐Mulk Mengal, former Chief Justice of Balochistan.
To avoid drop‐page of project proposals on technicalities, the participants stressed upon the need of coordination between the management of the AJDF and interested NGO. They were of the opinion that the representative of LJCP should visit Balochistan well in time before the last date of submission of proposal to assist the interested NGO for refining their proposals.
Peshawar Workshop
The District & Sessions Judge Charsadda pointed out that funds have been released to some NGOs in his district for carrying certain activities without verification of their status. Similarly, there has been no monitoring process after release of funds. He suggested, that in order to avoid loss of funds and further to ensure that the same are utilized for the purpose(s) for which the funds are released, that (i) before releasing funds to any NGO, it should be ensured that it does not only exist on papers, but has virtually experience in the relevant field and has been actively engaged in the desired/required activities, and (ii) there should be proper monitoring and evaluation system in place. The activities undertaken with the funding under AJDF should be fully monitored and outcome of the activities fully evaluated.
These suggestions were also seconded by Mr. Abdul Latif Afridi, President Peshawar High Bar Association.
Mr. Muhammad Nawaz of Youth Parliament of Pakistan pointed out that no time frame has been given for approval of proposal submitted to Law & Justice
65
Commission of Pakistan for funding from the AJDF. He suggested that there should be some definite time frame within which proposals submitted to the Law & Justice Commission of Pakistan should either be approved or rejected and the concerned quarters informed accordingly. Similarly, there should be specific time‐frame for completion of activities under the AJDF and such a time‐frame should invariably be intimated to the concerned quarters and it should be ensured that the same is adhered to and followed in letter and spirit.
Ms Rakhshanda Naz of Aurat Foundation pointed out that in order to properly assess the impact of various projects under AJDF, gender segregated data should be collected.
A participant referred to Free Legal Aid Committees under the Juvenile Justice System Ordinance, 2000 (JJSO) and suggested that there should be some sort of a nexus between the Free Legal Aid Committees under JJSO and District Legal Empowerment Committees, so that juvenile prisoners could also be benefited from the funds and facilities available under the ADJF.
Prof. Akhtar Ali Khan, Principal, Frontier Law College, Peshawar suggested that keeping in view importance of Alternate Dispute Resolutions (ADRs), research on ADR should be encouraged under Legal & Research Window of the AJDF.
Mr. Mujtaba Khan, Special Judge, Anti‐Corruption Court, Peshawar suggested that for the purpose of free legal services, the special courts may not be excluded, as many people on trial in special courts also cannot afford to hire services of lawyers.
Ms. Maryam put forward the following suggestions:‐
Jirga in our society is one of the old informal institutions through which disputes are resolved outside courts. However, there is no data available on decisions of the Jirgas to evaluate impact of this non‐formal justice system. She proposed that funds under AJDF can be utilized for creation of this data bank for bringing improvements and reforms in this traditional system of ADR.
There is no clarification as to whether or not any NGO after submitting a proposal can submit subsequent proposal(s) for funding from AJDF. This position needs to be clarified and intimated to the concerned NGO(s).
Multiple NGO proposals should be encouraged. Many NGOs should be encouraged to come up with a single proposal for approval and subsequent execution. This would give multidimensional approach and would also ensure checks and counter checks in matters of utilization of funds for the desired purpose(s).
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Mr. Muhammad Tariq Sohail, Provincial Program Manager (AJP) suggested that since AJDF is an endowment fund, efforts are needed to increase its seed money for more investment and income generation. For the purpose he proposed that some sort of mechanism should be devised by the Board of Governors. He opined that constitution of a sub‐committee could be one of the remedy. Such committee should have the mandate of approaching the Federal Government, Provincial Governments, organizations and philanthropists for donations to the Fund.
A lady lawyer participant proposed that funds under AJDF may also be utilized for skill enhancement of junior lawyers to enable them to play effective role in pleading their cases and making the process of justice easy.
A participant also suggested that possibility of utilization of the AJDF funds in the Federally Administered Tribal Areas (F AT A) may also be explored.
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6. AJDF PROJECTS SUMMARY Projects received in 1st phase 27 Projects received in 2nd phase 73 Total projects received from start till now 100 Projects approved in 1st Phase 09 Committed Projects approved in 2nd Phase 10 Approved Total projects approved till Now 19 Projects now recommended out of differed projects 06 Total District wise coverage uptill now 18
(Districts where projects Operationalized)
Detail of districts phase wise 1st phase 092nd phase 09 Total 18 Projects recommended for next Phase 06 Total (27) project proposals received in the 1st phase out of which 09 projects have been approved by the Tec/Governing Body and committed accordingly.
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6.1. DETAILS OF INVESTMENT OF ACCESS TO JUSTICE DEVELOPMENT FUND TILL
2007
Face Value (Rs.)
Settlement Amount (Rs.)
Bank Financial Instrument & Period
Settlement Date
Maturity Date
Yield to Maturity
Offer Price (Rs.)
Profit (Rs.)
Remarks
500 million 494,824,000 UBL 3 months T. Bills
17-2-2005 12-5-2005
4.60 98.9525 5,176,000 Matured
920 million 897,271,400 NBP 6 months T. Bills
3-3-2005 1-9-2005 5.08 97.5295 22,728,600 Matured
28 million 27,686,512 UBL 3 months T. Bills
17-3-2005 9-6-2005 4.92 98.8804 313,488 Matured
33 million 32,544,864 MCB 3 months T. Bills
15-4-2005 7-7-2005 6.15 98.6208 455,136 Matured
500 million 492,346,000 UBL 3 months T. Bills
12-5-2005 4-8-2005 6.7550% 98.4692 7,654,000 Matured
28 million 26,925,920 UBL 6 months T. Bills
9-6-2005 8-12-2005
8.000% 96.164 1,074,080 Matured
33 million 32,440,076 UBL 3 months T. Bills
6-7-2005 29-9-2005
7.50% 98.3033 559,924 Matured
500 million 461,480,000/- UBL 12 months T. Bills
4-8-2005 20-7-2006
8.7048% 92.2960 38,520,000 Sr. No.5 re-
invested 920 million 846,551,800/- NBP 12 months
T. Bills 1-9-2005 31-8-
2006 8.70% 92.0165 73,448,200 Sr.No.2
re-invested
33 million 30,340,200/- UBL 12 months T. Bills
29-9-2005 28-9-2006
8.7909% 91.9400 2,659,800 Sr. No.7 re-
invested 28 million 25,757,536/- NBP 12 months
T. Bills 8-12-2005 7-12-
2006 8.7300% 91.9912 2,242,464 S.No.6
re-invested
74,798,500 72,450,949/- UBL 12 months T. Bills
13-5-2006 28-9-2006
8.57% 96.8615 2,347,551
541,904,382 500,000,000/- MCB 12 months T. Bills
20-7-2006 05-7-2007
8.74% 92.2672 41,904,382 Sr. No. 8 Re-
invested 960,000,000 919,945,920/- HBL 6 months T.
Bills 31-8-2006 01-03-
2007 8.78% 95.8277 40,054,080 Sr. No. 9
re-invested
112,400,000 107,746,190 NBP 6 months T. Bills
28-9-2006 29-3-2007
8.71% 95.8596 4,653,810 Sr.10 & 12 re-
invested 1,045,920,000 959,993,488 MCB 12 months
T. Bills 1-3-2007 28-2-
2008 9.00% 91.7846 85,926,512 Sr. No.
14 Re-
invested 122,460,000 112,399,421 MCB 12 months
T. Bills 29-03-2007
27-03-2008
9.00% 91.7846 10,060,579 Sr. No. 15 Re-
invested 541,897,000/- 499,999,150/- HBL 12 months
T. Bills 06-7-2007 05-6-
2008 9.13% 92.2683 41,897,850/- Sr.No.13
Re-invested
1,150,240,000/- 1,045,913,232/- MCB 12 months T. Bills
28-2-2008 26.2.2009 10,0021% 90.9300 104,326,768/-
123,000,000/- 112,109,949/- UBL 12 months T Bills
27-3-2008 26-3-2009
10.13% 91.1463 10,890,051/-
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6.2. Detail of the Projects in First Phase
Name of NGO Amount
Rs. Amount paid Rs.
Paid Rs. Punjab Islamabad N.W.F.P Balochistan Sindh
I
Citizens Commission for Human
Development
1,838,550 183,855 10% Lahore
2
Pakistan Rural
Workers Social
Welfare Organization
1,194,900 477,960 40% Bahawalpur
3 Hamdam
Development Organization-
593,124 237,249 40% DI khan
4
Goath Sudhar Sangat
Aghamani- (GSSA)
1,136,625 454,649 40% Dadu
5 Koshish Wlefare Society
1,139,330 455,732 40% Sialkot
6 Devcon
(Development Consultants)
632,400 505,920 80% Shadadpur
7
Mashal Women Welfare Society
999,400 399,760 40% Charsada
8 Bargad Organization 1,043,180 104,318 10% Gujranwala
9 Human
Rights Society of Pakistan
1,934,000 258,000 13% Islamabad ,
Total 10,511 ,504 2,973,125 % age 04 01 02 0 02
District wise achievements in all over Pakistan in the 1st Phase (Access to 09 Districts)
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6.3. Province wise detail of the projects received
Punjab/Islamabad (03) Total Legal Empowerment Fund 09 Fund for Legal/Judicial Research 02 Fund for Innovations in Legal Education 0 I 12 NWFP Legal Empowerment Fund 07 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 08 Sindh Legal Empowerment Fund 05 Fund for Legal/Judicial Research 00 Fund for Innovations in Legal Education 00 05 Balochistan Legal Empowerment Fund 01 Fund for Legal/Judicial Research 00 Fund for Innovations in Legal Education Total 00 01 Total 27
Total (73) project proposals received in the 2nd phase from various districts in all over Pakistan out of which (73) projects have been approved by the Tec/Governing Body with total allocation of Rs. 11,595,050 (eleven million five hundred ninety five thousand and fifty).
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6.4. Detail of the Projects in 2nd Phase
# Name of NGO Amountapproved In Rs.
Punjab Islamabad N.W.F.P Balochistan Sindh
1 Public Welfare Society, 1,597,000 Sahiwal
2 Brilliant Community Development Organ ization,
500,000 Charsada
3 Women Association, 1,051,000 Mardan
4 Dost Welfare Foundation,
1,000,000 Peshawar
5 Community Development Organ ization,
453,000 Banu
6 Blue Veins, Peshawar 1,600,000 Peshawar
7 Sawera Development Organ ization,
1,765,050 OJ. Khan
8 Sindh Development Society, Hyderabad,
1,000,000 Sindh
9
Chaudhary Rehmant Ali Community Development Organization
996,000 Faisalaba
d
10 Development Research Institute of Pakistan, Islamabad
1,633,000 Islamabad
Total 11,595,050 02 01 06 0 01
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6.5. Districts wise achievement in all over Pakistan in the 2nr1 Phase Access to 09 Districts.
Province wise detail of the projects received: Punjab /Islamabad Total Legal Empowerment Fund 13 Fund for Legal/Judicial Research 03 Fund for Innovations in Legal Education 01 17 NWFP Legal Empowerment Fund 28 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 29 Sindh Legal Empowerment Fund 17 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 00 18 Balochistan Legal Empowerment Fund 06 Fund for Legal/Judicial Research 01 Fund for Innovations in Legal Education 02 09 Total 73
6.6. Detail of projects under process # Name of NGO
Amount approved
In Rs. Punjab Islamabad N.W.F.P Balochistan Sindh
1 Amanullah Shah, 481,000 D.I.Khan
2 Ther-Nara Development Society 360,700 Umer Kot
3 Pakistan International Peace and Human Rights Organization
750,000 Bdin
4 (i) Syed Iqbal Shah (ii) Syed Iqbal Shah
14!U13 724,000 Quetta
5
Sustainable Community y Development Organization,
1.963,500 Quetta
6 Society for Human Assistance & Development
2,712,990 Quetta
Total 7,139,803 0 0 01 03 02
Total Projects 06 Total Districts 04 Total Amount 7,139,803 (Seven million one hundred thirty nine
thousand eight hundred and three)
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6.7. Activities of Secretariat of the Commission:
Reports Approved in 2007:
Report # 81
Registration of Documents
The Commission considered the proposal to amend the provisions of the Registration Act, 1908 and the rules made thereunder to regulate and supervise job of conveyance writing. The Commission was informed that presently the petition writers licenced by the High Courts, perform the job of deeds/conveyance writing that are not qualified for it. The defective deeds create a lot of hardships to the parties and give rise to litigation in the courts. The Commission also considered recommendation received from the Lahore High Court Bar Association that the lawyers may be assigned the job of conveyance/deed writing. The Chairman remarked that lawyers have studied the subject of conveyancing in the law course, therefore, they will be better qualified for writing of deeds/ conveyance. The Secretary, Ministry of Law and Justice Division expressed that lawyers are not competent for the deed writing unless they have some experience in the field. The Chief Justice, High Court of Sindh observed that lawyers may receive fixed fee of Rs. 200/‐ for writing of conveyance /deeds. After these deliberations the Commission approved the proposal to amend the Registration Act, 1908 and the rules made thereunder to regulate the enrolment and licencing of deed / conveyance writing by the Inspector General of Registration. The Commission added that lawyers, being eligible, must also continue to draft conveyances and deeds.
Report # 82
Amendment in the First Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908
The Commission considered section 115 of the CPC with reference to application of section 5 of the Limitation Act, 1908 in filing of revisions. The Secretary explained to the Commission that section 115 of the Code was amended in 1992 to provide a period of 90 days for filing of revision petition and a provision was added prescribing limitation of 90 days for filing of revision by a new Article 162A in the Limitation Act 1908. The Supreme Court, however, in 2001 SCMR 286 held that in view of section 29 (2) of the Limitation Act 1908 the provisions of section 5 of the Limitation Act are not applicable in cases of delay in filing revision petitions under section 115 CPC as the CPC is a special law. Prior to this judgment in AIR 1952 Mad 186 it has been held that the CPC is a general law and section 29 (2) of the Limitation Act do not apply to it. The Chairman observed that the judgment of the Supreme Court has become public property which cannot be recalled at this moment. After deliberations the Commission approved that in Section 115 of the Code an amendment may be made extending the application of Section 5 of the Limitation Act 1908 to the revision filed under Section 115 of the Code as made applicable in Order IX rule 13 of the CPC to meet the eventuality.
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Report # 83
Amendment of Rules Framed Under Stamp Act 1899
The Secretary explained to the Commission the observations of the Chief Justice, Lahore High Court that one of the cause in rise of litigation is the false agreements made in the back date on the Stamp Papers issued with in the back date by the stamp venders. The Lahore High Court, therefore, proposed that the rules under the Stamp Act, 1899 may be amended to provide for printing of each stamp paper with a serial number and date of printing on top of it to check the making of antedated and forged deeds and element of fraud therein
While considering the proposal, the Chairman stated that the stamp venders make false entries in their sale register of stamp papers and sell the stamp papers in the back date in connivance with the party which fraudulently prepares on it antedated or forged deed in regard to immovable property i.e. agreement to sell, rent deeds, gifts and other documents creating title or interest in such property. The Chief Justice, High Court of Sindh informed the Commission that in Karachi the stamp papers are issued to the attorneys instead of parties which if not used by them are sold for using for the above purpose. The Chairman remarked that it is very important suggestion to eliminate the chances of forgery and fraud in making of deeds with regard to immovable property. The Chairman added that the venders should enter in the register of sale of stamp papers, the serial number and date of printing and the issue date and also certify date of purchase of such paper and number of challan of payment against which it is purchased on the back of the stamp paper.
After deliberations, the Commission approved the proposal of the Chief Justice, Lahore High Court to amend Rules 2, 8, 26, 28 29 and 29‐A and insertion of a new rule 33A in the Supply and Distribution of Stamp Rules 1954 providing for printing of stamp papers with serial numbers with date of printing and the ex‐officio vender / licenced vender shall enter into their concerned registers of sale the serial numbers and date of printing of the stamp papers issued to the licenced vender or sold to the public and the ex‐officio vender may not issue further stock to the stamp vender unless the previous stock is sold out.
Report # 84
Execution of Foreign Decrees
The Commission considered the proposal to amend Section 44‐A of the CPC 1908 which empowers the courts in Pakistan to execute a foreign decree. The Secretary explained that the proposed amendment is made on the observation of the High Court of Sindh in PLD 2003 Kar 382. The Chief Justice, High Court of Sindh explained to the Commission that it was his judgment although he does not remember the questions involved therein, however, as he recalls it related to decree passed in a foreign country having a reciprocating agreement with Pakistan for execution of decree of the courts within the two countries. The Chief Justice further expressed that the execution of decree under Section 44A of the CPC further requires fulfillment of certain conditions laid down in section 13 of the Code which are :‐
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(i) its pronouncement by the court of competent jurisdiction ;
(ii) given on the merits of the case ;
(iii) passed on correct application of the international law
(iv) not to be opposed to natural justice ;
(v) should not be based on fraud.
The Chairman expressed that presently the conditions to be fulfilled by the decree of the foreign court for execution is not in question however, Section 44A of the Code still contains the words “the superior courts of the United Kingdom which requires to be deleted / substituted as done in the Indian CPC. The other members agreed to the views of the Chairman and the Commission approved that the words “United Kingdom” may be deleted from Section 44A and words “reciprocating country and territory” may be replaced for it.
Report No. 85
The Caste Disabilities Removal Act 1850
The Commission considered the Caste Disabilities Removal Act, 1850. The Commission was explained by the Secretary that a number of letters were issued to the Council of Islamic Ideology to supply the copies of study of the law while recommending amendment in the Act by the Council, for placing before the Commission but the Council replied that there is no record o study available in the Council. The Secretary further explained that the amendment proposed by the Council of Islamic Ideology is adopted from the book written by one of its Chairman, Mr. Justice (Retd) Tanzilur Rehman. The Chairman observed that the issue relating to guardianship is very technical and will create a lot of problems, therefore, the Commission dropped the proposal of adding proviso to the Act however the Commission recommended omission of the words “East India Company” from the Act.
Report No. 86
The Kazis Act 1880
The Commission also considered the Kazis Act 1880 which was earlier deferred in the last meeting for want of report of Mr. Justice (Ret) Amirul Mulk Mengal that in certain areas of Balochistan, Kazis are still appointed and functioning under the Act. The learned Member informed the Commission that the appointment of Kazis under the Kazis Act 1880 is different than the appointment of Kazis under the Dastoorul Amal Diwani Qalat and Shariat Regulations enforced in parts of Balochistan. He added that there are no Kazis appointed under the Kazis Act in the Province of Balochistan. The Secretary, Law and Justice Division informed that the Act has already been repealed in its application to the Federal territory. The Commission, therefore, approved repeal of the Qazi’s Act 1880 in its application to the Provinces.
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Report No. 87
Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act
The Commission considered the Provincial Motor Vehicles Act and the amount of compensation prescribed therein for the death or hurt caused by an accident. The Chairman expressed that existing amount of compensation for the loss of life in accident as rupees ten thousand is a meager amount which may be as nearly as possible to the amount of Diyat according to circumstance of the case. Mr. Justice Qazi Muhammad Farooq expressed that the compensation under section 67 of the Ordinance for the loss of limb or hurt in accident under the Act may also be as nearly as the amount of Arsh prescribed for hurt in the PPC. The Commission observed that most of the accidents on the roads happen because of attending mobile phone calls or watching T.V etc by the drivers which diverts their attention from the safe driving therefore, the Commission resolved that these may be made an offence under the Act punishable with the fine of rupees two thousands. For driving of vehicle without insurance the present fine of rupees two thousands may be enhanced to rupees five thousands. Fine for driving without licence and by the juvenile differently prescribed in four provinces may be enhanced to rupees one thousand.
After thorough deliberations, the Commission approved the working paper and in particular the following enhancement of fine to various offences under the Act.
1 2 3 4
Nature of offence Imprisonment Fine existing Proposed Increase
97. Driver being disqualified, obtaining new licence without disclosing disqualification
6 month 500 1000
If vehicle is a transport vehicle 2 years 1000 2000
97‐A. [in Sindh] Fabricating registration plate in contravention of section 25
2 years or
2 years
Fine This provision may also be made applicable in Balochistan, NWFP, Punjab and Federal Capital
98 (1) Driving at excessive speed
98 (2)
‐
‐
100‐500
200‐500
500‐1000
500‐1000
9. driving recklessly or
if transport vehicle
6 months
1 year
500
1000
1000
2000
99(2). Subsequent offence
Transport Vehicle
2 years
4 years
1000
1000
5000
5000
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100. Driving under influence of drug
subsequent offence
6 months
2 years
1000
1000
2000
5000
101. Driving when mentally or physically unfit
subsequent offence
‐
‐
200
500
1000
5000
103. racing and trials of speed 6 months 1000 5000
104. Using vehicle in unsafe condition
if such defect cause injury
1 month
6 months
500
1000
1000
5000
106. using vehicle without permit
subsequent offence
6 months
2 years
500
1000
1000
5000
112. General Provision where no fine penalty is prescribed
subsequent offence
100
500
500
2000
Report No. 88
Amendment in the Arms Ordinance, 1965
The Commission considered amendment in the Arms Ordinance, 1965 proposed by Mr. Justice Muhammad Sadiq Leghari, Judge, High Court of Sindh that offence under section 13 and 14 of the Arms Ordinance, 1965 is triable by the Court of Magistrate however, in many cases it has been connected with the offence punishable under some other law triable by the Court of Sessions which results in clash of decisions of the two courts. It was therefore, proposed that when an offence triable by court of Sessions is connected with the case triable by Court of Magistrate under the Arms Ordinance the later case may be tried by Court of Sessions instead of the Magistrate. The Chairman observed that the proposed amendment in very useful which addresses the anomaly in trial of two connected offences and the accused on having acquitted by the Court of Magistrate produces copy of the judgment of his acquittal by the Magistrate under the Arms Ordinance in the Court of Sessions as a defence or a notice of circumstance going in his favour and gets acquittal or lesser punishment. After these deliberation the Commission proposed the amendment in the Arms Ordinance, 1965
Report No. 89
Preventing Banking Companies to Levy Service Charges on Small Deposits
The Commission considered the levy of service charges on deposit of small account holders by the commercial banks. The Secretary read out the comments of the State Bank of Pakistan called vide Commission’s directions in a meeting in the past. The Chairman expressed that these service charges are a sort of imposition of tax upon
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deposits of small account holders who generally belong to the poor segments of society and cannot keep consistently an amount of Rs. 5000/‐ in their accounts. The Commission further observed that the State Bank has given an open hand to the commercial banks to charge whatever they like from the accounts of the small deposit holders i.e. from Rs. 50/‐ to 300/‐ on monthly basis which could consume whole the savings of the poor depositors when the big account holders are exempted from such charges and it is clear discrimination to the small account holders. The Commission observed that the State Bank of Pakistan may direct the commercial banks to not to recover the service charges from the small account holder which generally belong to labourers and farmers particularly of the rural areas and treat them equal to big account holders having deposits above Rs. 5000/‐. The Commission further directed that the deduction of specified amount from deposits at the time of closing of account is also unfair. Further, that the method of fixing profit on deposits, after deducting expenditure/ administrative charges, in an arbitrary way is also unfair to the general public who are thus deprived of their due share of profit. With these observations, the Commission directed that this recommendation may be sent to the Ministry of Finance for implementation by directing the State Bank of Pakistan to carry out the recommendation of the Commission in letter and spirit.
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6.8. Implementation of Recommendations By the Federal Government
Report #
Subject Status
1 First Report on Fatal Accident Act 1855 Implemented 2 Second Report on Fatal Accidents Act
1855 Not Implemented
3 Report on Establishment of Courts of Qazis Ordinance 1981
Considered and partly Implemented in qanoon‐e‐shahadat order 1984
4 Report on Law of Evidence Not Implemented 5 Report on Rent Restriction Laws and
Draft OrdinanceNot Implemented
6 Report – re: the Proposed Draft “Law of Evidence”
Not Implemented
7 Report on Elimination of False Evidence from the Judicial System in the country
A few administrative measures have been adopted to adopt recommendations
8 Report on Elimination of False Evidence from the Judicial System ‐‐ II
Not Implemented
9 Report on a Reference Received from the Federal Government on the Proposed Ordinance re: Law of Evidence
Reference Replied
10 Report on Qisas and Diyat Not Implemented 11 Filling a Legal Vacuum Not Implemented 12 Reformation of Family Laws Partially Implemented 13 Reformation & Modernization of
Service Laws (Part I) Not Implemented
14 Report on Rent Restriction Laws Not Implemented 15 Enhancing the Powers of Ombudsman
(Wafaqi Mohtasib) Not Implemented
16 Scheme for Redress of Public Complaints
Not Implemented
17 Amendment in Criminal Procedure Code
Not Implemented
18 Extension of Jurisdiction of Service Tribunals to Employees of Statutory Corporations
Not Implemented
19 Eradication of Qabza Group Activity Considered and partially Implemented in Illegal dispossession act.
20 Prevention of Unfair Means in Examinations
Not Implemented
21 Improving the Performance of Pakistan Law Commission
Not Implemented
22 Report on Criminal Justice System Party implemented
80
23 Report on Jail Reform Not Implemented 24 Reformation & Modernization of Laws
(Part II) Not Implemented
25 The Role of Pakistan Bar Council in the Promotion of Human Rights
Not Implemented
26 Administrative Procedures Act for the Federal Government of Pakistan
Not Implemented
27 Legislation pertaining to Maternity Benefits
Implemented to the extent that the amount of maternity benefit has been increased from 12 Ana per day to last pay drawn
28 Elimination of Child Labour Not Implemented 29 Elimination of Double Jeopardy in
Drugs‐related Offences Not Implemented
30 Reform of the Juvenile Justice System Considered and included in JJSO 2000
31 Amendment in Section 145 of the Criminal Procedure Code
Not Implemented
32 The Small Claims and Minor Offences Courts Ordinance, 2001
Implemented vide the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002).
33 The Family Courts (Amendment) Ordinance 2001
Implemented vide the Family Courts (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002).
34 Conferring Powers under Section 491(1) (a) (b) of the Code of Criminal Procedure 1898 on the Court of Session.
Implemented vide the Code of Criminal Procedure (Amendment) Ordinance, 2002 (VIII of 2002 dated 9.2.2002).
35 Amicable Settlement of Disputes.
Implemented vide the Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002 dated 21.7.2002).
36 Enhancement of pecuniary original jurisdiction of civil courts
Implemented by Peshawar High Court and High Court of Sindh
37&38 Enhancement of pecuniary original/appellate jurisdiction of District Courts at Karachi and other than Karachi in Sindh
Implemented by Government of Sindh
39 Enhancement of punishment of fine under the Pakistan Penal Code
Implemented vide the Criminal Law Reforms Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002).
40 Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898
Implemented vide the Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002 dated 25.10.2002).
81
41 Trafficking in Children for use as Camel Jockeys and engaging in hazardous employment
Implemented vide the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002 dated 3.10.2002).
42 Addition of the Offence of Molestation to the Pakistan Penal Code 1860.
Not yet implemented.
43 Right of Appeal Against Acquittal to Private complainant under the Anti ‐Terrorism Act 1997.
Not yet implemented.
44 Punishment on bouncing of cheque Implemented vide the Criminal Law (Amendment) Ordinance 2002 (LXXXV of 2002 dated 25.10.2002).
45 Strengthening Capacity and Expanding the Functions of Law and Justice Commission of Pakistan
Implemented vide the Law Commission (Amendment) Ordinance 2002(LXXX of 2002 dated 9.10.2002)
46 Amendment in Section 345 and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable
Not yet implemented.
47 Punishment for the Offence of Gang Rape
Not yet implemented.
48 Releasing the Female Accused on Bail. Not yet implemented. 49 Examination of Section 54 & 167 of the
Code of Criminal Procedure 1898.
Not yet implemented.
50 Prohibition of Unauthorized Business of sale/Purchase of National Prize Bond.
Not yet implemented.
51 Banning the Tradition of Vani(Giving Female as consideration for compromise).
Implemented.
52 Access to Justice Development Fund Rules 2002.
Implemented.
53 Amendment in the Pakistan Penal code 1860 to provide Punishment for Absconding from Trial.
Not yet implemented.
54 Reforming the W.P. requisitioning of Immovable Property (Temporary Powers) Act 1956.
Not yet implemented.
55 Amendment in the Children (Pledging Not yet implemented.
82
of Labour) Act 1933.
56 Amendment in sections 11‐A, 11‐B & 11‐C of the Security of Pakistan Act 1952.
Not yet implemented.
57 Amendment in Sections 427, 428, 429& 435 of the Pakistan Penal Code 1860.
Not yet implemented.
58 Enhancing the Limit Prescribed to File suit in forma Pauperis.
Not yet implemented.
59 Amendment in the Federal Services Medical attendance Rules 1990.
Not yet implemented.
60 Amendments in the Land Revenues Rules 1968.
Not yet implemented.
61 Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry.
The Supreme Court by its judgment validated the Federal Govt. Law on the subject.
62 Expediting Trial Proceedings.
Not yet implemented.
63 Omission of Repealed Sections of Pakistan Penal Code, 1860 from the Code of Criminal Procedure, 1898.
Not yet implemented.
64 Amendment in Section 351 of Code of Criminal Procedure, 1898.
Not yet implemented.
65 Amendment in Section 67 of the Pakistan Penal Code, 1860.
Not yet implemented.
66. Amendment in Sections 513 and 514 of the Code of Criminal Procedure, 1898.
Not yet implemented.
67. Amendment of Section 17 of Registration Act, 1908.
Not yet implemented.
68. The Federal Court Bill, 2005. Not yet implemented. 69. The Law Reforms Bill, 2005. Not yet implemented. 70. Enhancing the Punishment of Fine
Prescribed in Various Statutes. Not yet implemented.
71. Amendment in Access to Justice Development Fund Rules 2002, and LJCP Employees Rules.
Implemented.
72. Accounting Procedure of Access to Justice Development Fund, 2005.
Implemented.
73 Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.
Not implemented
74 Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 1961
Not implemented
75 Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
Not implemented
83
76 Enhancement of Punishment of Fine in
Provincial Statues Not implemented
77 Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and Schedule of the Family Courts Act, 1964.
Not implemented
78 The Recusant Witnesses Act, 1853. Not implemented 79 Amendment in the Law and Justice
Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992.
Implemented
80 The Jail Reforms (Revised) Report. Not implemented 81 Registration of Documents Recently Sent to the M/o Law &
Justice For Implementation82 Amendment in the First Schedule of
the Limitation Act, 1908 & Section 115 of the Cod of Civil Procedure 1908
Recently Sent to the M/o Law & Justice For Implementation
83 Amendment of Rules Framed under Stamp Act 1899
Recently Sent to the M/o Law & Justice For Implementation
84 Execution of Foreign Decrees Recently Sent to the M/o Law & Justice For Implementation
85 The Caste Disabilities Removal Act 1850
Recently Sent to the M/o Law & Justice For Implementation
86 The Kazis Act 1880 Recently Sent to the M/o Law & Justice For Implementation
87 Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act
Recently Sent to the M/o Law & Justice For Implementation
88 Amendment in the Arms Ordinance 1965
Recently Sent to the M/o Law & Justice For Implementation
89 Preventing Banking Companies to Levy Service Charges on Small Deposits
Recently Sent to the M/o Law & Justice For Implementation
7. Public Awareness Scheme:
The Commission runs a Public Awareness Scheme where under write‐ups are prepared in Urdu on issues/problems of public interests/concern and published through the national press. The purpose is to inform the people of their legal rights/entitlements and describe the procedure for enforcing such rights/entitlements. The material is also hosted on the Commission’s website.
The Commission published write‐ups in Urdu on various subjects in the shape of a book titled “Qanun‐Fehmi”, four volumes have been published, which can be obtained from the sale centres of National Book Foundation at Islamabad and its regional offices. List of topics already completed and pending is mentioned in Annex II.
84
8. Commission/NJPMC publishes Annual Reports of the Courts: Under amendments made to its own law and the NJPMC Ordinance, 2002, the Law and Justice Commission of Pakistan has been entrusted with the responsibility to print court reports on annual basis along the same lines as the other official reports such as the Economic Survey of Pakistan, Report of the Ombudsman’s Office and others. The Commission’s Secretariat managed to compile the following reports of the courts:
• Judicial Statistics of Pakistan, 2006 • Administrative Tribunals and Special Courts, 2006
The publication of the annual reports of the Courts in Pakistan is an endeavor to ensure greater transparency and accountability in the judicial system. Judicial data/statistics indicating institution/disposal of cases and court/judge performance has been included in these reports along with organizational set up, finances and an evaluation of the performance of the institution at the federal/provincial levels. This is indeed a pioneering effort in the Asian‐Pacific region, and even beyond.
The data included in the reports can be very effectively used to formulate effective policies for judicial and law and order administration in the country. For example, the following sample statistics not only give us an idea of the huge workload of the courts but also highlight the importance of continued efforts for delay reduction in some of the provinces;
8.1. Summary Data for the Supreme Court of Pakistan Consolidated Statements for the Principal Seat and Branch Registries (From 1‐01‐2005 to 30‐06‐2006) PETITIONS
Location Balance as on 01‐01‐2005
Institution Total Disposal Balance as on 30‐06‐2006
Islamabad 8687 4017 12704 10763 1941
85
Lahore 9601 4443 14044 7942 6102 Karachi 1015 1471 2486 1932 554 Peshawar 1418 1053 2471 1494 977 Quetta 170 305 475 387 88 Total 20891 11289 32180 22518 9662
0
5000
10000
15000
20000
25000
30000
35000
Balance ason 01-01-
2005
Institution Total Disposal Balance ason 30-06-
2006
IslamabadLahoreKarachiPeshawarQuettaTotal
86
8.2. Appeals
Location Balance as on 01‐01‐2005
Institution Total Disposal Balance as on 30‐06‐2006
Islamabad 6652 3108 9760 4566 5194 Lahore 0 488 488 487 01 Karachi 69 638 707 596 111 Peshawar 0 211 211 211 0 Quetta 03 68 71 55 16 Total 6724 4513 11237 5915 5322
0
2000
4000
6000
8000
10000
12000
Balanceas on 01-01-2005
Institution Total Disposal Balanceas on 31-06-2006
IslamabadLahoreKarachiPeshawarQuettaTotal
87
8.3. Consolidated Statement for All Cases from 01‐01‐2005 to 30‐06‐2006
Cases
Previous Pendency
Institution Total Pendency
Disposal Current Pendency
Remarks
Petitions 20891 11289 32180 22518 9662 Decreased by 11229
Appeals 6724 4513 11237 5915 5322 Decreased by 1402
G/T 27615 15802 43417 28433 14984 Decreased By 12631
0
5000
10000
15000
20000
25000
30000
35000
PreviousPendency
Institution TotalPendency
Disposal CurrentPendency
PetitionsAppeals
88
8.4. Federal Shariat Court.
Court Performance During The Year 2006
Category Wise Consolidated Position During the Year 2006
S.No
Category of Cases
Pendency On
1‐1‐2006
Institution from
1‐1‐2006 to31‐12‐2006
Total
Disposal from
1‐1‐06 to 31‐12‐06
Received Through Transfer from
1‐1‐06 to 31‐12‐06
Transferred to Head Office
Balance on
1‐1‐2007
1. Cr.Appeals (Against
Conviction)
828 689 1517 343 ‐ ‐ 1174
2. Cr.Appeals (Against Acquittal)
589 178 767 60 ‐ ‐ 707
3. Cr.Revisions (Against
Conviction)
10 07 17 08 ‐ ‐ 09
4. Cr.Revisions for Enhancement
129 51 180 27 ‐ ‐ 153
5. Cr.Revisions (other matters)
76 147 223 94 ‐ ‐ 129
6. Cr.P.S.L.A. 80 35 115 02 ‐ ‐ 113 7. Cr.Murder
Reference 83 36 119 23 ‐ ‐ 96
8. Hadd Reference 04 02 06 02 ‐ ‐ 04 9. Cr.Suo Moto 13 03 16 04 ‐ ‐ 12 10. Cr. Review 01 ‐ 01 01 ‐ ‐ ‐ 11. Cr.Misc: 509 963 1472 790 ‐ ‐ 682 12. Shariat Matters 287 14 301 ‐ 39 ‐ 301 13 Remanded
Shariat Matters ‐ 118 118 ‐ ‐ ‐ 118
Total: 2609 2243 4852 1354 39 ‐ 3498
89
8.5. Consolidated Position for Criminal Matter at the Principal Seat and
Bench Registries during the Year 2006
S. No. Principal Seat and Benches
Pendencyon
1‐1‐2006
Institution from
1‐1‐2006 to31‐12‐2006
Total
Disposal from
1‐1‐06 to 31‐12‐06
Balance on 1‐1‐2007
1 Principal Seat Islamabad
422 754 1176 492 684
2 Bench Registry
Lahore 1299 1041 2340 547 1793
3. Bench Registry
Karachi 156 141 297 157 140
4. Bench Registry
Peshawar 141 59 200 58 142
5. Bench Registry
Quetta 304 116 420 100 320
Total: 2322 2111 4433 1354 3079
304
141
156
1299
422
116
59
141
1041
754
100
58
157
547
492
0 200 400 600 800 1000 1200 1400
Bench RegistryQuetta
Bench RegistryPeshawar
Bench RegistryKarachi
Bench RegistryLahore
Principal SeatIslamabad
DisposalInstitutionPendency
Number of Cases Principal Seat and Registries: Criminal Matters
90
8.6. Category‐wise Consolidated Position for Criminal Matters During the
Year 2006
S. No. Category of Cases
Pendency on
1‐1‐2006
Institution from
1‐1‐2006 to31‐12‐2006
Total
Disposal from
1‐1‐06 to 31‐12‐06
Balance on 1‐1‐2007
1. Cr.Appeals (Against
Conviction) 828 689 1517 343 1174
2. Cr.Appeals (Against Acquittal)
589 178 767 60 707
3. Cr.Revisions (Against
Conviction) 10 07 17 08 09
4. Cr.Revisions for Enhancement
129 51 180 27 153
5. Cr.Revisions
(other matters)76 147 223 94 129
6. Cr.P.S.L.A. 80 35 115 02 113
7. Cr.Murder Ref: 83 36 119 23 96
8. Hadd Reference 04 02 06 02 04
9. Cr.Suo Moto 13 03 16 04 12
10. Cr. Review 01 ‐ 01 01 ‐
11. Cr.Misc: 509 963 1472 790 682 Total: 2322 2111 4433 1354 3079
91
8.7. FSC Consolidated: Criminal Matters Category‐wise Consolidated
Position for Shariat Matters at the Principal SeatAnd Bench Registries During The Year 2006.
S. No. Principal
Seat/Benches
Pendencyon
1‐1‐2006
Institution from
1‐1‐2006 to
31‐12‐2006
Transferred H.Office from1‐1‐06 To 31.12.06
Received through transfer
from 1‐1‐06 to 31‐12‐06
Total
Disposal from 1‐1‐06 to
31‐12‐06
Balance on
1‐1‐2007
1 Principal Seat Islamabad
205
07
‐
39
251
‐
251
2 Bench Registry Lahore
55
07
31
‐
31
‐
31
3. Bench Registry Karachi
18
‐
03
‐
15
‐
15
4. Bench Registry Peshawar
09
‐
05
‐
04
‐
04
5. Bench Registry Quetta
‐
‐
‐
‐
‐
‐
‐
6. Remanded Shariat Matters
‐
118 ‐ ‐
118
‐
118
Total 287 132 39 39 419 ‐ 419
8.8. Statement Showing Pendency, Institution and Disposal af Cases at
Federal Shariat Court
Cases Institution Pendency Upto 31‐5‐2006
Criminal Matters 827 2401 Shariat Matters. 8 291
92
8.9. Statement showing Pendency, Institution and Disposal of cases of
Lahore High Court
Institution Total Disposal Pendency Balance22714 92331 22794 69617
District‐wise statistics of subordinate Judiciary in Punjab Case Categories Institution Disposal Pending Balance
Sessions 144008 147317 69048Civil 209651 196127 491289Criminal 155045 153650 451714
8.10. Statement showing pendency, Institution and Disposal of Cases of Peshawar High Court
Previous Balance Institution Total Disposal Balance
13202 1300 14502 1331 13171
8.11. Statement showing Pendency, Institution and Disposal of Cases of High Court of Sindh
Name of Court Previous Balance
Institution
Maters Restored
Total Disposal Balance
Principal Seat at Karachi
15547 79 5 16331 724 15607
Circuit Court Larkana
523 155 0 678 119 559
Circuit Court Hyderabad
2287 204 2 2493 282 2211
Circuit Bench at Sukkur
2242 245 0 2487 220 2267
8.12. Statement Showing the Institution, Disposal and Balance of Criminal,
Civil and Family Cases of Judicial Districts in Sindh for the month of April 2006.
Criminal Jurisdiction
Last Balance Institutions Transferred out
Disposal Transferred In Balance
76803 7743 4 8647 1 75902
93
Civil Jurisdiction Last Balance Institutions Transferred
out Disposal Transferred In Balance
36955 2838 2 2450 7 37338
Family Cases Last Balance Institutions Transferred
out Disposal Transferred In Balance
7774 1295 0 1301 0 7768
8.13. Statement showing Pendency, Institution and Disposal of Cases of Cases of High Court of Balochistan
Previous Balance Institution Total Disposal Balance
2428 373 2801 324 2477
8.14. Statement showing Pendency, Institution and Disposal of Cases of Cases of Federal Service Tribunal during 2006
Previous Balance Institution Total Disposal Balance
20259 2296 22555 1211 20453
94
The following Annual Reports of courts of Pakistan for the year 2001 to 2006 have been published by the Commission’s Secretariat which are available on the website Reports 2001 The Supreme Court of Pakistan The High Court of Sindh The Lahore High Court The High Court of Balochistan Reports 2002 The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts Reports 2003 The Supreme Court of Pakistan The Federal Shariat Court The High Court of Sindh The High Court of Balochistan Judicial Statistics of Pakistan The Administrative Tribunals and Special Courts Reports 2004 Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts. Reports 2005 Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts. Reports 2006 Judicial Statistics of Pakistan. The Administrative Tribunals and Special Courts.
95
The Constitution of Pakistan, 1973 including all the amendments made therein, is also available on the site. The lists of Federal and Provincial statues and articles published in various law journals are available in chronological order and with consolidated index. Information about the judicial system in the country i.e. hierarchy of judicature, strength of judges, advocates and law officers is also available on the web‐site.
9. Commission’s Website: The Commission is equipped with computers, which are interlinked through network. All the officers of the Secretariat have the facility of computers. The Commission also has its website i.e. www.ljcp.gov.pk. It contains detailed information about the functions and composition of the Commission and its Secretariat. The Commission’s statutes and rules are also available on the website. All approved reports of Commission on different subjects are available on the website. A Public Awareness Scheme, containing write‐ups in Urdu on typical issues/problems is also being run on the website to make the society law‐conscious.
10. Procedure of Selection of Projects: A project is selected on receipt of reference from the Federal or a Provincial Government or upon feedback received from the general public either directly addressed to the Commission or referred by any Ministry/Division/Department of the Government. Anomalies in laws pointed out by the High Courts, Federal Shariat Court and the Supreme Court of Pakistan are also taken note of by the Secretariat. A review of implementation of directions of the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court is also carried out regularly to remove the provisions of laws from the statute book/code held contrary to the injunctions of Islam. Issues on laws raised in the national press also come under consideration of the Commission. The Chairman or the Secretary determines the priority of any project for study. A study includes reference to various law books on the subject and discussions and consultations with the experts in the relevant field. Views of the concerned agency of the Federal or Provincial Governments administering the law are also invited. Draft proposals are considered in meetings of the Secretariat for improvement. Workshops are held and public opinion is solicited where considered necessary.
96
11. Commission’s Finances:
In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2005 ‐2006: Budget 2006‐07 (Pakistan Rupees)
Category Allocation Ratio of salary to non‐salary budget
(%) Utilization
Ratio of salary to non‐salary budget (%)
Total 10451000 100 10,730,299 100
Salary 8181000 78.27 8502914 79.24
Non‐Salary 2270000 21.72 2227385 20.75
The salary budget of LJC includes all the establishment costs incurred on pay and allowances of the officers and staff; while the non‐salary budget is meant for provision of goods and services to run the day‐to‐day business of the organization. In view of the expanded mandate of the LJC, the non‐salary budget is no longer sufficient to meet the needs of the organization. Some of the new statutory functions of LJC such as the publication of the annual reports of the judiciary were discharged with the financial support provided by the Program Management Unit of Access to Justice Program.
12. Other Activities:
• Miss Tanveer Badar, Section Officer, undergone training w.e.f 6‐11‐2006 to
27‐12‐2006, in the Secretariat Training Institute under step down training
program. As being masters conducted period training course to the staff of the
Secretariat i.e. UDC / LDC w.e.f 7‐3‐2007 to 13‐3‐2007, in the following
subjects:
S. No Subject
(i) Receipt and distribution of papers
(ii) Procedure for Diarising and disposal of papers
(iii) Perusal of receipt at Dak Stage
(iv) Diarising of receipts
(v) Opening of new files
97
(vi) Referencing
(vii) Movement of files
(viii) Checks on delays
(ix) Preparation of monthly arrear return etc
• Afghan Judicial Officials / Prosecutors were given briefing by Secretary, LJCP in
the Commission Secretariat on 24‐03‐2007.
• On invitation from the Director General, Federal Judicial Academy, Islamabad,
Syed Nasir Ali Shah, attended Academy for capacity building training for two
weeks w.e.f 2‐4‐2007 on 14‐4‐2007.
• The Management Services Wing, Islamabad, vide D.G letter dated 30‐05‐2007,
deployed four interns for internship in the Law and Justice Commission
Secretariat. The following interns are undergoing internship.
1‐ Mr. Farukh Bashir, Intern
2‐ Mr. Manzoor Ahmed, Intern
3‐ Tamoor Arshad, Intern
4‐ Hafiz Muhammad Siddique, Intern
• In house computer training given to officers / staff of the Secretariat w.e.f 3‐12‐
2007 to 8‐3‐2008 by Malik Mansoor Riaz, Computer Operator, under the
supervision of MIS Manager. This kind of training was previously given by the
Pakistan Computer Bureau.
List of participating Staff
1‐ Mr. Muhammad Khattab
2‐ Mr. Muhammad Nisar
3‐ Mr. Muhammad Sadiq
4‐ Mr. Ali Mughal
5‐ Mr. Fakhar Alam
6‐ Mr. Muhammad Yousuf
98
• Briefing given by Secretary, LJCP to Shariah Trainees of International Islamic
University, Islamabad, (list enclosed) on 2‐8‐2007, in the conference room of
LJCP Secretariat. (68/C),
1. Mr. Muhammad Yamin Addl. District & Sessions Judge, Mirpurkhas,
2. Mr. Aftab Ahmed Bughio Addl. District & Sessions Judge, Ghotki
3. Mr. Ijaz Ahmed Buzdar District Coordination Officer,Noshki
4. Mrs. Zareena Abbasi Addl. District & Sessions Judge,Hyderabad
5. Mr. Najeeb‐u‐llah Jaffar
District Attorney / Public prosecutor,
For A.T.C‐I Quetta
6. Ch. Muhammad Munir Addl. District & Sessions Judge,Rawalpindi
7. Mr. Hussain Ali Panhwar District & Sessions Judge, Rawlakoat
8. Maulvi Muhammad Qasim Member Maajlis‐e‐Shoora, Loralai, Quetta
9. Raja Imtiaz Ahmed Senior Civil Judge, Bimber, AJK
10. Mr. Razad Ahmed Khan Deputy Secretary, Law, Muzaffarabad
11. Mr. Jamal Mustafa, Reader , Federal Shariat Court, Islamabad
12. Flt. Lt. Naseem Akhtar Asstt. Director Housing (Legal)
Air Head Quarter Islamabad,
Sector E‐9, Islamabad
13. Mr. Jawed Latif Memon Deputy District Attorney , Khairpur
14. Mr. Safeer Qasir Malik, Section Officer (Litigation)
NWFP (Law Department)
15. Mr. Shakeel Asghar Additional Government Pleader
Labour Court, Peshawar
NWFP (Law Department)
16. Mr. Imranullah, Additional Government Pleader,
District Bannu, NWFP
17. Mr. Arif Ullah Shah Deputy Public Prosecutor,Peshawar
18. Mr. Muhammad Khalid Deputy Public Prosecutor,Peshawar
19. Mr. Saeed Naeem Deputy Public Prosecutor, Swat
20. Mr. Zahoor Ahmed
Langove
Civil Judge‐III, Quetta
99
21. Ch. Arshad Ali,
Prosecuting Deputy Superintendent of
Police, Jaffarabad Quetta
22. Mirza Muhammad Usman PDSP, AJK
23. Mr. Muhammad Yaqoob
Toor
DSP / Legal Lahore
24. Mr. Aman‐Ullah DSP / Legal Mianwali
25. Mr. Hafeez‐ur‐Rehman DSP / Legal Mianwali
26. Muhammad Siddique, DSP / Legal, Sheikhupura
13. Legal Discovery Centre: The U.S. Embassy in Pakistan has launched the American Legal Discovery Centre (ALDC) project to equip 7 law libraries in Pakistan with access to the latest legal information in United States and provide opportunity for the Pakistani legal community, scholars, and researchers to broaden their knowledge of the legal system of the United States. The first American Legal Discovery Centre was presented to the Library of Law and Justice Commission of Pakistan on 7‐12‐2004 by the Embassy Press Attaché Greggory Crouch.
14. Relations with other Law Commissions: The Commission maintained its contacts with overseas law reform agencies during the year. Through such interaction, ideas have been exchanged on issues of common interest and information has been shared. Copies of reports of the Commission are sent to law reform commissions of the other countries and vice versa. A list of useful contacts is available in Annexure IV.
100
Annex‐I
15. Annexures:
15.1. Former Chairmen of the Commission Name Period
1. Mr. Justice S. Anwarl Haq 15.09.1979 to 25.03.1981 2. Mr. Justice Muhammad Haleem 23.03.1981 to 31.12.1989 3. Mr. Justice Muhammad Afzal Zullah 01.01.1990 to 18.04.1993 4. Mr. Justice Dr. Nasim Hasan Shah 17.04.1993 to 14.04.1994 5. Mr. Justice Saad Saood Jan 15.04.1994 to 05.06.1994 6. Mr. Justice Sajjad Ali Shah 05.06.1994 to 02.12.1997 7. Mr. Justice Ajmal Mian 03.12.1997 to 30.06.1999 8. Mr. Justice Saiduzzaman Siddiqui 01.07.1999 to 26.01.2000 9. Mr. Justice Irshad Hassan Khan 26.01.2000 to 06.01.2002 10. Mr. Justice Bashir Jehangiri 07.01.2002 to 31.01.2002 11. Mr. Justice Shaikh Riaz Ahmed 01.02.2002 to 31.12.2003 12. Mr. Justice Nazim Hussain Siddiqi 31.12.2003 to 29.06.2005
15.2. Former Secretaries of the Commission
Name Period
1. Mr. Abdus Salaam Shibli 15.11.1979 to 26.01.1985 2. Malik Hakam Khan 27.01.1985 to 15.10.1985 3. Mr. M.A. Latif 16.10.1986 to 07.09.1990 4. Mr. Muhammad Zakaullah 08.09.1990 to 31.07.1998
15.3. Former Members of the Commission
From 15 October 1979 to 14 October 1982 (i) Chairman, Council of Islamic Ideology. (ii) Chief Justice, High Court of Baluchistan. (iii) Chief Justice, Lahore High Court. (iv) Chief Justice, High Court of Sindh. (v) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Mr. Justice (Retd) Salahuddin Ahmad, Member, Council of Islamic
Ideology. (viii) Mr. S. Sharifuddin Pirzada, Senior Advocate, Supreme Court and
Attorney General for Pakistan.
101
(ix) Prof. Sheikh Imtiaz Ali, Principal, University Law College, Lahore. (x). Mr. Bashir Ahmad Ansari, Senior Advocate, Supreme Court,
Rawalpindi. (xi) Mr. Z.C. Vallani, Advocate, Karachi. (xii) Mr. Justice (Retd) Dr. I. Mahmud, Member of the Council of
Islamic Ideology, Vice Mr. Justice (Retd) Salahuddin Ahmad (appointed on 1st September 1980).
(xiii) Mr. Justice (Retd) Jamil Hussain Rizvi, Member of the Council of Islamic Ideology, Vice Mr. Justice (Retd) Dr. I. Mahmud (appointed on 6th July 1981).
(xiv) Sheikh Ghias Mohammad, Member of the Council of Islamic Ideology, Vice the late Mr. Justice (Retd) Jamil Hussain Rizvi (appointed on 5th April 1982).
From 26 August 1983 to 25 August 1986. (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, High Court of Baluchistan. (iii) Chief Justice, Lahore High Court. (iv) Chief Justice, High Court of Sindh. (v) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law & Justice. (vii) Mr. S. Sharifuddin Pirzada, Attorney General for Pakistan and
Minister of Law and Justice. (viii) Sheikh Imtiaz Ali, Vice‐Chancellor, Quaid‐e‐Azam University
Islamabad. From 23 November 1987 to 22 November 1990 (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, Federal Shariat Court. (iii) Chief Justice, High Court of Baluchistan. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vii) Secretary, Ministry of Law & Justice (viii) Mr. Ali Ahmed Fazeel, Attorney General for Pakistan. (ix) Mr. Mohammad Ali Sayeed, Advocate, Karachi. (x) Malik Muhammad Qayyum, Deputy Attorney General of Pakistan,
Lahore. (xi) Qazi Muhammad Jamil, Advocate, Peshawar.
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(xii) Sardar Muhammad Iqbal Khan Moakal Principal, University Law
College, Lahore. From 2 January 1991 to 1 January 1994 (i) Mr. Justice Shafiur Rehman, Judge Supreme Court. (ii) Chairman, Council of Islamic of Ideology (iii) Chief Justice, Federal Shariat Court (iv) Chief Justice, High Court of Baluchistan. (v) Chief Justice, Lahore High Court. (vi) Chief Justice, High Court of Sindh. (vii) Chief Justice, Peshawar High Court. (viii) Secretary, Ministry of Law, Justice & Human Rights. (ix) Dr. Hussain Hamid Hassan, President, International Islamic
University (Islamabad). (x) Mr. S. M. Zafar, Senior Advocate, Supreme Court. (xi) Mr. Khalid M. Ishaq, Senior Advocate, Supreme Court. From 14 November 1994 to 13 November 1997 (i) Chairman, Council of Islamic of Ideology. (ii) Chief Justice, Federal Shariat Court. (iii) Chief Justice, High Court of Baluchistan. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vii) Secretary, Ministry of Law, Justice & Human Rights. (viii) Mr. Justice (Retd) Abdul Kadir Sheikh Judge, Supreme Court. (ix) Mr. Justice (Retd) Ali Hussain Qazilbash Judge, Supreme Court. (x) Mr. Mohammad Shafi Rakhsani, ex‐Advocate General Quetta,
Baluchistan. (xi) Mr. Shahzad Jehangir, Senior Advocate, Supreme Court, Lahore. From 13 January 1998 to 12 January 2001 (i) Chief Justice, Federal Shariat Court (ii) Chairman, Council of Islamic of Ideology. (iii) Chief Justice, Baluchistan High Court. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Mr. Justice (Retd.) Shafiur Rehman, Judge Supreme Court.
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(viii) Mr. Justice (Retd) Burhan‐ud‐Din, Judge, Supreme Court. (ix) Mr. Abdul Hafiz Pirzada Senior Advocate, Supreme Court. (x) Mr. Basharatullah, Senior Advocate, Supreme Court From 12 January 2001 to 2004 (i) Justice Qazi Muhammad Farooq, Judge, Supreme Court of
Pakistan (ii) Chief Justice, Federal Shariat Court (iii) Chief Justice, Baluchistan High Court. (iv) Chief Justice, Lahore High Court. (v) Chief Justice, High Court of Sindh. (vi) Chief Justice, Peshawar High Court. (vi) Secretary, Ministry of Law, Justice & Human Rights. (vii) Syed Sharif‐ud‐Din Pirzada, Senior Advocate (viii) Syed Afzal Haider, Senior Advocate (ix) Muhammad Aslam Chishti, Senior Advocate (x) Mr. A.Q. Halepota, Senior Advocate
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15.4. List of Reports
1. First Report on Fatal Accident Act 1855. 2. Second Report on Fatal Accident Act 1855. 3. Report on Establishment of Courts of Qazis Ordinance 1981. 4. Report on Law of Evidence. 5. Report on Rent Restriction Laws and Draft Ordinance. 6. Report ‐ re: the Proposed Draft "Law of Evidence" Prepared by the Council of
Islamic Ideology. 7. Report on Elimination of False Evidence from the Judicial System in the
Country. 8. Report on Elimination of False Evidence. 9. Report on a Reference Received from the Federal Government on the Proposed
Ordinance re: Law of Evidence. 10. Report on Qisas and Diyat. 11. Filling a Legal Vacuum. 12. Reformation of Family Laws. 13. Reformation and Modernization of Service Laws. 14. Report on Rent Restriction Laws. 15. Enhancing the Powers of Wafaqi Mohtasib (Ombudsman). 16. Scheme for the Redressal of Public Complaints. 17. Amendment in the Code of Criminal Procedure. 18. Extension of Jurisdiction of Service Tribunals to Employees of
Statutory Corporations. 19. Eradication of 'QABZA GROUP' Activities. 20. Prevention of Unfair Means in Examination. 21. Improving the Performance of Pakistan Law Commission. 22. Report on Criminal Justice System. 23. Report on Jail Reform. 24. Reformation and Modernisation of Service Laws (Part‐II). 25. The Role of Pakistan Bar Council in the Promotion of Human Rights. 26. Administrative Procedures Act for the Federal Government of Pakistan. 27. Legislation Pertaining to Maternity Benefits. 28. Elimination of Child Labour. 29. Eliminating Double Jeopardy in Drugs‐Related. 30. Reforming the Juvenile Justice System. 31. Amendment in Section 145 of the Cr. P. C. 32. The Small Claims and Minor Offences Courts Ordinance 2001. 33. The Family Courts (Amendment) Ordinance 2001. 34. Conferring the Powers under Section 491 (1) (a) & (b) of the Code of Criminal
Procedure 1898 on the Court of Session. 35. Amicable Settlement Disputes. 36. Enhancement of Pecuniary Jurisdiction of Civil Courts. 37. Enhancement of Pecuniary Appellate Jurisdiction of District Courts. 38. Enhancement of Pecuniary Original Jurisdiction of District Courts at Karachi.
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39. Enhancement of Punishments of Fine under the Pakistan Penal Code. 40. Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure
1898. 41. Trafficking in Children for use as Camel jockeys and engaging in Hazardous
Employment. 42. Addition of the Offence of Molestation to the Pakistan Penal Code 1860 43. Right of Appeal Against Acquittal to Private Complainant under the Anti
Terrorism Act 1997 44. Punishment on Bouncing of Cheques 45. Strengthening Capacity and Expanding the Functions of Law and Justice
Commission of Pakistan 46. Amendment in Section 345 and the Schedule of the Code of Criminal Procedure
1898 to make the Offence of Rioting Compoundable 47. Punishment for the Offence of Gang Rape 48. Releasing the Female Accused on Bail 49. Examination of Sections 54 & 167 of the Code of Criminal Procedure 1898. 50. Prohibition of Unauthorized Business of Sale/Purchase of National Prize Bonds 51. Banning the Tradition of Vani (Giving Female as Consideration for Compromise) 52. Access to Justice Development Fund Rules 2002 53. Amendment in the Pakistan Penal Code 1860 to Provide Punishment for
Absconding from Trial. 54. Reforming the W.P Requisitioning of Immovable Property (Temporary Powers)
Act 1956. 55. Amendment in the Children (Pledging of Labour) Act 1933. 56. Amendment in Sections 11‐A, 11‐B and 11‐C of the Security of Pakistan Act
1952 57. Amendment in Sections 427,428,429 & 435 of the Pakistan Penal Code 1860 58. Enhancing the Limit Prescribed to File Suit in Forma Pauperis 59. Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry 60. Expediting Trial Proceedings 61. Amendments in the Land Revenue Rules 1968 62. Amendment in the Federal Services Medical Attendance Rules 1990 63. Omission of Repealed Section of the Pakistan Penal Code 1860 from the Code
of Criminal Procedure, 1898. 64. Amendment in Section 351 of the Code of Criminal Procedure 1898 65. Amendment in Section 67 of the Pakistan Penal Code 1860 66. Amendment in Section 513 and 514 of the Code of Criminal Procedure 1898 67. Amendment in Section 17 of the Registration Act 1908 68. The Federal Court Bill, 2005 69. Enhancing the Punishment of Fine Prescribed in Various Statutes. 70. The Law Reforms Bill, 2005. 71. Amendment in Access to Justice Development Fund Rules 2002, Work plan for
expenditure of AJDF fund and Amendment in LJCP Employees Rules. 72. Accounting Procedure of Access to Justice Development Fund, 2005. 73. Amendment of Section 10 of the W. Pak. Family Courts Act, 1964. 74. Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 1961
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75. Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of
Hudood) Ordinance, 1979. 76. Enhancement of Punishment of Fine in Provincial Statues 77. Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and
Schedule of the Family Courts Act, 1964. 78. The Recusant Witnesses Act, 1853. 79. Amendment in the Law and Justice Commission of Pakistan Employees (Terms
and Conditions of Service) Rules, 1992. 80. The Jail Reforms (Revised) Report. 81. Registration of Documents 82. Amendment in the First Schedule of the Limitation Act, 1908 & Section 115 of
the Cod of Civil Procedure 1908 83. Amendment of Rules Framed under Stamp Act 1899 84. Execution of Foreign Decrees 85. The Caste Disabilities Removal Act 1850 86. The Kazis Act 1880 87. Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles
Ordinance 1965 and Section 94 of the Motor Vehicles Act 88. Amendment in the Arms Ordinance 1965 89. Preventing Banking Companies to Levy Service Charges on Small Deposits
15.5. Pending Projects
15.6. Papers Completed by the Secretariat 1. Code of Conduct for Judges 2. Establishment of Administrative Courts for Tortious Liability of Government 3. Impeaching the Moral Character of Victim of Rape (Deletion of Section 151 (4)
of Qanun‐e‐Shahdat Order 1984) 4. Post‐divorce ( ) Matta'a for Wife 5. Amendments Suggested in the Pre‐emption Acts 6. Amendment in Pre‐emption Law 7. Extension of Transfer of Property Act 1882 to Islamabad Capital Territory 8. Rationalising Stamp Duty on Instruments 9. Reform of Hudood Laws 10. Amendment in the Dissolution of Muslim Marriages Act 1939 11. Amendments in the Pakistan Citizenship Act 1951 12. Amendment in Section 60 and Order XXI of the Code of Civil Procedure 1908 13. Eradication of "Qabza" Group Activities 14. Amendment of Section 197 of the Code of Criminal Procedure 1898 and Section
6 (5) of the Criminal Law Amendment Act 1958 15. Amendment in the Majority Act 1875 16. Amendment in the Guardian and Wards Act 1890 17. Eliminating the Custom of Vanni (Giving Female in Marriage as Consideration
for Compounding Disputes/Offences)
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18. Deletion of Subsection (2) of Section 12 of the Code of Civil Procedure 1908 19. Amendment in Article 128 of the Qanun‐e‐Shahadat Order 1984 20. Reforming the Legal Practitioners and Bar Councils Act 1973 21. Amendment in Section 54 & 55 of the Code of Criminal Procedure 1898 22. Amendment in Article 17 of the Qanun‐e‐Shahadat Order 1984 23. Amendment in the Pakistan Names and Emblems (Prevention of Unauthorised
Use) Act 1957 24. Amendment in Section 17 of the Prohibition (Enforcement of Hadd) Order 1979 25. Amendment in Juvenile Justice System Ordinance 2000 26. Amendment in the Payment of Wages Act 1936 27. Pre‐trial Hearing/Conference 28. Changing the Nomenclature of Subordinate Judicial Officers 29. The Utility Services (Redressal of Complaints) Bill 2000 30. The Water Supply Service (Redressal of Complaints) Bill 2000 31. The Consumer Protection Bill 2000 32. Early Disposal of 10 Years Old Cases 33. Amendment in the CPC and Registration Act 34. Alternate Procedure for Recording F.I.R. 35. Amendment of Section 250 Cr. P. C. 36. Amendment in the Contract Act 1872 37. Amendment in Section 102 of CPC 38. Omission of Sub‐rule (I) of Rule 4, Order XX of CPC 39. Amendment of Sections 400, 401 & 402 of the Pakistan Penal Code 1860 (Act
XLV of 1860) 40. Amendment in Section 107 of the PPC to make Unlawful Jirga Verdict an
offence 41. Method of Execution of Death Sentence 42. Deletion of Paragraphs & Sections of Land Reforms Regulations 1972, Land
Reforms Act 1977 and Punjab Tenancy Act 1887 Declared Repugnant to the Injunction of Islam by the Shariat Appellate Bench of the Supreme Court of Pakistan.
43. Amendment in Section 2 of the Succession Act 1925 44. Amendment in Column 7 of 2nd Schedule of the Code of Criminal Procedure
1898 against Section 337A (v) of the PPC 45. Amendment in Section 95 of CPC 46. Amendment in Section 35A of CPC 47. Amendment in the Dowry and Bridal Gifts Act 1976 48. Amendment in Sections 5 & 6 of the Sugar‐Cane Act, 1934 49. Amendments in the Cantonments Pure Food Act, 1966 50. Amendment in Sections 54, 68, 70(2), 71, 72 & 93 of Order XL of the Code of
Civil Procedure 1908 51. Amendment in Section 5 of the Criminal Law Amendment Act, 1958 52. Amendment in Sections 44 & 45 of the Code of Criminal Procedure 1898 53. Amendment in Section 516A of the Code of Criminal Procedure, 1898 54. Amendment in the Child Marriage Restraint Act, 1929 55. Amendment of Section 250 Cr. P. C.
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56. Amendment in the Code of Criminal Procedure 1898 for Substitution/Deletion
of Obsolete Provisions 57. Corruption and Corrupt Practices in Public Service 58. Amendment in Sections 294‐A & 294‐B of the Pakistan Penal Code 59. Blasphemy Law
17.7. Papers on Which Work is in Progress 1. Measures for Welfare of Senior Citizens 2. Tribunal for Tortious Liability of Government Servants 3. Amendment in the PPC to Make More Offences Compoundable 4. Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law 5. Legislation for Regulating Domestic Servants 6. Reformation of Laws Relating to Children to Bring them in Conformity with the
International Convention on the Rights of the Child 1989, Including Issues such as Birth Registration, Health, Education, Child Labour, Juvenile Justice System
7. Amendments in Hudood Laws 8. Reformation of Personal Law of the Christian Community Pertaining to
Inheritance and Family Matters 9. Modernisation of Transportation Laws 10. Reformation of Electoral Laws (Including issues such as Composition and
Functions of Election Commission, Political Parties Law, Representation of People Act 1976, Delimitation of Constituencies Act 1974, Electoral Rolls Act 1974, Proportional Representation System, Representation of Women in Elective Bodies)
11. Amendments in Laws/ Rules Relating to Forests 12. Amendment in Qanun‐e‐Shahadat Order 1984 13. Regulating the Brick‐Kiln Labour 14. Amendments in Qisas and Diyat Law 15. Unification/Codification of Hindu Personal Law Relating to Matrimonial Affairs
and Inheritance 16. Reformation of Cantonment Act/Rules 17. Reviewing Discriminatory Legislation Pertaining to Women 18. Amendments in Child Marriage Restraint Act 1929 19. Proposed Legislation for Regulating the Business of Motor Vehicle Dealers and
Real Estate Agents 20. Law of Accountability 21. Law of Freedom of Information 22. Law on Regulating Shelter Home/Darul Aman 23. Amendments in the Arbitration Act 1940 24. Scheme for Provision of Free Legal Aid and Protection of Human
Rights/Freedoms 25. Controlling the Abuse of Discretionary Powers 26. Amendments in Fatal Accidents Act 1855 27. Amendment in Canal and Drainage Act 1873
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28. Reformation and Modernisation of the Civil Service (Amendments to the Civil
Servants Act 1973, the Service Tribunal Act 1973, The Public Service Commission Ordinance 1977 and the Rules Made Thereunder)
29. Amendment in Companies Ordinance 1984 30. Amendment in Zakat and Ushr Ordinance to Remove Anomalies/Contradiction
Therefrom 31. To Check Unauthorised Telephone Taping/Eavesdropping as per Direction
Contained in Judgment of the Supreme Court 32. Liability of Directors of the Company Towards its Creditors and Shareholders
for Healthy Economic Growth 33. Reformation of Emigration Laws 34. Reforming the Limitation Act 1908 35. Curbing Sexual Harassment at the Workplace 36. Law of Nazar‐ul‐Mazalim (Giving Special Powers to Existing Courts for Handling
Tort Cases) 37. Reforming the NWFP Tenancy Act 1950 38. Reforming the Law and Procedure of Liquidation and Auctioning 39. Reforming the Code of Civil Procedure 1908 40. Measures to Check Incidents of Domestic Violence 41. Regulating Benami Transactions 42. Reforming the Code of Criminal Procedure 1898 43. Registration of Land Titles 44. Maintenance (Kifalat) of Young and Elderly Indigent Relatives 45. Amendment in Pure Food Ordinance 1960 46. Amendment in Bonded Labour System (Abolition) Act 1992 47. Amendment in the Electricity Act 1910 48. Amendment in W.P. WAPDA Act 1958 49. Amendment in Sales of Goods Act 1930 50. Amendment in Prevention of Cruelty to Animals Act 1890 51. Amendment in Easements Act 1882 52. Amendment in Shops and Establishment Ordinance 1965 53. Amendment in Land Revenue Act 1967 54. Amendment in Order 37 of Civil Procedure Code 1908 55. Amendment in Probation of Offenders Ordinance 1960 56. Amendment in Pakistan Bait‐ul‐Mal Act 1991 57. Amendment in the Cooperative Societies Act 1912 58. Amendment in the Society Registration Act 1860 59. Amendment in Islamabad Rent Restriction Ordinance 2001 60. Amendment in Juvenile Justice System Ordinance 2000 61. Examine the Original, Appellate, Review and Revisional Jurisdiction of Various
Courts 62. Amendment in the Oaths Act 1873 63. Amendment in Loudspeakers and Sound Amplifiers Ordinance 1964 64. Amendment in Federal Employees Benevolent Fund and Groups Insurance Act
1969 65. Amendment in Wild Birds and Animals Protection Act 1912
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66. Amendment in Dangerous Cargoes Act, 1953 67. Amendment in Conciliation Courts Ordinance 1961 68. Amendment in Female Infanticide Prevention Act 1870 69. Amendment in Promissory Notes Stamps Act 1899 70. Amendment in Workmen's Compensation Act 1923 71. Reform of the Frontier Crimes Regulation 1901 72. Rationalising the Punishment of Imprisonment Prescribed under Various
Statutes 73. The Interest Act, 1839 74. The Public Accountants Default Act, 1850 75. The Judicial Officers Protection Act, 1850 76. The Caste Disabilities Removal Act, 1850 77. The Tolls Act, 1851 78. The Recusant Witnesses Act, 1853 79. The Mesne Profits and Improvements Act, 1855. 80. The Legal Representatives Suits Act, 1855 81. The Bills of Lading Act, 1856 82. The Hindu Widows Re‐Marriage Act, 1856 83. The Society Registration Act, 1860. 84. The Stage‐Carriages Act, 1861 85. The Excise (Spirits) Act, 1863 86. The Carriers Act, 1865 87. The Public Gambling Act, 1867 88. The Sarais Act, 1867 89. The Divorce Act, 1869 90. The Cattle‐Trespass Act, 1871 91. The Pensions Act, 1871 92. The Punjab Laws Act, 1872 93. The Government Savings Banks Act, 1873 94. The Married Women's Property Act, 1874 95. The Laws Local Extent Act, 1874 96. The Sind Revenue Jurisdiction Act, 1876 97. The Treasurer‐Trove Act, 1878 98. The Arms Act, 1878 99. The Ferries Act, 1878 100. The Elephants' Preservation Act, 1879 101. The Hackney‐Carriage Act, 1879 102. The Dekkhan Agriculturists' Relief Act, 1879 103. The Kazis Act, 1880 104. The Obstruction of Fairways Act, 1881 105. The Tramways Act, 1886 106. The Merchandise Marks Act, 1889 107. The Bankers' Books Evidence Act, 1891 108. The Marriages Validation Act, 1892 109. The Lansdowne Bridge Act, 1892 110. The Government Tenants (North‐West Frontier) Act, 1893
111
111. The Sind Encumbered Estates Act, 1896 112. The Fisheries Act, 1897 113. The Lepers Act,, 1898 114. The Post Office Act, 1898 115. The Stamps Act, 1899. 116. The Government Buildings Act, 1899 117. The Glanders and Farcy Act, 1899 118. The Church of Scotland Kirk Sessions Act,1899 119. The Tolls (Army and Air Force) Act, 1901 120. The Pakistan Coinage Act, 121. The Criminal Law Amendment Act, 1908 122. The Insolvency (Karachi Division) Act, 1909. 123. The Whipping Act, 1909 124. The Dourine Act, 1910 125. The Prevention of Seditious Meetings Act 1911 126. The Wild Birds and Animals Protection Act,1912 127. The Official Trustees Act, 1913 128. The Hindu Disposition of Property Act,1916 129. The Destruction of Records Act, 1917 130. The Cotton Cloth Act, 1918 131. The Local Authorities Pensions and Gratuities Act 1919 132. The Poisons Act, 1919 133. The Securities Act, 1920 134. The Charitable and Religious Trusts Act, 1920 135. The Maintenance Orders Enforcement Act, 1921 136. The Cotton Transport Act, 1923 137. The Mines Act, 1923 138. The Cantonments (House‐Accommodation) Act, 1923 139. The Cotton Cess Act, 1923 140. The Official Secrets Act, 1923 141. The Mussalman Wakaf Act, 1923 142. The Cotton Ginning and Pressing Factories Act, 1925 143. The Provident Funds Act, 1925 144. The Sikh Gurdwaras (Supplementary) Act, 1925 145. The Government Trading Taxation Act, 1926 146. The Legal Practitioners (Fees) Act, 1926 147. The Forest Act, 1927 148. The Lighthouse Act, 1927 149. The Lac Cess Act, 1930 150. The Hindu Gains of Learning Act, 1930 151. The Provisional Collection of Taxes Act, 1931 152. The Criminal Law Amendment Act, 1932 153. The Factories Act, 1934 154. The Petroleum Act, 1934 155. The Parsi Marriage and Divorce Act, 1936 156. The Arbitration (Protocol and Convention) Act, 1937
112
157. The Hindu Women's Rights to Property Act, 1937 158. The Arya Marriage Validation Act, 1937 159. The Rules and Regulations Continuance Act, 1937 160. The Federal Court Act, 1937 161. The Cutchi Memons Act, 1938 162. The Criminal Law Amendment Act, 1938 163. The Dissolution of Muslim Marriages Act, 1939 164. The Standards of Weight Act, 1939 165. The Registration of Foreigners Act, 1939 166. The Commercial Documents Evidence Act, 167. The Agricultural Produce Cess Act, 1940 168. The Mines Maternity Benefit Act, 1941 169. The Professions Tax Limitation Act, 1941 170. The War Injuries Ordinance, 1941 171. The Railways (Local Authorities, Taxation) Act, 1941 172. The Motor Vehicles (Drivers) Ordinance, 1942 173. The War Injuries (Compensation Insurance) Act, 1943 174. The Cotton Cloth and Yarn (Contracts) Ordinance, 1944. 175. The Coconut Committee Act, 1944 176. The Railway Stores (Unlawful Possession)Ordinance, 1944 177. The Public Debt Act, 1944 178. The Criminal Law Amendment Ordinance, 1944 179. The Post Office National Savings Certificates Ordinance, 1944 180. The Oil Seeds Committee Act, 1946 181. The Riot and Civil Commotion Risks Insurance Ordinance, 1947. 182. The Prevention of Corruption Act, 1947 183. The Foreign Exchange Regulation Act,1947 184. The Pakistan (Exchange of Prisoners) Ordinance, 1948 185. The Sind Textile Board Ordinance, 1949 186. The Imports and Exports (Control) Act, 1950 187. The Karachi Hotels and Lodging‐Houses (Control) Act, 1950 188. The Vagrancy (Karachi Division) Act, 1950 189. The Land Control (Karachi Division) Act, 1952 190. The House Building Finance Corporation Act, 1952 191. The Employment (Record of Services) Act, 1952 192. The Karachi Electricity Control Act, 1952 193. The Dangerous Cargoes Act, 1953 194. The Karachi Rent Restriction Act, 1953 195. The Karachi Essential Articles (Price Control and Anti Hoarding) Act, 1953 196. The Charitable Funds (Regulation of Collections) Act, 1953 197. The Pakistan Junior Cadet Corps Act, 1953 198. The Emergency Powers Ordinance, 1955 199. The Invalid Provincial Acts Confirmation Ordinance, 1955. 200. The Questioned Provincial Act, Confirmation Ordinance, 1955 201. The Pakistan Commission of Inquiry Act, 1956 202. The United Nations (Declaration of Death of Missing Persons) Act, 1956
113
203. The International Finance Corporation Act, 1956 204. The Drugs and Medicines (Indemnity) Act, 1957 205. The Cotton Act, 1957 206. The Pakistan Criminal Law Amendment Act,, 1958 207. The Public Order (Meetings) Ordinance, 1958 208. The Medical Qualifications (Information) Ordinance, 1960 209. The Coal Mines (Fixation of Rates of Wages) Ordinance, 1960 210. The Notaries Ordinance, 1961 211. The Pakistan College of Physicians and Surgeons Ordinance, 1962 212. The Employees Social Insurance Ordinance, 1962 213. The Indecent Advertisements Prohibition Act, 1963 214. The Central Government Lands and Buildings (Recovery of Possession)
Ordinance, 1965 215. The Civil Services (Qualification for Appointment as High Court Judge) Act, 1965 216. The Ex‐Government Servants (Employment with Foreign Governments)
(Prohibition) Act, 1966 217. The Dormant Funds (Administration) Act, 1966 218. The Import of Goods (Price Equalization Surcharge) Act, 1967 219. The Pharmacy Act,1967 220. The Companies Profits (Workers Participation) Act, 1968 221. The Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969 222. The Federal Employees Benevolent Fund and Group Insurance Act, 1969 223. The War Risks Insurance Continuance Ordinance, 1969 224. The Bait‐ul‐Mal Act, 1991. 225. The Islamabad Rent Restriction Ordinance, 2001
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17.8. Public Awareness Program
17.8.1. Recent Publications
1. Composition of District Government, Powers and Responsibilities 2. Transfer of Criminal Cases 3. District Government 4. Unlawful Confinement and Punishment Thereof. 5. Abetment and its Punishment 6. Unlawful Restraint and Punishment Thereof. 7. Public Prosecutor 8. Protection of Communal minorities 9. Powers of Justice of the peace in the light of judgment of the Lahore high court 10. Appearance of the Parties and consequences of non appearance 11. Federal mental health authority and its functions 12. Offences affecting the public and their punishments 13. Composition of Zila Council its Secretariat and Conduct of business. 14. Law against Land Mafia 15. Functions & Powers of Zila Council 16. Transparency under Local Govt. Ordinance 17. Public Participation in the meetings of Union, Tehsil & Zilla council 18. Improvements of land and procedure for production under Punjab tenancy act. 19. Appointment of Guardian for Mentally Disordered Persons. 20. ‐Punjab Consumer Protection Act 2005 21. How to get Information from Public Department 22. Illegal Dispossession Act. 2005 23. Procedure for Casting Of Votes 24. Enforcement of Section 144 25. Functions and Powers of Executive District officer 26. Legal Disability 27. Fundamental rights and their safe guards. 28. Sedition under Section 124‐A or Offences against society. 29. Suite by or against Government 30. Law of Etopple 31. Decree obtained by fraud or misrepresentation. 32. Worker's Children Education Ordinance, 1972 33. Transfer Of Criminal Cases 34. Functions and Administration of Evacuee Trust Property Board 35. Suits and Appeals concerning Evacuee Trust Property Board 36. The Rights of Consumers and protection thereof under the Punjab Customer
Protection Act. 2005 37. Laws And Regulations Relating to Dangerous Buildings 38. The Responsibities of the Authority and the council for the protection of rights
of consumers in Punjab 39. Tehsil Municipal Administration 40. Miscellaneous functions of Zilla Council
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41. Unfair Labour Practices on the part of Workmen 42. Unfair Labour Practices on the part of Employers 43. Procedure for Recovery of rent 44. Prohibition of Music on the Temples of Muslims 45. Kinds of Murder and Punishments thereof 46. Surrender of Illicit Arms Act 1991 47. The Consumer Courts in Punjab & Procedure for lodging of Complaints 48. The Re‐dressal of Grievances of Consumer under the Consumer Law in Punjab
and punishment for Violation Thereof. 49. Filing of Suits on Behalf of Pauperis 50. Functions and Powers of Tehsil Municipal Administration 51. Functions and Powers of Town Municipal Administration 52. Duties of Display Information Officer for Registration of Votes 53. Qatal and Punishment thereof under the Pakistan Penal Code 1860 54. Facilities under the Railways Act and Punishment for Violation thereof 55. Offences and their Punishment under the Mental health Ordinance 2002 56. Tehsil Nazim 57. Functions of Labour Courts and its Procedure Thereof 58. Miscellaneous Matters Related to Tehsil Nazims 59. Crimes Relating to Religion and Punishment Thereof. 60. Management and Maintenance of Government Properties 61. Role of Political Parties and Observers During Election Process 62. Sale of Obscene Literary Material & Its Punishment 63. Tehsil Council 64. Offences Against Islam and Punishment Thereof 65. Slaughter House 66. Prosecution Service in NWFP 67. Criminal Breach of Trust and its Punishment 68. Cases which are based on False Accusations and their Punishment 69. Town Council 70. Attempt to Commit Offences and Punishment Thereof 71. Appointment of Commission in Civil Cases 72. The Punjab Prohibition of Expressing Matters on Walls Act, 1995 73. The Explosive Substances Act 74. Union Administration 75. Miscellaneous information regarding Tehsil Council 76. Pakistan Bar Council 77. Punjab destitute and Neglected Children Act, 2004 78. Courts for the Protection of destitute and Poor Children's Rights 79. Reformatory School's Act 1897 80. Criminal Intimidation and its Punishment Under Pakistan Penal Code 81. Adjournments in civil suits 82. Offences & their punishments related to cheating 83. Punishment of rape and fornication 84. Prevention of Anti‐National activities Act 1974 85. Offence of Qazif and its Punishment
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86. Offences Relating to Marriage and their Punishments 87. Offence of Rape Liable to Hadd 88. Transfusion of Safe Blood 89. Problems in Casting Vote and their Solutions 90. The Procedure of Complaints in the offence of Qazif 91. Shops and Establishment (security) System in Punjab 92. Lawyers Competency for different Courts 93. Terrorism and its Punishment in Anti‐Terrorism Act 94. Offences which are Committed by the Prisoners and Punishment thereof 95. The Prohibition of Ex‐Government Servants employment with foreign
Government and Foreign Agency 96. Islamabad Capital Territory Private Education Institutions (Regulation and
Promotion) Ordinance 2007 97. Musalihat Anjuman 98. Functions of Union Nazim 99. Special Rules regarding process issued for services or execution outside
Pakistan and processes received from outside Pakistan for services or execution within Pakistan
100. Renunciation of citizenship 101. Dramatic Performance Act 1876 102. Punishment for destruction of will 103. Transplantation of human organs or tissues and Punishment on violence 104. The Punjab Prohibition of Private money Landing Act 105. The Prohibition of use Polythene Bags 106. Punjab Primary Education Ordinance 1994 107. Citizen Community Board 108. Malpractices in the Examination of Punjab Public Service Commission and
Punishment 109. Violation of a Contact and its Punishment under the Section 491 of Pakistan
Penal Code 110. Powers of President and Provincial Government to Pardon, Suspend and
Commute the Sentence 111. Offence relating to Slavery & Forced Labour 112. The Children (Pledging of Labour) Act, 1933 113. Withdrawal of Suit of Abandonment or part of Claim 114. Law of Intellectual Property 115. Sale of Moveable Property Under Code of Civil Procedure, 1908 116. Suit for Breach of Contract of Sale of Goods 117. Formation of the Contract of Sale of Goods 118. Rights of Unpaid Seller Against the Goods 119. Vocational and Training Education Commission 120. Power & Functions of Commission established under the National Disaster
Management Ordinance, 2006 121. Juvenile Justice Rules 122. Drinking And Its Sentence
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123. License of Articles Containing Intoxicating Liquor for Bona Fide, Medical or
Other Same Purposes 124. Removal, Suspension of Servants in Government or Corporation Service 125. Federally administered Tribal areas Compulsory Primary Education Law 126. Juvenile Justice System Law 127. Procedure for Free Legal Assistance 128. Abolition of Sardar System Act. 129. Islamabad Capital Territory, Shop, Business & Industrial establishment Security 130. Appointment of different personnel's to prevent violation of prohibition of
smoking ordinance 131. Law Relating to Treatment and Rehabilitation of Addicts 132. Establishment of Pakistan Study Centers 133. Law Relating to the Diseases of Horses 134. Law Relating to Fair Marriage of Sikhs 135. Law relating to Vehicles of N.W.F.P province 136. Child Marriage Restraint Act 137. Obligations of hotel keepers & others to furnish Particulars 138. The Foreigners Act 139. Penalty on employing Lepers in Prohibited Trade 140. Offences and Their Punishment Under Police Order 2002 141. Counterfeiting Government Stamp & Its Punishment 142. Establishment of Finance Commissions, Functions, Duties & Powers 143. Responsibility of Police in relation to unclaimed property 144. Islamabad Prohibition of Division of Residential Plots Ordinance 145. Acting as agents of Moalims Prohibtion Ordinance 1980 146. Facts which need not be proved 147. Zilla Mohtasib, Jurisdiction, Functions & Powers 148. Unlawful compulsory labour and its punishment under the Pakistan Penal Code 149. Punishment for harboring of offender under the Pakistan Penal Code
17.8.2. Volume 1 1. Law of Marriage 2. Law of Divorce 3. Law of Dower 4. Law of Inheritance 5. Law of Gift 6. Law of Waqf 7. Law of Pre‐emption 8. Rent Laws 9. Importance of National Identity Card & Procedure for its Obtaining 10. Procedure for Registration of FIR. 11. Procedure for obtaining Succession Certificate 12. Procedure for Obtaining Letter of Administration 13. Procedure for Registration of Complaints in the Office of Ombudsman and
Process thereof
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14. Law and Procedure for the Maintenance of wife and Children 15. Law and Procedure Concerning Child Custody 16. Procedure for Registration of Motor Vehicles. 17. Procedure for Transfer of Immovable Property. 18. Rights/Safeguards Available to Child in Juvenile Justice System 19. Procedure for Redressal of Grievances of Public Servants Against Departmental
Action. 20. Female Share in the Property of Deceased Person 21. Nikah Nama and Filling of its Columns 22. Fundamental Constitutional Rights and Their Enforcement by Courts 23. Procedure for Filing Civil Suits/Written Statements. 24. Jurisdiction of Supreme Court of Pakistan 25. Jurisdiction of Federal Shariat Court 26. Jurisdiction of High Court 27. Jurisdiction of Lower Courts
17.8.3. Volume 2 1. Procedure for obtaining Domicile Certificate 2. Laws Prohibiting Child Labour 3. Settling Claims and Disputes Through Arbitration 4. Procedure for issuing of summons and Process thereof 5. Rights and Liabilities of Attorney under the Power of Attorney Act. 1882 6. The Importance of investigation in Criminal Cases and Procedure Thereof 7. Procedure for Trial under the Family Courts Act 1964. 8. Law and Procedure Relating to Arrest, Detention and Bail of the Accused. 9. Penalties for Physical Violence Under PPC 1860 10. Compoundable Offences and Procedure Thereof 11. Regulating the Use of Loudspeaker under the Loud speaker and Sound
Amplifier Ordinance 1964 12. Criminal liability for Production, Consumption, Possession and Trafficking in
Narcotics and Intoxicants 13. Law Relating to Restriction of Dowry. 14. Child Marriage Restraint 1929 15. Registration of Marriage under the Muslim Family Laws Ordinance 1961 16. Law of Habeas Corpus. 17. Laws and Procedure Relating to Removal of Public Nuisance 18. Law and procedure for obtaining Temporary Injunction and Permanent
Injection 19. Dissolution of Muslim Marriages Act 1939. 20. False Evidence and Effects thereof 21. Laws Relating to Compensation For the Injured Passengers in road accidents 22. Cost in Respect of Vexatious Claims Under CPC 1908 23. Conditions & Procedure to Contract Second Marriage 24. Pure Food Ordinance 1960 25. Requirement of Valid Contract under law of contract act 1872
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26. Bouncing of Cheque and its punishment thereof. 27. Law and Procedure for Regulating Traffic 28. Procedure to Obtain Copies of judgment e.t.c. 29. Rights of Consumer under Consumer Protection Act 1995 30. Etiquette for medical professionals and Procedure for Legal Action on Account
of Negligence of Medical Professionals 31. Prohibition of Smoking in Public Places 32. Federal Employees Benevolent Fund And Group Insurance Act 1969. 33. Ehtram‐e‐Ramazan Ordinance 1981. 34. Procedure for Registration of Complaints in the office of Tax Ombudsman and
Process thereof. 35. Functions of NEPRA Under the Regulation of Generation Transmission and
Distribution of Electric Power Act 1997 36. Functions of the Pakistan Telecommunication Authority (PTA) Under the
Telecommunication Act 1996 37. Female Right of Inheritance in the light of Supreme Court Judgment 38. Functions of OGRA under the Oil and Gas Regulatory Authority 39. Zakat and Ushr under the Zakat and Ushr Ordinance 1980 40. Functions of PEMRA under the Pakistan Electronic Media Regulatory Authority
Ordinance 2002 41. Stove Burn Victim in the Light of Lahore High Court Judgment (PLD‐9991 LHR) 42. Punjab Marriage Functions (Prohibition of Ostentatious Display and Wasteful
Expenses) Act 2003. 43. Functions of the Securities and Exchange Commission of Pakistan 44. National Accountability Bureau Ordinance1999 45. Procedure for Evidence Under The Qanon‐e‐Shahadat Order 1984. 46. Killing in the name of Honor/Siyahkari in the Light Of Judgments of Superior
Courts 47. The Publication of the Holy Quran (Elimination of Printing Errors) Act, 1973. 48. Procedure for Child Registration at Birth 49. Prohibition of Indecent Advertisement Act 1963 50. The Contempt of Court Ordinance 2003. 51. Law relating to Prohibition of Marriage of Government Servants with Foreign
Nationals. 52. Claims Falling under the Specific Relief Act, 1877 53. Illegal Removal of the Custody of Minors from One Country to Another
Country. 54. The responsibility of drivers and procedure for compensation for the injured
passenger under Motor Vehicle Ordinance 1965. 55. Law for driving Motor Vehicle and Punishment for Violation thereof 56. Canons of Professional Conduct And Etiquette for Lawyers 57. Law and procedure of Disciplinary Proceedings Against Lawyers 58. Pakistan Names and Emblems (Prevention of Unauthorized Use) Act, 1957 59. Laws Relating to Defamation 60. Laws Relating to Qisas and Diyat 61. Prevention and Control of Human Trafficking
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62. Law and Procedure For The Rehabilitation of Disable Persons 63. Freedom of Information Ordinance 2002 64. Legal Importance of Dying Declaration 65. The rights Peoples and Responsibilities of the Police under the Police Order
2002 66. Payment of Wages Act, 1936
17.8.4. Volume 3 1. Islamabad Capital Territory Compulsory Primary Education Ordinance, 2002 2. Establishment of Baitul Maal and Distribution of Charity Therefrom under the
Pakistan Bait‐ul‐Maal Act 1991 3. Law of Bail 4. The Pakistan Environment Protection Act,1997 5. Prohibition of Cruelty to Animals Under the Animals Act 1890. 6. Protection of Breast feeding and child Nutrition Ordinance 2002 7. The Role and Importance of Musalhat Anjuman under the Local Government
Ordinance, 2001 8. Islamabad Rent Restriction Ordinance 2001 9. Investigation against (Women accused) in Hudood Cases. 10. Offence Committed in the name or on the pretext of Honour. 11. Offences and Punishment on account of Negligence on Highways thereof Under
the National Highways Safety Ordinance 2000. 12. Punishment for giving Females in Marriages or Otherwise in Badal‐e‐Sullah. 13. Investigation of Offence Under 295C P.P.C in Blasphmey cases. 14. Bounded Labour System (Abolition) Act, 1992. 15. Res Judicata. 16. Offences relating to Passport 1974. 17. The Probation of offenders Ordinance, 1960. 18. Drug Act 1974. 19. Kinds of Theft and Punishment there of. 20. Law of Prohibition of Wasteful expenses in marriage ceremonies 21. Law of Dissolution of Marriage and Khulla 22. Kinds of Kidnapping and Abduction and their Punishment Thereoff. 23. Law of Guardians and Wards. 24. Forgery and its Punishment Thereoff. 25. Offences related to weight and measure 26. Jurisdiction of Highcourt in case of violation of constitutional rights 27. offences against the state 28. Electronic Transaction Order 29. Law & Procedure of obtaining free education 30. Appointment of Justice of Peace and his Duties. 31. Preventive Action of the Police. 32. Law and Procedure for Summary Trials. 33. Punishment of Trespass
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34. Law of Prosecution of Public Servant in the Light of Decisions of the Superior
Courts. 35. Responsibilities of Advocate General of Pakistan 36. Responsibilities of Attorney General of Pakistan 37. Offences against the State / High Treason. 38. Laws relating to Documentary Evidence 39. Exemption of certain persons from Personal appearance in the civil courts. 40. Suits against minors/insane person 41. Oral Evidence and recording thereof
17.8.5. Volume 4 1. Procedure Of Registration of firm according to Partnership act 1932 2. injured Person Medical Act, 2004 3. Law Of Dangerous Kite Flying 4. Attachment Before Judgment 5. Crimes relating to theft of property 6. Criminal Conspiracy 7. Dissolution of firm 8. Appointment of Legal Adviser 9. Procedure for Registration of Documents 10. Will and procedure for registration thereof. 11. Attachment of Property in Execution proceedings 12. Offences Against Public Tranquility 13. Procedure for Recovery in Negotiable Instruments 14. Offences Related to Election 15. Marriage Functions (prohibition of ostentatious displays and waste full
expenses) Ordinance, 2000 16. Precautionary Measures of Police 17. Private Complaint 18. Power of Court to Acquit the Accused at any Stage of Trial 19. Rights and liabilities of Seller and Buyer Under the Sale of Goods act 1930 20. District Nazim And His Powers (in Punjab) 21. Criminal Misappropriation of property 22. Extortion 23. Robbery 24. Supreme Court review powers on its judgments 25. Oath's Law and Procedure 26. Unani, Ayuervedic and Homeopathic practitioners rights 27. Damage and recovery through courts 28. Punishment of giving wrong information to public servant to threaten him 29. Paragraph 22, 23 and 24 Land Reforms Regulation in light of supreme court
judgement 30. Supreme Court Judgement in 2‐A of the Service Tribunal Act 1973
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17.9 Officers & Staff of the Secretariat
S. No. Designation Name Office 1. Secretary Dr. Faqir Hussain 051‐9214109
9220483 Ext. 1012. PS to Secretary Raja Khalid Mehmood 051‐ 9214109
9220483 Ext. 108 3. Joint Secretary – I Malik Muhammad Iqbal 051‐ 9217454
9220483 Ext. 103 4. Joint Secretary – II Shaikh Habib‐ur‐Rehman 051‐ 9214506
9220483 Ext. 102 5. Joint Secretary – III Mr. Humayun Ahmed 051‐ 9214793
9220483 Ext. 105 6. Deputy Secretary – I Mr. Mumtaz Ahmed 051‐ 9214797
9220483 Ext. 104 7. Deputy Secretary ‐ II Mr. Nasrullah Khan 051‐9208752
9220483 Ext. 110 8. Deputy Secretary – III Mr. Manzoor Shaikh 051‐9209412
9220483 Ext. 119 9. Deputy Secretary – IV Raja Faisal Iftikhar 051‐9209412
9220483 Ext. 10610. MIS Manager Mr. Muhammad Tanveer 051‐9207183
9220483 Ext.11811. Research Officer – I Dr. Muhammad Tahir 051‐9207255
9220483 Ex. 120 12. Research Officer – II Ms. Fowzia Jalal Shah 051‐9207265
9220483 Ex. 125 13. Research Officer – III Mr. Qasim Aslam Minhas 051‐ 9207244
9220483 Ex. 124 14. Research Officer – IV Mr. Abdul Nabi 051‐9201053
9220483 Ex. 122 15. Research Officer – Fund Mr. Waseem Javaid 051‐9207242
9220483 Ex. 126 16. Computer Programmer – I Mr. Muhammad Ali 051‐9220486
9220483 Ex. 117 17. Section Officer
(Audit/Accounts) Mr. Muhammad Sajjad 051‐9220370
9220483 Ex. 111 18. Section Officer (Law) Ms. Tanveer Badar 051‐9207246
9220483 Ex. 123 19. Assistant Accounts Officer Mr. Irfan‐ul‐Haq 051‐9220370
9220483 Ex. 11320. Superintendent Admin Mr. Shahid Khalid 051‐9220376
9220483 Ex. 109 21. Superintendent (Research) Mr. Ihsanullah Khan 9220483 Ext. 121
22. Librarian Syed Nasir Ali Shah 9203584
123
9220483 Ext. 116
23. Computer Operator Malik Mansoor Riaz 9207183 Ext 129 Exchange: 051‐9220483, Fax: 9214416 Email: [email protected]
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17.10 Addresses of other Law Commissions:
AUSTRALIA Australian Law Reform Commission GPO Box 3708 Sydney NSW 1044 Ph: (02) 9284 6333 Fax: (02) 9284 6363 E‐mail: [email protected] URL: www.alrc.gov.au
GAMBIA The Law Reform Commission Of the Gambia PO Box 266 Banjul THE GAMBIA
KENYA Kenya Law Reform Commission Box 34999 Nairobi KENYA Ph: + 254 2 220 888/9 Fax: + 254 2 336 499
BANGLADESH Bangladesh Law Reform Commission Old High Court Building Dhaka 1000 BANGLADESH Ph: + 880 2 9559004 Fax: + 880 2 9560843 E‐mail: [email protected]
GHANAGhana Law Reform Commission PO Box M. 63 Accra GHANA Ph: + 233 21 228898 E‐mail: [email protected]
LESOTHOLaw Reform Commission of Lesotho PO Box 33 Maseru 100 LESOTHO Ph: + 266 313236 Fax: + 266 311092
CANADA Law Commission of Canada 473 Albert Street, 11th Floor Ottawa Ontario KIA OH8 CANADA Ph:+1613 946 8980 Fax:+1613 946 8988 E‐mail: [email protected] URL: www.lcc.gc.ca
HONG KONG Law Reform Commission of Hong Kong 20th Floor, Harcourt House 39 Gloucester Road Wanchai HONG KONG Ph: + 852 2528 0472 Fax: + 852 2865 2902
MALAWI Malawi Law Commission Private Bag 373 Lilongwe 3 MALAWI Ph: + 265 782822 Fax: + 265 782532 E‐mail: [email protected]
ENGLAND & WALES Law Commission Conquest House 37‐38 John St Theobalds Road London WC1N 2BQ UNITED KINGDOM Ph:+ 44 171 453 1220 Fax:+ 44 171 453 1297 E‐mail: [email protected] URL:www.gtnet.gov.uk/
INDIA Law Commission of India 7th Floor, A Wing Shastri Bhawan New Delhi 110001 INDIA Ph: + 91 11 338 3382 Fax: + 91 11 338 8870 E‐mail: law [email protected] URL: www.nic.in/lawcom
MALAYSIA Commissioner of Law Revision Attorney‐General’s Chambers 17th Floor, Bank Rakyat Building,Jalan Tangsi 50512 Kuala Lumpur MALAYSIA Ph: + 60 3 292 3077 Fax: + 60 3 293 2021 E‐mail: [email protected]
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FIJI Fiji Law Reform Commission Box 2194, Government Buildings Suva FIJI Ph: + 679 303 900 Fax: + 679 303 646 E‐mail: [email protected]
IRELAND The Law Reform Commission IPC House, 1st Floor 35‐39 Shelbourne Road Ballsbridge Dublin 4 IRELAND Ph: + 353 1 637 7600 Fax: + 353 1 637 7601 E‐mail: [email protected]
NAMIBIA Law Reform and Development Commission Ministry of Justice Private Bag 13302 Windhoek NAMIBIA Ph: + 264 61 239 280 Fax: + 264 61 240 064
NEW ZEALAND Law Commission PO Box 2590 Wellington NEW ZEALAND Ph: + 64 4 473 3453 Fax: + 64 4 471 0959 E‐mail: [email protected] URL: www.lawcom.govt.nz/
SOUTH AFRICA South African Law Commission Private Bag X668 Pretoria 0001 REPUBLIC OF SOUTH AFRICA Ph: + 27 12 322 6440 Fax: + 27 12 320 0936 E‐mail: [email protected] URL: www.law.wits.ac.za/salc/salc.html
California Law Revision Commission 4000 Middlefield Road,Room D‐I Palo Alto, CA 9403‐4739 UNITED STATES OF AMERICA Ph: +1650 494 1335 Fax: + 1650 494 1827 E‐mail: [email protected] URL: www.clrc.ca.gov/
NIGERIA Nigeria Law Reform Commission Federal Secretariat Complex 1 Po Box 60008 Ikoyi Lagos
SRI LANKALaw Commission C/56 Keppetipola Mawatha Colombo 5 SRI LANKA
Connecticut Law Revision Commission Room 509A, State Capitol Hartford, CT 06106 UNITED STATES OF AMERICA Ph: +1 860 240 0220 Fax: +1 860 240 0322 E‐Mail: [email protected] URL:www.cga.state.ct.us/lrc/