1 ANNUAL REPORT 2005 LAW & JUSTICE COMMISSION OF PAKISTAN AND NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE LAW & JUSTICE COMMISSION SECRETARIAT SUPREME COURT BUILDING CONSTITUTION AVENUE ISLAMABAD 2 The Annual Report 2005 is available on the Commission’s website. For further information, please contact the Commission’s Secretariat at the following address: Law & Justice Commission of Pakistan Supreme Court Building Constitution Avenue Islamabad, Pakistan Tel: 092-51-9220483 Fax: 092-51-9214416 email: firstname.lastname@example.org www.ljcp.gov.pk 3 Table of Contents Introduction ......................................................................... 3 1. Law and Justice Commission & National Judicial (Policy Making) Committee ............................................................. 7 1.1 The Statutes ............................................................ 7 1.2 Functions ................................................................. 7 1.3 Composition ............................................................ 8 1.4 Library & Computerisation ....................................... 9 1.5 Bio-data of Members ............................................... 9 1.6 Commission‘s Secretariat ........................................ 20 2. Performance of the Commission and NJPMC in 2005 ......... 21 2.1 Law and Justice Commission .................................. 21 2.1.1 Federal Court Bill, 2005 ................................ 21 2.1.2 Amendment of Access to Justice Development Fund Rules 2002 and Law & Justice Commission of Pakistan Employees Rules. . 22 2.1.3 Accounting Procedure of Access to Justice Development Fund, 2005. ............................ 22 2.1.4 Law Reform Bill. ........................................... 23 2.1.5 Enhancement of Fine in Various Federal Laws. ........................................................... 24 2.1.6 Composition of Law & Justice Commission Completed. .................................................. 25 2.1.7 Issue of Non-registration of Marriage. .......... 26 2.1.8 Requirement for Serving of Notice for Confirmation of Talaq Under Section 7 of Muslim Family Laws Ordinance 1961 ........... 26 2.1.9 Section 9 of Muslim Family Laws Ordinance 1961 ............................................................. 26 2.1.10 Amendment of Section 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 .......................................... 27 2.1.11 Amendment of Section 10 of the Family Courts Act 1964....................................................... 28 2.1.12 Deduction of Fixed Amount Monthly where Deposit fall short of Rs. 5000 at any time ..... 28 2.2 National Judicial (Policy Making) Committee ........... 28 2.2.1 Assets Declaration Form for Judiciary ........... 29 4 2.2.2 Implementation of Small Claims and Minor Offences Courts Ordinance 2002 (Training of Judges in ADR Procedure)........................... 29 2.2.3 Automation Plan for Judiciary Presentation of Judicial Automation Plan. ......................... 30 2.2.4 Reference from KANA and SAFRAN Division for Amendment in Shari Nizam-e-Adal Regulation 1999. .......................................... 30 2.2.5 Elimination of Corruption in the Judiciary. .... 31 2.2.6 Training of Judges in ADR Procedure. ......... 32 2.2.7 Prioritising Cases of Vulnerable Groups (Women and Children): ................................ 32 2.2.8 Steps to Cleans the Subordinate Judiciary of Corruption. ................................................... 32 2.3 Automation Plan - Implementation .......................... 34 2.3.1 Finalization & Standardization of Automation Plan for Judiciary ......................................... 35 3. Access to Justice Development Fund.................................. 36 3.1 Governing Body of Access to Justice Development Fund. ....................................................................... 37 3.2 Criteria and Procedure for Funding Projects under AJDF Windows. ....................................................... 39 4. Activities of Secretariat of the Commission.......................... 39 4.1 Reports Approved in 2005. ...................................... 39 4.2 Law Reform Proposals. .......................................... 42 4.3 Implementation of Recommendations. ..................... 42 4.4 Public Awareness Scheme ...................................... 47 4.5 Commission/NJPMC publishes Annual Reports of the Courts. ..................................................................... 47 5. Commission‘s Website. ....................................................... 49 6. Procedure of Selection of Projects. ..................................... 51 6.1 Commission‘s Finance............................................. 51 7. Other Activities: ................................................................... 52 7.1 Visit of Participants of Shariah Training Course ....... 52 7.2 In Service Training of Staff of the Secretariat ........... 53 8. Legal Discovery Centre ....................................................... 55 9. Relations with other Law Commissions. .............................. 55 5 10. Annexures ........................................................................... 57 10.1 List of Reports (Annex I). ......................................... 57 10.2 Public Awareness Scheme (Annex II). ..................... 61 10.3 Pending Projects (Annex III). ................................... 81 10.4 Officers & Staff of the Secretariat............................. 93 10.5 Address of Other Law Commissions (Annex IV) ...... 95 6 FOREWORD In order to improve the quality of law and justice services and enhance responsiveness of judicial institutions, the Federal Government revised the mandate of Law & Justice Commission of Pakistan (LJCP) in 2002. The aim was to broaden the scope of functional responsibilities of a federal level statutory institution to work for reorienting and refashioning the law and justice sector. Pursuant to this ambitious and critical reform objective, the Federal Government expanded the composition and functions of LJCP and also created the National Judicial (Policy Making) Committee (NJPMC). As confirmed by its composition, the LJCP is a national institution, designated to drive the whole reform process for the law and justice sector. The establishment of LJCP reflects strong commitment to reform the legal system and improve governance in the country. As per its expanded mandate, the Commission is now tasked with a wide- ranging reform agenda with a clear responsibility to provide leadership and technical input in the areas of research, policy development and capacity building of justice sector. In addition to performing regular functions related to law reforms, research and public awareness, the Commission is also serving as Secretariat to the National Judicial (Policy Making) Committee NJPMC. The NJPMC is a major stride to bring about coherence in national judicial policy. It improves the efficiency and performance of judicial institutions in the country. To address chronic under-resourcing facing the judiciary, the Federal Government has also bestowed on LJCP the responsibility to manage and administer an endowment, "Access to Justice Development Fund". Ever since the Fund was established, the Commission has initiated steps to operationalise the fund. Not only a significant amount has been earned by investing the endowment, the Commission has also disbursed amounts for strengthening the capacity of subordinate courts and contracted NGOs to promote legal empowerment of weak and poor sections of society. This is the first time that a partnership between a Federal Government institution and civil society has been institu- tionalized in order for vulnerable groups to enjoy equal protection of law. As part of its strategy for law reforms, the Commission regularly undertakes research into areas of law requiring continuous updating and relevance compatible with the changing needs of the society. The Commission publishes annual reports covering broad range of topics. These reports serve two purpose; one, they are used by academics, scholars, jurists and lawyers as reference material and secondly, 7 these reports aim at making society law-conscious and empower citizens because these reports are prepared keeping in view the ever-changing demands of society. The above makes it apparent that the Commission is dedicated to deliver its functions to ensure that all the vital aspects of legal/judicial system are reformed. However, the weighty agenda before the Commission points to important challenge of reforms particularly the fact that the Commission is working on diverse fronts to improve the system of administration of justice. Looking at the Commission's performance, I have no doubt in expressing my confidence that the Commission will come up to the expectation of citizens of Pakistan. I congratulate the Secretary and staff of the Commission for compiling the Annual Report 2005 and rendering it useful for the readers. Justice Iftikhar Muhammad Chaudhary Chairman Islamabad 25th June, 2006 8 Introduction The Law & Justice Commission of Pakistan (LJCP) was established in 1979, It is a permanent and independent statutory institution. The Commission‘s focus is on reforming laws and the system of administration of justice. The Commission makes legal/judicial reform recommendations to the Federal/Provincial Governments. The Commission also coordinates its functions with the National Judicial (Policy Making) Committee (NJPMC) which is responsible for formulation and implementation of judicial policy. Commission’s Responsibilities The Commission is mandated to perform functions such as law reforms (federal and provincial) improvements in the system of administration of justice, standard of legal education, and dissemination of legal literacy through simple explanations of laws. The expanded role of the Commission now also includes preparing and executing schemes for human resource development for efficient court administration, case management, coordination of judiciary and executive, preparing and implementing plans for access to justice, provision of legal aid and protection of human rights. Recognizing the pivotal role of LJCP in the legal/judicial system of Pakistan, the Government has entrusted LJCP the responsibility to administer the Access to Justice Development Fund (AJDF) which is meant for improving the capacity and performance of the subordinate courts, improving the standards of legal research and education, judicial training and provision of legal aid to needy and deserving persons. AJDF is a statutory endowment amounting to total Rs. 1479 million out of which 1421 has been invested in government approved securities while Rs. 58 million as initial grant is being disbursed towards specified objectives of the fund. The Secretariat of the Commission has been given the statutory responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee (NJPMC), which was set up in 2002 as an apex national forum for formulation and implementation of judicial policy. The NJPMC is headed by the Chief Justice of Pakistan and comprises the Chief Justice, Federal Shariat Court and four Chief Justices of High Courts. The Secretary, Law and Justice Commission of Pakistan is designated as Secretary to the Committee. NJPMC is mandated to formulate and implement judicial policy and implement schemes for improving the capacity and performance of the administration of justice. For this purpose, the Commission‘s Secretariat 9 provides regular support to the Committee. A number of papers and briefs were prepared for the consideration of the NJPMC. The key decisions made by the Committee are included in the relevant part of this report. Commission’s Performance The Commission by the end of 2005, approved and published 72 reports on different issues/subjects and submitted the same to the Government for implementation. A detailed list of such reports is given at Annex I. The Secretariat also operates a Legal Awareness Scheme for public information and education. Under this scheme, write-ups are prepared in Urdu on legal issues/problems of public concern/ interest and published through the news media. A list of such published material is attached as Annex II. The Secretariat of the Commission also published Volume III of a Report in Urdu titled ―Qanun Fehmi‖ containing write-ups on legal and judicial issues for public education and awareness. Citizens are encouraged to obtain further clarification and/or advice on legal issues from the Secretariat by writing or personal visit or through telephone. Several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion. A list of all pending projects is at Annex III. Secretariat’s Strength & Resources The Commission‘s Secretariat is headed by a Secretary and comprises posts for research and ministerial staff. The sanctioned posts include 3 Joint Secretaries, 4 Deputy Secretaries, 5 Research Officers, 2 Section Officers, MIS Manager, System Analyst, 2 Computer Programmers and Computer Operator. In keeping with the expanded role of the Commission, additional staff has been sanctioned by the Government. Some posts have been filled and for filling of the remaining posts, the process of recruitment is in hand. The Commission has its own library, which is further assisted by a Legal Discovery Center established with the support of the embassy of USA to enhance research facilities for scholars and officials of the justice sector. A computer network is functioning effectively in the Secretariat to ensure discharge of professional work in a speedy manner. The Commission operates its website www.ljcp.gov.pk. 10 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. Islamabad 13th June, 2006. 11 1. Law and Justice Commission & National Judicial (Policy Making) Committee 1.1 The Statutes The Law and Justice Commission of Pakistan is a Federal Government institution, established under the Ordinance (XIV) of 1979. Its role and responsibilities have been redefined and expanded by the Law Commission (Amendment) Ordinance, 2002. Its name has also been changed to Law and Justice Commission of Pakistan in order to conform to the new statutory mandate of the Commission. 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. The NJPMC 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. 1.2 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; 12 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 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. 1.3 Composition The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Senior Adviser to the Prime Minister on Foreign Affairs and Law & Justice, 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-officio members of the Commission are appointed for a period of 3 years. They are appointed by the Government on the recommendation 13 of the Chairman of the Commission. Under the amendments made to the Law and Justice Commission Ordinance in 2002, the Chairman of the Commission can also appoint a suitable person(s) as a member (s) for a specified period to perform specified function. 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. 1.4 Library & Computerisation The Commission has its own library with a collection of 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 2001, 2002, 2003, 2004 and 2005 are also hosted on the web. 1.5 Bio data of Members A brief introduction of the members of the Law & Justice Commission of Pakistan and National Judicial Policy Making Committee follows:- Members of the Law & Justice Commission of Pakistan 14 Chairman Mr. Justice Iftikhar Muhammad Chaudhry Name : Mr. Justice Iftikhar Muhammad Chaudhry Date of Birth : 12-12-1948 Qualification : B.A., LL.B. Joined Bar : 1974 Practicing Period : 1974-1990 Elevated to High Court : 06-11-1990 Appointed as Chief Justice High 22-04-1999 Court of Balochistan : Elevated to Supreme Court : 04-02-2000 Appointed as Chief Justice of Pakistan and Chairman Law and 30-06-2005 Justice Commission of Pakistan: Members 15 Barrister Makhdoom Ali Khan, Attorney General For Pakistan. 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. Mr. Justice Ch. Ejaz Yousaf, Chief Justice, Federal Shariat Court. Graduate in Law and holding Master degree in Economics; Enrolled as Advocate in 1976, Advocate of High Court in 1978, Advocate of Supreme Court in 1991; Appointed as Advocate General, Balochistan in 1996, Additional Advocate General, Balochistan in 1992; Special Law Officer by the Federal Ministry of Law, Justice and Human Rights, to conduct cases in the Speedy Trial Court as well as Supreme Appellate Court; Special Prosecutor for Pakistan Narcotics Control Board and Anti- Narcotics Force, Balochistan in 1990; Honorary Lecturer in the University Law College Balochistan from 1983 to 1992; Elevated as Judge of Federal Shariat Court in 1997; Appointed Acting Chief Justice on 15 January 2003 and Chief Justice, Federal Shariat Court on 9-5-2003. 16 Mr. Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court. Mr. Justice Iftikhar Hussain 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. Mr. Justice Sabihuddin Ahmed, Chief Justice, High Court of Sindh. Mr. Justice Sabihuddin Ahmad was born in 1949 at Hyderabad (Sindh), earlier education in different parts of the country, did M.A. from Punjab University in 1969 and LL.B. from Karachi University, participated in several inter-collegiate debates and edited collage Magazine at Government Degree College Sukkur, Government College Lahore and 17 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 (Interights) 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. 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 18 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. 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 19 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 2.11.1992 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. 20 Justice (Retd) Mansoor Ahmed, Secretary, Law, Justice and Human Rights. Graduate in Law from University of Sindh in 1965; Enrolled as an advocate in 1966; Advocate of the Lahore High Court in March 1972 and advocate of the Supreme Court in 1983. Did practice as an advocate for 36 years; Handled numerous cases of constitutional, criminal, civil and human rights in Superior Court in Pakistan; Appointed legal advisor to various Government Departments; appointed standing counsel for the Federal Government in 1992; Elected as President of Bar Association for the year 1992-93; Appointed prosecutor in high profile accountability cases in 1996; Appointed as Deputy Attorney General for Pakistan in 1996 and remained as such upto May 2001. As a Deputy Attorney General defended and prosecuted state cases including criminal cases at the level of Supreme Court and High Courts of Pakistan; Elevated as Judge of the Lahore High Court on May 2001; Appointed Secretary Law, Justice and Human Rights Division while serving as a Judge of High Court. Dr. Arfa Sayeda Zehra, Chairperson, National Commission on the Status of Women. Education: Ph.D History, University of Hawaii, USA. M.A. Asian Studies. M.A. Urdu. B.A. Hons. Work Experience: Chairperson, National Commission on the Status of Women Jan 2006 to date Member, Punjab Public Service Commission, Lahore 2002- 2005. Principal, Government College for Women, Gulberg Lahore 1989-2002 Principal, Lahore College for Women, Lahore 1988-1989 Vice Principal, Lahore College for Women, Lahore. 1985-1988. 21 Assistant Professor, Lahore College for Women, Lahore. 1972-1984. Lecturer, Lahore College for Women, Lahore. 1966-1972. Research & Publication: Written Research Papers/Articles on public interest issues which are publish in National and International Magazine. 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: 22 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 Zenana Dar-ul-Shafqat, and Darul Aman, Anjuman-e-Himayat-e- Islam, Lahore. 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.) 1956; L.L.B. (1953) 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, 23 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. 24 1.6 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, two Joint Secretaries, two Deputy Secretaries, four Research Officers and other support staff, given below in the organizational chart. Secretary Joint Secretary-I Joint Secretary-II Deputy Secretary-I Deputy Secretary-II Research Research Research Research Officer-I Officer-II Officer-III Officer Fund Supdt. S.O Fund Accountant Computer Supdt. Res. Librarian Admin. Programmer & Ref. Admin. Protocol and Bud. & Computer Res. & Ref. Library & Gen. Transport Acctt. Section Section Section Section Section 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. Three posts have been filled and the process to fill remaining posts has been initiated. 25 2. Performance of the Commission and NJMPC in 2005 2.1 Law and Justice Commission Chairman and Members of Law & Justice Commission of Pakistan Activities of Law & Justice Commission during the year, 2005 The Commission made the following decisions/recommendations in its meetings held on 12 February, 19 March, 9 April, 13, 18, 20 August, and 22 November 2005: The following decisions were made in the meetings. Meeting held on 12 February, 2005 2.1.1 Federal Court Bill, 2005 The Commission examined the reference received from the Federal Government in the shape of Federal Court Bill 2005. The Chief Justice of Pakistan appreciated the initiative of the Government aimed at early settlement of disputes in commercial and financial matters to facilitate investment in the country. The Commission studied the provisions of the Federal Court Bill in given details in the deliberations, the Commission examined the law laid down by the Supreme Court of Pakistan in the 26 cases of Mehram Ali and Sh. Liaquat Hussain and the provisions of Articles 175, 202, 203, 212, 225 and in particular Article 199 of the Constitution and also kept in mind overall views and perceptions of the lawyers community. The members opined that the issues and challenges be addressed on a long-term basis and instead of going for an altogether new course, away from the established practices and traditions, there is ample room within the existing framework to achieve the desired goals in a less expensive way. Accordingly, the Commission unanimously recommended that the strength of the High Courts may be increased and various dedicated Divisions for dealing with different categories of cases including commercial and financial cases be created. Meeting held on 19 March, 2005 2.1.2 Amendment of Access to Justice Development Fund Rules 2002 and Law & Justice Commission of Pakistan Employees Rules The amendments in the Access to Justice Development Fund Rules, 2002, in the Schedule to the LJCP Employees (terms and condition) Rules 1992 and work plan for expenditure of AJDF were considered by the Commission in its meeting held on 19 March 2005 and approved the work plan and amendments as per draft notification followed: 2.1.3 Accounting Procedure of Access to Justice Development Fund, 2005 Accounting Procedure of Access to Justice Development Fund concurred by the Finance Division and Auditor General of the Pakistan were examined and approved by the Commission in its meeting held on 11-12-2004 and 10-3-2005. During deliberations of the Commission meetings the Secretary LJCP informed that the principal amount of the AJDF has been invested in the Government approved Treasury Bills. Furthermore, the requisite procedural formalities to operationalise the AJDF are completed and the High Courts have been requested to constitute appropriate committees and open bank accounts, so that their respective shares of Provincial Judicial Development Fund (PJDF) may be transferred to them. He stated that the Chairman has given approval for appointment against 2 AJDF posts i.e. Research Officer (Fund) in B-18 and Section Officer (Accounts/Audit) in B-17. He said that it will take some time before the new staff is recruited and after induction, they will be on probation for a period of one year. It is therefore inappropriate to 27 handover the responsibility of management of the Fund to the new staff. In the circumstances, the responsibility for management of the Fund be assigned to an existing senior staff member i.e. Deputy Secretary (B-19), who will manage the Fund under the supervision of the Secretary. The proposal was approved. Meeting held on 19 March, 2005 2.1.4 Law Reform Bill The Commission examined a Reference received from the Federal Government (Ministry of Law, Justice and Human Rights) suggesting certain amendments to various statutes. The Commission considered the Reference and approved amendments to the following effect: 1. Section 379 of the Pakistan Penal Code (PPC) should be amended to increase the punishment for the offence of theft from 3 years to 5 years imprisonment. 2. Sections 441 and 447 of the PPC should be amended to criminalize the act of ―illegal dispossession from property‖, punishable with imprisonment for upto 10 years as well as fine. The purpose is to provide an effective deterrence against Qabza Groups, land grabbers and others who take the law in their own hands. 3. Section 468 of the PPC should be amended to increase the punishment of ―forgery for the purpose of cheating‖ from 7 years to 10 years imprisonment. 4. Section 154 of the Code of Criminal Procedure (Cr P.C) should be amended to the effect that if the Police refuses to register an FIR, then the complainant or informer may lay such information before the area Magistrate, so that no undue delay is caused in the registration of FIR‘s. 5. Section 514 of the Cr P.C should be amended to abolish the court discretion to remit any portion of penalty on forfeiture of bond of a person, being surety for the accused person. This will provide an effective check on the Surety to ensure the appearance of the accused person before the court. 6. Section 35 of the Code of Civil Procedure (CPC) should be amended to empower and obligate the Court to determine and award the cost of litigation, to prevent false and fictitious litigation. 28 Similarly, Section 35 A of CPC should also be amended to provide for compensatory costs to the party, in respect of false or vexatious claims or defence. Such compensatory costs may extend for upto Rs. 100,000/-. 7. Section 89 (A) may be substituted to the CPC to provide for the use of Alternative Methods of Dispute Resolution such as mediation, conciliation or arbitration in suits for partition or rendition of accounts or in any other dispute. The Trial Judge may therefore refer the matter for settlement to mediator, conciliator or arbitrator for decision within a period of three months. 8. Section 95 should be substituted in the CPC to empower the Court to order the party at fault, who obtained arrest or attachment or an injunction on insufficient grounds, to pay punitive compensation to the aggrieved party for the expense or injury suffered. The Court may further direct the party at fault to pay penalty for wasting the court‘s time and for abusing the process of law. 9. An additional clause be added to Section 17 of the Registration Act to make ―agreement to sell relating to immovable property‖ and ―power of attorney when authorizing the attorney to sell any immovable property‖, compulsorily registerable. This will operate as check against forged documents being relied upon in trial and to prevent false/fictitious claims being filed in the Court. 2.1.5 Enhancement of Fine in Various Federal Laws The Commission examined the issue of non-increase in the penalty of fine, prescribed in various Federal statutes and observed that the object of punishment of fine is to prevent the repetition of commission of offences and serve as deterrent to would-be offenders. The fines in various Federal Acts were fixed long ago. Some were revised but most have remained unchanged. Due to the passage of time and devaluation of currency, the fines have seemingly lost their impact and are no longer serving the purpose of deterrence. These fines therefore need to be reviewed with a view to appropriately enhance them. It may further be noted that certain offences which were not considered serious in the past, have now assumed a grievous character, and are on the increase, particularly because the penalties prescribed in the statutes do not operate as an effective check on the offenders. Laws need to be changed from time to time, with a view to keep them relevant and be able to address the changed conditions in the society. The Commission therefore recommend the enhancement of fines in some 242 Federal Acts, in 29 existence for the last 150 years. The increase should be as per following formula: 1. Statutes made from 1851 to 1900 – 5 fold increase in amount of fine should be effected. 2. Statutes made from 1900 to 1950 – 4 fold increase in amount of fine should be effected. 3. Statutes made from 1950 to 1975 – 3 fold increase in amount of fine should be effected. 4. Statutes made from 1975 to 1995 – 2 fold increase in amount of fine should be effected. No increase has been suggested in fines in those statutes which were amended in the past, from time to time, or new statutes, enacted since 1995. Meeting held on 13 August, 2005 2.1.6 Composition of Law & Justice Commission Completed The Federal Government on the recommendation of the Chief Justice of Pakistan/Chairman, Law & Justice Commission of Pakistan (LJCP) have appointed the following 4 new members of the Commission for a period of three years with effect from 13th August 2005: 1. Justice (Retd) Qazi Muhammad Farooq (NWFP) 2. Justice (Retd) Amir-ul-Mulk Mengal (Balochistan) 3. Mrs. Nasira Iqbal Advocate (Punjab) 4. Mr. Abdul Qadir Halepota Advocate (Sindh) It may be stated that the Law and Justice Commission of Pakistan is headed by the Chief Justice of Pakistan who is the Chairman, ex-officio of the Commission and comprise other ex-officio members namely, the Chief Justice of the Federal Shariat Court; Chief Justices of the four High Courts; Attorney General for Pakistan; Secretary, Ministry of Law, Justice & Human Rights; Chairperson, National Commission on the Status of Women. The remaining 4 members, one from each Province, are appointed by the Federal Government on the recommendation of the Chief Justice of Pakistan/Chariman, LJCP from amongst eminent lawyers and persons of repute and integrity from civil society. 30 Meeting held at Islamabad on 20 August 2005 2.1.7 Issue of non-registration of Marriage It is stated that Sub-section (1) of Section 5 of the Muslim Family Laws Ordinance 1961 provides that every marriage solemnized under the Ordinance shall be registered in accordance with provisions of Ordinance. The Sub-section (4) of the said Section further provides that a person other than the Nikah Registrar, solemnizing a marriage is required to report the marriage for registration to the Nikah Registrar, failure to do so leads to punishment with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both. It was explained to the Commission that because of devaluation of the rupee and inflation in the economy the existing punishment of fine amounting to rupees one thousand has lost its deterrence value, therefore, the amount of fine may be enhanced from rupee one thousand to rupees ten thousand and the Commission approved the proposal. 2.1.8 Requirement for Serving of Notice for confirmation of Talaq Under Section 7 of Muslim Family Laws Ordinance It was proposed that the Commission may approve that if no notice of Talaq is given to the Chairman by the husband, the wife may give such notice of the facts of pronouncing Talaq by the husband to the Chairman and send a copy of it to the husband and the Chairman shall initiate reconciliation proceedings on it as in case a notice sent by the husband. Further, a wife while exercising her right of ‗Talaq-e-Tafveez‘, should also give a notice of it to the Chairman and send a copy of it to the husband. And if she fails, the husband may give such a notice to the Chairman with a copy to the wife. The Commission after deliberations approved the proposal. 2.1.9 Meeting of Committee of LJCP Constituted for examination of Section 9 of Muslim Family Laws Ordinance 1961, held on 12 December, 2005 The Law & Justice commission of Pakistan in its meeting held on August, 2005 constituted a Committee comprising Chief Justice, Federal Shariat Court, Justice (R) Qazi Muhammad Farooq and Mrs. Nasira Iqbal, Advocate to examine the question as to whether section 9 of the Muslim Family Laws Ordinance, 1961 can be amended, so as to enable the Chariman, Union Council to award cost of living to a suckling mother, on account of breast feeding the child, beyond the lddat period. It was further 31 decided that an Islamic scholar or Alim Judge of the Federal Shariat Court may also be co-opted for consultation on the issue. The issue was discussed in detail in the light of Quranic Commandments, Traditions of Holy Prophet (PBUH) and consensus of the Muslim Jurists. Mr. Justice Dr. Fida Mohammad Khan, Judge, Federal Shariat Court supported the proposal of Mrs Nasira Iqbal to award adequate amount of compensation as cost of living to mother having suckling baby during the veining period but not exceeding two years. Mr. Justice (R) Qazi Muhammad Farooq agreed with the views of the members of the Committee by referring the decision of jurists reported in Chapter of Nafqa, or Maintenance in Section IV of ―Hidayah‖ by Hamilten at page 146, that a father must provide for the maintenance of his infant child and cost of living to a mother of a child after expiration of Iddat period (in case of divorce pronounced by her husband) for the period she suckles the baby. Sura Al Baqara Verse: 233 of the Holy Quran provides a maximum period of two years for suckling of the child and during that period father of the child shall bear the cost of food and clothing of the mother. The Committee unanimously agreed to the proposal and re-phrased, new Sub-Section 1-A of Section 9 of the Muslim Family Laws Ordinance 1961 and Section 3 of the Schedule of Muslim Family Courts Act 1964, as follows: ―(1-A) On divorce, if the wife has a suckling baby, she shall be entitled to the adequate cost of living for the period she suckles the baby but not exceeding two years‖. Accordingly, the words ―cost of living‖ should be added to S. 3 of the Schedule of the Family Courts Act 1964 as follows:- ―3. Maintenance and cost of living of divorce wife having a suckling baby‖. The Committee also approved to send the recommendations to LJCP for consideration in its next meeting. 2.1.10 Amendment of Section 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 It was explained to the Commission that Sections 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 provide fixed punishment of imprisonment for life to the accused of the offences falling under these sections which leave no discretion with the courts to award a lesser punishment where circumstances of the case and the extent of 32 involvement of the accused in the offence so warrant and the conscious of the court is not satisfied to award punishment of imprisonment of life to an accused. Therefore, the courts, having no alternate enabling provision to award the accused lesser punishment, only acquit the accused in such cases. The Commission therefore, observed that the aforesaid sections 11, 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 may suitably be amended to provide some alternate punishment so that in appropriate cases lesser punishment can be awarded to the accused as per facts of the case and the decree of his participation in the crime. The Commission recommended that the punishment of imprisonment of life provided in the aforesaid sections may be substituted with the words ―imprisonment of either description for a term which may be extended to 25 years‖. 2.1.11 Amendment of Section 10 of the Family Court Act 1964 The Commission further recommended a suitable amendment to Section 10 of the Family Courts Act 1964 to the effect that if the wife may file the suit on the sole ground of khula, there should be no trial and the court should issue decree of the dissolution subject to return of mehr by the wife to the husband. 2.1.12 Obtaining of Comments from State Bank of Pakistan regarding deduction of fixed amount monthly where deposit for short of Rs. 5000 at any time It was brought into the notice of the Commission that the State Bank of Pakistan has issued a circular to the banks permitting them to deduct a fixed amount monthly from the accounts of accounts holders of the banks where their deposits fall short of rupees five thousand at any time, which is unjust and unfair to the small accounts holders. The accounts of Government employees, students and Mustahiqeen Zakat are exempted from such deductions. The banks also arbitrarily deduct a certain amount from the accounts holders at the time of closing of the account. The banks have also fixed arbitrary rates of profit and after deduction of administrative expenditures and other charges, they pass a very small profit to the account holders. The Commission resolved that the above permission granted to the banks by the State Bank of Pakistan necessitates, comments of the State Bank of Pakistan on the issue for consideration of the Commission in its next meeting. 2.2 National Judicial (Policy Making) Committee The National Judicial (Policy Making) Committee was established in 2003 and has since become functional. During 2005, the Committee meet two times and made the followings decisions: 33 Meeting held at Islamabad on 20 August 2005 2.2.1 Assets Declaration Form for Judiciary The Secretary explained to the Committee that the Ministry of Law, Justice & Human Rights have forwarded a new Assets Declaration Proforma, prepared by the National Accountability Bureau to the Chief Justice of Pakistan with the request to consider it for implementation in the judiciary. The Chief Justice/Chairman of the NJPMC forwarded the Declaration Proforma to the Chief Justices of the High Courts for their comments. The Committee considered comments of the Provincial High Courts and observed that the said proposal amounts to an inquiry by the NAB into affairs of the Judiciary. The Chairman of the Committee further stressed upon the need for eliminating any sort of corruption from the judiciary and stated that a major surgery is required for eliminating the evil of corruption from the judiciary. The Committee further resolved that there should be zero tolerance for corruption in any form and the Chief Justices must keep constant watch on the conduct of judicial officers/court staff. 2.2.2 Implementation of Small Claims and Minor Offences Courts Ordinance 2002 (Training of Judges in ADR Procedure) The Committee considered matter related to establishment of the Small Claims and Minor Offences Courts in the Provinces. The Committee was informed that the High Courts have assigned cases under the Small Claims and Minor Offences Courts Ordinance 2002 to the existing courts designated for that purpose. The Chairman inquired from the Chief Justices of Provincial High Courts whether such judges are performing exclusive work under the Ordinance or they are assigned the task in addition to their own work. He expressed that if the sitting Judges are also discharging functions under the Ordinance in addition to their own work there would be hardly any change or improvement in work under the Ordinance. The Committee required a feed back of performance of such courts for consideration in the next meeting and upon finding no apparent change, the Provincial Governments will be requested to create some fresh vacancies at least one vacancy in each District for the purpose. The Committee further observed that a training of the judges of lower courts in Alternate Dispute Resolution (ARD) is required for quick disposal of cases for which it constituted a Sub-Committee headed by Mr. Justice Tassaduq Hussain Jillani, Judge of the Supreme Court and a judge from each High Court to set guidelines for training of judges in ADR imparting training to District & Sessions Judges/Senior Civil Judges at the 34 provincial headquarters so as to prepare Master Trainees who will subsequently train their other colleagues. The Committee also resolved to direct the lower courts to hear the cases of women and children on priority basis and if there is any transportation problem by the jail authorities in presenting under trial prisoners before the court, the cases may be transferred to the courts where there is no such problem as it is convenient to the prosecution and the accused party. 2.2.3 Automation Plan for Judiciary The Committee was informed, referring Section 22 Cr.P.C, that different High Courts adopted a different data reference. The Committee resolved that major areas may be categorized uniformally and minor areas may be categorized separately. The Committee approved the automation Plan and directed for standardization of data base for all the High Courts and a uniform categorization of cases, which may be presented for approval in next meeting of the Committee. Meeting held at Islamabad on 20 August 2005 Presentation of Judicial Automation Plan In August 2005, the National Judicial Policy Making Committee (NJPMC) was given a presentation on Judicial Automation Plan. Under this plan, different aspects of judicial system will be automated with an aim to ensure efficiency, effectiveness and transparency. The main focus of the Automation Plan is on the Case Flow Management System, Archiving of Old Documents, Administration and Accounts, Public Inquiry System, Websites, Research and Reference. One of the key benefits of this plan is the automated database system which will enable access to Case law database, Pakistan Code, Provincial Codes, Circulars and Gazette notifications. All this will be maintained by one organization under the supervision of NJPMC to ensure monthly updates provided to each judicial institution through computerized networking. 2.2.4 Reference from KANA and SAFRAN Division for Amendment in Shari Nizam-e-Adal Regulation 1999 The Secretary explained that the reference form KANA & SAFRAN Division has been pending since long. It came up for examination in the last couple of meetings, in which the pros and cons of the reference were 35 discussed and the members generally agreed with the contents and conclusions of the note earlier prepared by the Secretary, Law & Justice Commission of Pakistan. The NJPMC resolved that the proposed amendments which provide for deviation from established procedure, may lead to arbitrariness and whimsical decisions, being rendered by the Qazi Courts in PATA. It added that the modern trend is towards unification of laws and bringing about certainty and clarity in the legal system. After thorough deliberations, the NJPMC expressed its inability to approve the proposed amendments. It, however, stated that the Federal Shariat Court could consider establishing circuit bench in the region, depending on the workload and availability of infrastructure and other facilities in the area. 2.2.5 Elimination of Corruption in the Judiciary The NJPMC further decided that statements of Assets Declaration should be obtained from all judges and staff of the subordinate courts on six monthly basis. These declarations should be minutely scrutinized and discrepancy detected therein, should be taken notice of. The NJPMC further resolved that no judicial officer may approach the high authorities for securing favourable transfer, posting or promotion. Any such attempt should be treated as misconduct and disciplinary action be taken against the delinquent judicial officer. Further, it was resolved that if 75% judgments of a judicial officer are set-aside/reversed, he shall be considered as inefficient and disciplinary proceedings initiated against him. Judicial Officer should also be proceeded against fro giving a stinking judgment. The Committee further emphasized that the Chief Justice/Judges of High Courts should regularly carry out inspection and the office of MIT should be activated to initiate action on complaints of corruption or inefficiency. The Committee further stated that honest and efficient judicial officers should be given incentives and rewards. It may be impressed upon them that strict adherence to the Code of Conduct and honest and efficient performance will be a major factor for performance evaluation and suitability for promotion. It was further recommended that complaints received against judges should be recorded and data maintained by the Chief Justice of High Court in respect of each individual judge. The ACRs should be recorded on the basis of slip evaluation and overall performance/achievements of the judge. Further, the ministerial staff of the Court be kept under watch. They should be periodically rotated/transferred. The inefficient or dishonest should be considered for transfer to unattractive stations. It was further recommended that the judicial officers, should not be posted at the home district. 36 2.2.6 Training of Judges in ADR Procedure The NJPMC appreciated the work of the Committee and emphasized upon systematic and cohesive mechanism for adaptation/enforcement of ADR, so very essential for economical and expeditious resolution of disputes. 2.2.7 Prioritising Case of Vulnerable Groups (Women and Children) The Chairman emphasized upon the need for prioritizing the cases of vulnerable groups for expeditious disposal, in particular women and children. It was resolved that the High Courts will issue directions to the trial/appellate courts for priority disposal of family cases as well as cases of women and children falling under the PPC and Hudood laws. Further, the High Courts should prepare and forward to the NJPMC a list of pending cases involving women and children, so that further strategy/steps could be devised for quick disposal. Meeting of NJPMC held on 22 November 2005 2.2.8 Steps to Cleans the Subordinate Judiciary of Corruption The Committee decided upon steps to cleanse the subordinate judiciary of corruption. Thus it was decided that, judges of subordinate courts shall submit statement of assets declaration on six monthly basis. These declarations should be minutely scrutinized and discrepancy therein, if any, shall be taken notice of. The NJPMC further resolved that no judge of the subordinate court may approach the higher authorities for securing favourable transfer, posting or promotion. Any such attempt shall be treated as misconduct and disciplinary action should be taken against such judicial officer. Further, it was resolved that if 75 % judgments of a judicial officer are set aside or reversed, he shall be considered as inefficient and disciplinary proceedings shall be initiated against him. The Committee has emphasized upon the need for a full and effective compliance on the part of the judicial officers with the prescribed Code of Conduct. The Committee further approved the following additions to be added to make part of the Code of Conduct of judicial officers. i. A judicial officer should be God fearing, law abiding, abstemious, truthful of tongue, wise in opinion, cautious and forbearing, patient and calm, blameless, untouched by greed, completely detached and balanced, faithful to his words and meticulous in his functions. 37 ii. He must not show any fear or favour to any party before him or their lawyers, both in his judgment and conduct. iii. He should avoid mixing up with people, roaming in hotels, markets and streets except in dire need. iv. He should avoid rage and should abstain from deciding in rage. v. He should be learned in law and should have command and control over the proceedings in the Court. vi. He must be consistent in his judgments. vii. He should be courteous and polite, but not weak, towards the litigants and their lawyers. He must maintain the decorum of the Court. viii. He should always endeavor to decide cases expeditiously and should take all necessary measures to ensure speedy justice. ix. He should have effective control over the staff of his court without being rude, rough or humiliating. x. A judicial officer must be punctual while taking or leaving his seat. xi. He must be dressed in prescribed uniform and seated in dignified manner, but not so as to look a proud man. xii. He must avoid hearing cases, receiving guests or his colleagues in the retiring room, besides avoiding frequent use thereof, except in urgent need. xiii. He must avoid hearing one party or his lawyer in the absence of the other except in the case of exparte proceedings. xiv. He must not hear those cases in which he, his near relatives or close friends have got any interest. xv. He should not privately advise any of the parties so that it becomes a favour to the prejudice of the other party. xvi. Judicial officers must avoid discussing particular cases before them save allowed by law or when it is intended to give advice or counselling by a higher forum to lower forum. 38 xvii. He should not engage in business with any party to the case before him. If, however, it is unavoidable, he should discontinue the hearing of the case forthwith. 2.3 Automation Plan – Implementation Automation Plan of the judiciary was prepared under Access to Justice Program of the Government of Pakistan. It provides a detailed blue print for the automation of different functions of the judiciary, Law & Justice Commission and some other justice sector institutions. This Plan was approved by National Judicial (Policy Making) Committee (NJPMC) in its meeting held on 24 Jan 2003. In a subsequent meeting held on 27 Sep 2003, the NJPMC decided to constitute a National Judicial Automation Committee (NJAC) to oversee implementation of the plan. Its composition is as follows: Chief Justice, Lahore High Court (Chairman) Chief Justice, Federal Shariat Court (or nominee) Chief Justices of NWFP, Balochistan and Sindh High Courts (or their nominees) Principal Secretary, Ministry of Law & Justice or his nominee A nominee of the Ministry of Information Technology Secretary, Law & Justice Commission (Secretary) The automation plan proposes a major overhaul of the courts‘ information management systems in order to improve the courts‘ capacity to administer and manage their work effectively. This plan provides the phased introduction of computerization throughout the superior courts of Pakistan, the Ministry of Law & Justice, Law & Justice Commission of Pakistan and the Federal Judicial Academy in a medium-term strategic blueprint. Once successfully established, it is expected that this project can be extended to the subordinate court system. Some important measures planned to operationalise the Automation Plan are: case flow management monitoring of performance of lower courts by the respective High Court inspection of lower courts by the respective High Court complaints monitoring system library management system 39 research and reference system archiving of old documents budget and accounts system personnel system fixed assets, procurement and other functions of general branch public inquiry system web site 2.3.1 Finalization & Standardization of Automation Plan for Judiciary 1. In the meeting of National Judicial Policy Making Committee (NJMPC) held on 20-8-2005 in Supreme Court Building Islamabad, the issue of Automation Plan for Judiciary was considered. The Committee directed for standardization of data base for all the High Courts and a uniform categorization of cases and desired a progress report for consideration in next meeting of the Committee. 2. In this regard a meeting in relation to automation plan for judiciary was held on 22-10-2005 in the Secretariat of Law & Justice Commission of Pakistan. The Focal Persons of automation plan (Judicial Branch) and I.T Experts attended the meeting. In the meeting the participants discussed in detail the draft regarding the case categories for making recommendation for standardization of data base for Supreme Court, Federal Shariat Court and Provincial High Courts and to propose a uniform categories of cases. 3. The participants unanimously agreed upon and finalized the draft regarding the case categories of Supreme Court, Federal Shariat Court, High Courts and Advocates Data Collection Form (Finalized Drafts are annexed A to D). A draft regarding the case categories of subordinate courts was also circulated for the comments of participants which are still awaited. 4. The participants further suggested that the services of Consultant of Asian Development Bank on automation be utilized for identification of automation needs and application of software for case flow management. The software will cover the functional areas such as case institution, case fixation, cause list, case tracking, court room working and copying of the Judgments. An other software for Research & Reference System to consult the reference material, case law, Pakistan Code, Provincial Code etc is also required in the Supreme Court and the High Courts. 5. The Participants from the Supreme Court and High Courts informed that the hardware infrastructure which applied for automation have already been provided and in the second phase it is required to 40 finalize the software in relation to automation. The participants further proposed that the PMU Wing Ministry of Law Justice & Human Rights may make arrangement for preparation of requisite softwares with the approval of Judicial Automation Supervision Committee (JASC) and NJPMC for timely implementation of automation in the superior judiciary. The centerpiece of the Automation Plan is the case flow management software for automated institution/tracking of cases and generation of cause list. Work done on this software under the Access to Justice Program demonstrated the need for standardization of case categories list and some other data input formats as a preliminary requirement for implementation of the new system. At the moment, all four provincial High Courts under the aegis of the LJC Secretariat are to arrive at a standardized case categories list and lawyers‘ data collection format. In addition, the National Judicial Automation Committee is also considering the possibility of constituting Provincial Judicial Automation Committees (PJAC) for each High Court to manage/monitor implementation of the Automation Plan. This step is important to institutionalize automation initiative at the provincial level. A Management Information System (MIS) Office is proposed to be set up in the Secretariat of the Commission to provide support to the Commission and drive the automation effort of the judicial institutions of the country. 3. Access to Justice Development Fund Law and Justice Commission of Pakistan (LJCP) is managing an endowment fund to support reforms for legal education, judicial training, legal/judicial research, legal empowerment and subordinate courts development. In this regard, several activities were held in 2005. From March to December 2005, LJCP invested endowment fund in government approved securities in different phases and earned significant amount of profit on various investments. Another important development was the transfer of share of High Courts by LJCP under AJDF allocations. LJCP also organized a commission/orientation authority in April 2005 to raise awareness on objectives purposes & operating procedures of AJDF. To operationalize windows of AJDF, LJCP also invited proposals from stakeholders interested in reforms in the law and justice sector. To examine project proposals received from various organizations/ individuals, a Technical Evaluation Committee was formed in 2005 to check quality of project proposals against prescribed standard criteria. 41 This committee assessed 27 project proposals and approved 6 projects to be funded under a sub-fund of AJDF ―Legal Empowerment Fund‖. At present, LJCP is working on finalizing modalities to fund the approved project proposals which mainly aim at promoting public awareness programs on legal rights and free legal aid services to vulnerable groups. The Governing Body endorsed the allocation of Rs.58 million to various fund management windows and approved the criteria and procedure of funding projects from the Access to Justice Development Fund. The Governing Body constituted a Technical Evaluation Committee under the chairmanship of the Secretary, Law & Justice Commission of Pakistan for evaluation of the projects seeking funding from various Fund Windows. The Governing Body resolved that a research on the law laid in the judgments of the superior courts may also be conducted to explore the new trends and developments in laws. The Governing Body sought regular periodic feed back of the expenditure made out from the allocation of the fund to various fund windows. 3.1 Governing Body of Access to Justice Development Fund i. The Governing body in its meeting held on 11 December 2004 approved AJDF Accounting Procedure, Workplan for Rs 58 million and investment of AJDF (Rs 1421 million) in the Government guaranteed securities to generate and maximize the profit which will be expended for the objectives of the Access to Justice Development Fund namely to strengthen the capacity of the subordinate courts, provide amenities to the litigant public and legal aid to the needy and deserving persons and sections of the society. ii. The Governing Body also approved distribution of Rs. 58 Million, an initial grant made by the Federal Government as per ratio prescribed in Access to Justice Development Fund Management Rules, out of which 34.80 million will go to the provincial High Courts on the basis of population of the Province. The remaining amount will be disbursed to the appropriate institutions for legal empowerment, legal innovation, legal and judicial research, improvement in the quality and standard of legal education and training of the judicial officers and court staff. The amount will be released to the concerned agencies and authorities on fulfillment of codal formalities as soon as possible. 42 Meeting held on 9 April, 2005 Access to Justice Development Fund (AJDF) is a positive step to address the neglected areas in judicial sphere, such as legal empowerment and free legal aid, judicial research, court infrastructure development etc. I am sure that AJDF will go a long way in addressing the resource constraints faced by the justice sector institutions besides ensuring that justice services are provided to citizens in just and timely manner. This was stated by Chief Justice of Pakistan Mr. Justice Nazim Hussain Siddiqui in his speech, read out by Mr. Justice Nasir Aslam Zahid - former Pakistan Supreme Court judge. The Chief Justice was scheduled to attend the consultation workshop on AJDF organized by Law and Justice Commission of Pakistan at Supreme Court building however, due to some other pre-occupations he could not attend the workshop. The workshop was attended by former judges of the Supreme Court, registrars of the Superior Courts, Director General Federal Judicial Academy, heads of law schools, judges of subordinate courts and civil society representatives. Members of bars also attended the session. The workshop was held with a view to explain AJDF funding options and procedures for accessing funds available to judiciary especially the subordinate courts. AJDF funds are also available for judicial trainings, improvement in the quality of legal education, legal awareness and empowerment. Academic institutions, NGOs and professionals are also eligible for accessing funds to support legal and judicial reforms implemented in the country. Dr. Faqir Hussain, Secretary Law and Justice Commission of Pakistan (LJCP), in his keynote address said: ―The Government of Pakistan (GOP) has established Rs. 1479 million Access to Justice Development Fund (AJDF) as a statutory endowment to address the chronic budgetary constraints facing the justice sector institutions‖. He observed that AJDF was a unique initiative first of its kind in the Asia Pacific aimed at strengthening the judicial independence by making available additional funds to the courts and judicial training institutes besides providing legal aid to the poor. ―The Fund has been placed at the disposal of LJCP to manage and disburse towards specified objectives‖. The secretary noted that it was a major step to consolidate and strengthen the capacity of courts to deal with the backlog of cases and ensure the speedy dispensation of justice in civil as well as criminal cases. Presiding over the inaugural session, Justice (retd) Nasir Aslam Zahid applauded government‘s efforts to provide additional resources needed 43 for providing timely and inexpensive justice to the poor, particularly children and women. The workshop participants agreed that the judiciary had long been suffering from resource constraints and AJDF reflected on the government‘s commitment to improve citizens‘ access to justice. Workshop participants appreciated the government‘s efforts to address hitherto neglected areas concerned with access to justice. They observed that AJDF would be instrumental in providing additional funding to facilitate public access to justice sector services. Meeting of the Governing Body held at Islamabad on 20 August 2005 3.2 Criteria and procedure for funding projects under AJDF windows The Governing Body agreed to the proposal. After consideration, the Governing Body appointed Mr. Ahmed Bilal Soofi, Advocate, Lahore, Prof. Abdul Ghafoor Retd. Dean and Vice Chancellor of the Peshawar University, Mr. Justice (Retd) Nasir Aslam Zahid and Mr. Fakhar Hayat, (Retd) District & Sessions Judge, Lahore as members of the TEC. The Chairman further observed that an advertisement calling project proposal, should have a transparent procedure. He further observed that the High Courts may inform the Commission whether the amount at present transferred to them has been utilized or not. The Commission should get some feed back on it. With the above observations the Governing Body approved the criteria and procedure of funding AJDF projects. 4. Activities of Secretariat of the Commission 4.1 Reports Approved in 2005 During the Year 2005, the Commission approved 5 reports on legal/judicial reform and forwarded its recommendations to the Federal Government for implementation. Report No. 68: Establishment of the Federal Court. The Federal Court Bill, 2005 was considered by the Law and Justice Commission of Pakistan in its meeting held on 12-2-2005. The Chairman appreciated the realization by the Federal Government of its obligations 44 under Article 3 and 37 read with Article 175 of the Constitution and its concern and anxiety to provide expeditious and speedy justice in commercial and financial matters. He remarked: The Law & Justice Commission unanimously recommended that instead of establishing Federal Court, which concept is not free from legal/constitutional complications, an effort be made to find a remedy within the existing system, such as by- Immediately filling in the vacancies in the High Courts; Increasing the number of judges in the High Courts; and Creating Divisions in the High Courts for various categories of cases, including the commercial and financial cases. Report No. 69: Commission‘s deliberation. The draft of Law Reform Bill, 2005 was considered and deliberated by the Law and Justice Commission of Pakistan in its meeting on 12-2-2005. The rationale and justification for the draft law is to removing anomalies, minimizing delays and expediting trial proceedings, to check the police highhandedness and abuses of powers, particularly in the rural areas, to restrict their discretion of arrest and detention on suspicion and to redress the problem of unusual delays in trial. The draft also envisages new procedure for pretrial stage to complete the case record and fix the case for trial. The trial judge should then proceed to take evidence and conclude the trial on day-to-day hearing. It has also discussed the need for bifurcation of civil and criminal functions of courts, as under the present system, the civil cases linger on, on account of urgency accorded to criminal matters. The draft further incorporates new modes and devices for service of summons on defendant to expedite the judicial process. After deliberations, it was agreed that the Secretariat will examine the draft Bill, taking into account the written comments received from High Courts, and prepare a comprehensive draft for consideration of the Commission in its next meeting. Pursuant to the direction of the Commission, Secretary Law and Justice Commission of Pakistan, has requested the Chief Justice, Federal Shariat Court and Chief Justices of 4 High courts to offer their comments on the Bill. The Federal Shariat Court and 3 High Courts have offered their comments on Bill. 45 Report No. 70: Enhancing the Punishment of Fines Prescribed in Various Statues: The Secretariat carried out a comprehensive review of a large number of statutes, wherein the penalty of fine was fixed long ago, but the sums have not been increased in keeping with the devaluation of currency and rate of inflation. The object of punishment of fine is to prevent the repetition of commission of offences and serve as deterrent to would-be offenders. The fines in various federal Acts were fixed long ago. Some were revised but most have remained unchanged. Due to the passage of time and devaluation of currency, the fines have seemingly lost their impact and are no longer serving the purpose of deterrence. These fines therefore need to be reviewed with a view to appropriately enhance them. It may further be noted that certain offences which were not considered serious in the past, have now assumed a grievious character, and are on the increase, particularly because the penalties prescribed in the statues do not operate as an effective check on the offenders. Law need to be changed from time to time, with a view to keep them relevant and be able to address the changed conditions in the society. The Commission in its meeting held on March 19, 2005 recommended the enhancement of fines in various federal Acts, in existence since 1850. The increase should be as per following formula: (a) Statutes form 1851 to 1900 -5 fold increase in amount of fine. (b) Statutes form 1900 to 1950 -4 fold increase in amount of fine. (c) Statutes form 1955 to 1975 -3 fold increase in amount of fine. (d) Statutes form 1975 to 1995 -2 fold increase in amount of fine. No increase has been suggested in fines in those statutes which were amended in the past, from time to time, or new statutes, enacted since 1995. Report No. 71: Amendment in Access to Justice Development Fund Rules 2002 and in LJCP Employees Rules. The amendments in the Access to Justice Development Fund Rules, 2002, in the Schedule to the LJCP Employees (terms and condition) Rules 1992 and work plan for expenditure of AJDF were considered by the Commission in its meeting held on 19 March 2005 and approved the work plan and amendments as per drat notification followed: 46 Report No. 72: Accounting Procedure of Access to Justice Development Fund, 2005. Accounting Procedure of Access to Justice Development Fund concurred by the Finance Division and Auditor General of the Pakistan were examined and approved by the Commission in its meeting held on 11-12-2004 and 10-3-2005. During deliberation of the Commission meeting the Secretary LJCP informed that the principal amount of the AJDF has been invested in the Government Treasury Bills. Furthermore, the requisite procedural formalities to operationalise the AJDF are completed and the High Courts have been requested to constitute appropriate committees and open bank accounts, so that their respective shares of Provincial Judicial Development Fund (PJDF) may be transferred to them. He stated that the Chairman has given approval for appointment against 2 AJDF posts i.e. Research Officer (Fund) in B-18 and Section Officer (Accounts/Audit) in B-17. He said that it will take some time before the new staff is recruited and after induction, they will be on probation for a period of one year. It is therefore inappropriate to handover the responsibility of management of the Fund to the new staff. In the circumstances, the responsibility for management of the Fund be assigned to an existing senior staff member i.e. Deputy Secretary (B-19), who will manage the Fund under the supervision of the Secretary. The proposal was approved. 4.2 Law Reform Proposals The Commission has several law reform proposals pending before it for consideration. The Secretariat has completed working papers on 55 different laws/subjects for amendment of existing laws as well as enactment of new laws. Work on 238 projects concerning reforms of various existing laws is in progress. The list of pending and completed projects is placed at Annex I. 4.3 Implementation of Recommendations The Commission has so far published 65 reports on review of various laws and referred them to the Federal/Provincial Governments for implementation (see Annex I). The Law Commission Ordinance provides for publication of reports of the Commission and their submission to the President. Thus reports No. 66 to 72 of the Commission were submitted to the President. The remaining reports were sent to the Federal Government/provincial governments to take further action with regard to enactment of the laws through the Parliament/Provincial Assemblies1. 1 The reports are published in the form of book which can be purchased from sale points of the National Book Foundation. 47 The Commission having examined the status of implementation of its recommendations, have from time to time, expressed its dissatisfaction on the slow process of consideration of its proposals by the Federal and Provincial Governments. The status of implementation of Commission‘s recommendations in the past few years is given below : By the Federal Government S.No Report Subject Status # 1. 32 The Small Claims and Minor Implemented vide the Offences Courts Ordinance, Small Claims and Minor 2001 Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002). 2. 33 The Family Courts Implemented vide the (Amendment) Ordinance Family Courts 2001 (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002). 3. 34 Conferring Powers under Implemented vide the Section 491(1) (a) (b) of the Code of Criminal Code of Criminal Procedure Procedure (Amendment) 1898 on the Court of Ordinance, 2002 (VIII of Session. 2002 dated 9.2.2002). 4. 35 Amicable Settlement of Implemented vide the Disputes. Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002 dated 21.7.2002). 5. 36 Enhancement of pecuniary Implemented by original jurisdiction of civil Peshawar High Court courts and High Court of Sindh 6. 37&38 Enhancement of pecuniary Implemented by original/appellate jurisdiction Government of Sindh of District Courts at Karachi and other than Karachi in Sindh 48 S.No Report Subject Status # 7. 39 Enhancement of punishment Implemented vide the of fine under the Pakistan Criminal Law Reforms Penal Code Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002). 8. 40 Amendment of Sections 32, Implemented vide the 260 and 261 of the Code of Criminal Law Criminal Procedure 1898 (Amendment) Ordinance, 2002 (LXXXV of 2002 dated 25.10.2002). 9. 41 Trafficking in Children for Implemented vide the use as Camel Jockeys and Prevention and Control engaging in hazardous of Human Trafficking employment Ordinance, 2002 (LIX of 2002 dated 3.10.2002). 10. 42 Addition of the Offence of Not yet implemented. Molestation to the Pakistan Penal Code 1860. 11. 43 Right of Appeal Against Not yet implemented. Acquittal to Private complainant under the Anti - Terrorism Act 1997. 12. 44 Punishment on bouncing of Implemented vide the cheque Criminal Law (Amendment) Ordinance 2002 (LXXXV of 2002 dated 25.10.2002). 13. 45 Strengthening Capacity and Implemented vide the Expanding the Functions of Law Commission Law and Justice (Amendment) Ordinance Commission of Pakistan 2002(LXXX of 2002 dated 9.10.2002) 14. 46 Amendment in Section 345 Not yet implemented. and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable 49 S.No Report Subject Status # 15. 47 Punishment for the Offence Not yet implemented. of Gang Rape 16. 48 Releasing the Female Not yet implemented. Accused on Bail. 17. 49 Examination of Section 54 & Not yet implemented. 167 of the Code of Criminal Procedure 1898. 18. 50 Prohibition of Unauthorized Not yet implemented. Business of sale/Purchase of National Prize Bond. 19. 51 Banning the Tradition of Implemented. Vani(Giving Female as consideration for compromise). 20. 52 Access to Justice Implemented. Development Fund Rules 2002. 21. 53 Amendment in the Pakistan Not yet implemented. Penal code 1860 to provide Punishment for Absconding from Trial. 22. 54 Reforming the W.P. Not yet implemented. requisitioning of Immovable Property (Temporary Powers) Act 1956. 23. 55 Amendment in the Children Not yet implemented. (Pledging of Labour) Act 1933. 24. 56 Amendment in sections Not yet implemented. 11-A, 11-B & 11-C of the Security of Pakistan Act 1952. 25. 57 Amendment in Sections Not yet implemented. 427, 428, 429& 435 of the Pakistan Penal Code 1860. 26. 58 Enhancing the Limit Not yet implemented. Prescribed to File suit in forma Pauperis. 27. 59 Amendment in the Federal Not yet implemented. Services Medical attendance Rules 1990. 50 S.No Report Subject Status # 28. 60 Amendments in the Land Not yet implemented. Revenues Rules 1968. 29. 61 Prohibiting Excessive The Supreme Court by Expenditure on Marriage its judgment validated Ceremony and Dowry. the Federal Govt. Law on the subject. 30. 62 Expediting Trial Not yet implemented. Proceedings. 31. 63 Omission of Repealed Not yet implemented. Sections of Pakistan Penal Code, 1860 from the Code of Criminal Procedure, 1898. 32. 64 Amendment in Section 351 Not yet implemented. of Code of Criminal Procedure, 1898. 33. 65 Amendment in Section 67 of Not yet implemented. the Pakistan Penal Code, 1860. 34. 66. Amendment in Sections 513 Not yet implemented. and 514 of the Code of Criminal Procedure, 1898. 35. 67. Amendment of Section 17 of Not yet implemented. Registration Act, 1908. 36. 68. The Federal Court Bill, Not yet implemented. 2005. 37. 69. The Law Reforms Bill, 2005. Not yet implemented. 38. 70. Enhancing the Punishment Not yet implemented. of Fine Prescribed in Various Statutes. 39. 71. Amendment in Access to implemented. Justice Development Fund Rules 2002, and LJCP Employees Rules. 40. 72. Accounting Procedure of implemented. Access to Justice Development Fund, 2005. 51 4.4 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‖, two 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. 4.5 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, 2005 Administration Tribunals and Special Courts, 2005 The publication of the annual reports of the Courts in Pakistan is an endeavour 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; 52 SUMMARY DATA FOR THE SUPREME COURT Pending Institution Pending Disposal Category cases on during Total cases on st during year st 1 Jan 2005 year 1 Jan 2006 Petitions 20890 7370 28260 12009 16251 Appeals 6724 2185 8909 3348 5561 Total 27614 9555 37169 15357 21812 In the Supreme Court, the total number of pending cases decreased by 15357 from 37169 cases to 27614 cases at the beginning of the year 2005. The Supreme Court disposed more petitions than appeals during the year; however, the overall disposal was less than the fresh institution of cases in each of the two categories during 2005. SUMMARY DATA FOR HIGH COURTS/SUBORDINATE JUDICIARY Pending Pending Institution Disposal cases on cases on Courts st during Total during st 1 Jan 1 Jan 2005 2005 2005 2006 BALOCHISTAN Balochistan High Court 2,625 3,766 6,391 3,948 2,443 Subordinate 7335 21617 28952 20280 8672 Judiciary SINDH 1-1-2005 2005 Total 2005 31-12-2005 Sindh High 25005 15190 40195 17248 22911 Court Subordinate 118166 153119 271285 148777 122508 Judiciary NWFP 1-1-2005 2005 Total 2005 31-12-2005 Peshawar 10578 10578 14857 25435 12772 High Court Subordinate 153643 364047 517690 354453 163237 Judiciary PUNJAB 1-1-2005 2005 Total 2005 31-12-2005 Lahore 65999 80898 146897 77200 69697 High Court Subordinate 991340 1293322 2284662 1304637 980025 Judiciary 53 In the Balochistan High Court, the total pending cases were 2625 on 1st January, 2005, which were decreased from 2625 to 2443 on 31st December 2006; while in the Subordinate Courts of Balochistan, the total pending cases were 8672 on 1st January 2005, which were decreased from 8672 to 7335 on 31st December 2006. In the Sindh High Court, the total pending cases were 25005 on 1st January 2005, which were decreased from 25005 to 22911 on 31st December 2006. In the Subordinate Courts of Sindh, the total pending cases were 118166 on 1st January 2005, which were increased from 118166 to 122508 on 31st December 2006. In the Peshawar High Court, the total pending cases were 10578 on 1st January 2005, which were increased from 10578 to 12772 on 31st December 2006. In the Subordinate Courts of NWFP, the total pending figure was increased from 153643 cases on 1st January 2005 to 163237 cases on 31st December 2006. In the Lahore High Court, the total pending cases were 69697 on 1st January 2005, which were increased from 10578 to 12772 on 31st December 2006. In the Subordinate Courts of Punjab, the total pending figure was decreased from 991340 cases on 1st January 2005 to 980025 cases on 31st December 2006. The reports and judicial data/statistics are being shared with all stakeholders, in particular judges, lawyers, government functionaries, teaching/research institutions, representatives of NGO‘s and the civil society. Advance copies of these works have already been sent to the President and the Prime Minister. The reports are available on the LJC website www.ljcp.gov.pk for the benefit of the public as well as researchers; their hard copies can also be obtained from the Secretariat of Law and Justice Commission in Islamabad. 5. 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. 54 A Public Awareness Scheme, containing write-ups in Urdu on topical issues/problems is also being run on the website to make the society law- conscious. The following Annual Reports of courts of Pakistan for the year 2001 and 2002 published by the Commission‘s Secretariat are available on the website Reports 2001 The Supreme Court of Pakistan The High Court of Sindh The High Court of Lahore 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 The Constitution of Pakistan, 1973 including all the amendments made therein, is also available on the site. 55 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. 6. 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, 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. 6.1 Commission’s Finances In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2004 -2005: Budget 2004-05 (Pakistan Rupees) Ratio of salary Ratio of salary Category Allocation to non-salary Utilization to non-salary budget (%) budget (%) Total 9869293 100 9787957 100 Salary 7289831 73.86 7247316 74.043 Non-Salary 2579462 26.13 2540641 25.95 56 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. 7. Other Activities: 7.1 Visit of participants of Shariah Training Course: Twenty Judicial & Executive officers from all over the country and four members from Sudan Judiciary, training for in service training course in Shariah (Islamic Law) from Shariah Academy International Islamic University Islamabad visited the Secretariat of Law and Justice Commission of Pakistan on 26-8-2005. Dr. Faqir Hussain, Secretary of the LJCP briefed the participants about the research activities of the Commission. The participants appreciated the work done by the Commission in reforming the laws. They were grateful for giving time by the Secretary and providing useful information regarding reforming of laws. The participants also discussed issues relating to administration of Justice and need for reform of outdated statutes due to changing condition of the society. Secretary, LJCP, is briefing the participants of Shariah Academy 57 A farewell party was arranged for Mr. Riaz Ahmed Khan, P.A to Secretary who proceeded on LPR with effect from 1-1-2005. The Secretary LJCP appreciated the performance of Mr. Riaz Ahmed Khan who was very honest, punctual and dutiful official. He never gives any complaint to the officers while working with them. He performed his duties with the senior officers diligently. Farewell parties were also arranged for Mr. Mohammad Afzal Assistant (B-11) who proceeded on LPR with effect from 1-9-2005 and Mr. Maqsood Qasid proceeded on LPR on 4-6-2005. 7.2 In Service training of Staff of the Secretariat: Details of training imparted to the staff of the Commission Secretariat during the year 2005:- 1- Training in Information Technology for the Government employees, w.e.f. 2 to 16 February, 2005, in Pakistan Computer Bureau, Islamabad, Mr. Adnan Khuram, ex-Computer Programmer attended the training course. 2- One-week (part-time) training course in ―Rules of Business (Consultation Amongst Divisions/Assembly Business)‖ w.e.f. 21 to 26 February, 2005, Mr. Ihsanullah, Supdt. (R&R), attended the training course at S.T.I. Islamabad. 3- Visit of Shariah Trainees visit to the Commission Secretariat for a briefing by the Secretary, Law and Justice Commission of Pakistan, on 26-8-2005, to the trainees in the conference room of the Secretariat of Law and Justice Commission of Pakistan list of trainee participants attached. 4- 4-Months (part-time) english shorthand/theory and type-writing courses for Government employees and their Dependents with Additional Syllabus of Ms-Word/Ms-Excel w.e.f. 1-9-2005 to 31- 12-2005, in S.T.I., Islamabad, Mr. Zamar Said, LDC, Sajid Javed, N/Qasid, Ifitkhar Khan, N/Qasid & Gul Rehman, N/Qasid attended the training course. 5- 3-Months (part-time) Urdu Shorthand, Typewriting and In-Page (Urdu Computer Programme) for Clerks, Stenotypists, in S.T.I., Islamabad, Mr. Ali Muhammad Mughal, UDC attended the training course. 58 6- One-week (part-time) training course in ―Personnel Administration And Service Law & Rules‖, w.e.f. 19 to 24 September, 2005, in S.T.I., Islamabad, Mr. Waseem Javid, Research Officer (Fund) attended the training course. 7- One-Week (part-time) training in ―Rules of Business (Official Management)‖ w.e.f. 5-9-2005 to 10-9-2005, in S.T.I. Islamabad, Mr. Qasim Aslam Minhas, Research Officer attended the training course. 8- Meeting of experts of protection of rights of Juvenile Delinquents, attended by Mr. Qasim Aslam Minhas, Research Officer on 22-9- 2005 at Lahore. 9- One-week (part-time) training course in ―Human Resource Management (HRM)‖ w.e.f. 3-10-2009 to 8-10-2005, in S.T.I. Islamabad, Mr. Muhammad Irfan, Assistant attended the course. 10- One-week (part-time) training course in ―Financial Rules (Leave/G.P.F/Benevolent Fund Rules)‖ w.e.f. 10-10-2005 to 15- 10-2005, in S.T.I, Islamabad, Mr. Muhammad Sajad, Section Officer (Audit/Accounts) attended the course. 11- Two-weeks (part-time) training course on ―Duties and Responsibilities of Private Secretaries/Personal Assistants with Additional Syllabus of Secretariat Instructions, forms of Communication & Record Management ― w.e.f. 24-5-2005 to 7-5- 2005, in S.T.I, Islamabad, Mr. Riaz Ahmed, PA to Secretary and Mr. Muhammad Khattab, PA to JS-I attended the course. 12- Two-weeks (part-time) training course on Duties and Responsibilities of P.S. & P.As with Additional Syllabus of Ms- Word/Ms-Excel w.e.f. 14-11-2005 to 26-11-2005, in S.T.I, Islamabad, Mr. Irshad Ali, P.A to Deputy Secretary. 13- Study tour for the Participants of 2 Weeks (part-time) training course on Duties & Responsibilities of P.Ss/P.As With Additional Syllabus of Ms-Word/Ms-Excel, to Khewera Mines on 25-11-2005, was attended alongwith other Trainees of S.T.I, by Mr. Irshad Ali, Stenographer. 14- Study tour for the participants of 4-Months (part-time) English Shorthand theory course for Government employee with Additional Syallabus of Ms-Word and Ms-Excel, to Khewera 59 Mines, Lahore, Shalimar Garden, Wagha Border, Lahore Fort, Lahore Zoo and Hiran Minar w.e.f. 26-12-2005 to 29-12-2005, was attended by Mr. Zamar Said, LDC, alongwith other Trainees of S.T.I. 8. 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. 9. 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. 60 Annex-I 10. Annexures 10.1 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. 61 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. 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 62 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. 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Annex-III 10.3 Pending Projects Papers Completed by the Secretariat 1- Registration of Documents 2- Code of Conduct for Judges 3- Establishment of Administrative Courts for Tortious Liability of Government 4- Impeaching the Moral Character of Victim of Rape (Deletion of Section 151 (4) of Qanun-e-Shahdat Order 1984) 5- Post-divorce Matta‘a ( ) for Wife 6- Amendments Suggested in the Pre-emption Acts 7- Extension of Transfer of Property Act 1882 to Islamabad Capital Territory 8- Rationalising Stamp Duty on Instruments 9- Rationalising the Amount of Court Fees Prescribed by the Court Fees Act 1870 10- Reform of Hudood Laws 11- Amendment in the Dissolution of Muslim Marriages Act 1939 12- Amendments in the Pakistan Citizenship Act 1951 13- Amendment in the Baluchistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act 1939 14- Rescision of Notification Issued Under Section 10 (1) & (2) of the Criminal Law Amendment Act 1932 15- Amendment in Section 60 and Order XXI of the Code of Civil Procedure 1908 16- Eradication of ―Qabza‖ Group Activities 85 17- Amendment of Section 197 of the Code of Criminal Procedure 1898 and Section 6 (5) of the Criminal Law Amendment Act 1958 18- Amendment in Section 96 & 115 of the Code of Civil Procedure 1908 19- Execution of Foreign Decrees 20- Amendment in the First Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908 21- Amendment in the Majority Act 1875 22- Amendment in the Guardian and Wards Act 1890 23- Eliminating the Custom of Vanni (Giving Female in Marriage as Consideration for Compounding Disputes/Offences) 24- Deletion of Sub-Section (2) of Section 12 of the Code of Civil Procedure 1908 25- Amendment in Section 128 of the Qanun-e-Shahadat Order 1984 26- Effective Enforcement of Female Right to Inheritance 27- Deletion of Paras 22, 23 & 24 of the Land Reforms Regulation 1972 28- Reforming the Legal Practitioners and Bar Councils Act 1973 29- Amendment in Section 54 & 55 of the Code of Criminal Procedure 1898 30- Early Hearing of Appeals Against Death Penalty 31- Amendment in Article 17 of the Qanun-e-Shahadat Order 1984 32- Amendment in the Code of Criminal Procedure 1898 33- Amendment in the Sindh Rented Premises Ordinance 1979 34- Amendment in the Arms Ordinance 1965 86 35- Amendment in the Pakistan Names and Emblems (Prevention of Unauthorised Use) Act 1957 36- Confinement for Non-Payment of Diyat 37- Amendment in Section 17 of the Prohibition (Enforcement of Hadd) Order 1979 38- Amendment in Section 107 of the PPC to Make Unlawful Jirga Verdict an Offence 39- Amendment in Juvenile Justice System Ordinance 2000 40- Amendment in the Payment of Wages Act 1936 41- Pre-trial Hearing/Conference 42- The Islamabad Rented Premises Bill 2000 43- Changing the Nomenclature of Subordinate Judicial Officers 44- The Utility Services (Redressal of Complaints) Bill 2000 45- The Water Supply Service (Redressal of Complaints) Bill 2000 46- The Consumer Protection Bill 2000 47- Early Disposal of 10 Years Old Cases Papers on Which Work is in Progress 1- Measures for Welfare of Senior Citizens 1- Tribunal for Tortious Liability of Government Servants 2- Amendment in the PPC to Make More Offences Compoundable 3- Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law 4- Legislation for Regulating Domestic Servants 5- 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. 6- Amendments in Hudood Laws 87 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 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) 88 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 48- Amendment in Pure Food Ordinance 1960. 49- Amendment in Bonded Labour System (Abolition) Act 1992 50- Amendment in the Electricity Act 1910 51- Amendment in W.P. WAPDA Act 1958 52- Amendment in Sales of Goods Act 1930 53- Amendment in Prevention of Cruelty to Animals Act 1890 54- Amendment in Easements Act 1882 55- Amendment in Shops and Establishment Ordinance 1965 89 56- Amendment in Land Revenue Act 1967 57- Amendment in Order 37 of Civil Procedure Code 1908 68- Amendment in Probation of Offenders Ordinance 1960 69- Amendment in Pakistan Bait-ul-Mal Act 1991 70- Amendment in the Cooperative Societies Act 1912 71- Amendment in the Society Registration Act 1860 72- Amendment in Islamabad Rent Restriction Ordinance 2001 73- Amendment in Juvenile Justice System Ordinance 2000 74- Examine the Original, Appellate, Review and Revisional Jurisdiction of Various Courts 75- Amendment in the Oaths Act 1873 76- Amendment in Loudspeakers and Sound Amplifiers Ordinance 1964. 77- Amendment in Federal Employees Benevolent Fund and Groups Insurance Act 1969. 78- Amendment in Wild Birds and Animals Protection Act 1912 79- Amendment in Dangerous Cargoes Act, 1953 80- Amendment in Conciliation Courts Ordinance 1961 81- Amendment in Female Infanticide Prevention Act 1870 82- Amendment in Promissory Notes Stamps Act 1899 83- Amendment in Workmen‘s Compensation Act 1923 84- Reform of the Frontier Crimes Regulation 1901 85- Rationalizing the Punishment of Imprisonment Prescribed under Various Statutes 86- The Interest Act, 1839 87- The Public Accountants Default Act, 1850 88- The Judicial Officers Protection Act, 1850 89- The Caste Disabilities Removal Act, 1850 90- The Tolls Act, 1851 91- The Recusant Witnesses Act, 1853 90 92- The Mesne Profits and Improvements Act, 1855. 93- The Legal Representatives Suits Act, 1855 94- The Bills of Lading Act, 1856 95- The Hindu Widows Re-Marriage Act, 1856 96- The Society Registration Act, 1860. 97- The Stage-Carriages Act, 1861. 98- The Excise (Spirits) Act, 1863. 99- The Carriers Act, 1865. 100- The Public Gambling Act, 1867. 101- The Sarais Act, 1867. 102- The Divorce Act, 1869. 103- The Cattle-Trespass Act, 1871. 104- The Pensions Act, 1871. 105- The Punjab Laws Act, 1872. 106- The Government Savings Banks Act, 1873. 107- The Married Women‘s Property Act, 1874. 108- The Laws Local Extent Act, 1874. 109- The Sind Revenue Jurisdiction Act, 1876. 110- The Treasurer-Trove Act, 1878. 111- The Arms Act, 1878. 112- The Ferries Act, 1878. 113- The Elephants‘ Preservation Act, 1879. 114- The Hackney-Carriage Act, 1879. 115- The Dekkhan Agriculturists‘ Relief Act, 1879. 116- The Kazis Act, 1880. 117- The Obstruction of Fairways Act, 1881. 118- The Tramways Act, 1886. 119- The Merchandise Marks Act, 1889. 120- The Bankers‘ Books Evidence Act, 1891. 91 121- The Marriages Validation Act, 1892. 122- The Lansdowne Bridge Act, 1892. 123- The Government Tenants (North-West Frontier) Act, 1893. 124- The Sind Encumbered Estates Act, 1896. 125- The Fisheries Act, 1897. 126- The Lepers Act, 1898. 127- The Post Office Act, 1898. 128- The Stamps Act, 1899. 129- The Government Buildings Act, 1899. 130- The Glanders and Farcy Act, 1899. 131- The Church of Scotland Kirk Sessions Act,1899. 132- The Tolls (Army and Air Force) Act, 1901. 133- The Pakistan Coinage Act, 134- The Criminal Law Amendment Act, 1908. 135- The Insolvency (Karachi Division) Act, 1909. 136- The Whipping Act, 1909. 137- The Dourine Act, 1910. 138- The Prevention of Seditious Meetings Act, 1911. 139- The Wild Birds and Animals Protection Act, 1912. 140- The Official Trustees Act, 1913. 141- The Hindu Disposition of Property Act,1916 142- The Destruction of Records Act, 1917. 143- The Cotton Cloth Act, 1918. 144- The Local Authorities Pensions and Gratuities Act, 1919. 145- The Poisons Act, 1919. 146- The Securities Act, 1920. 147- The Charitable and Religious Trusts Act, 1920. 148- The Maintenance Orders Enforcement Act, 1921. 149- The Cotton Transport Act, 1923. 92 150- The Mines Act, 1923. 151- The Cantonments (House-Accommodation) Act, 1923. 152- The Cotton Cess Act, 1923. 153- The Official Secrets Act, 1923. 154- The Mussalman Wakaf Act, 1923. 155- The Cotton Ginning and Pressing Factories Act, 1925. 156- The Provident Funds Act, 1925. 157- The Sikh Gurdwaras (Supplementary) Act, 1925. 158- The Government Trading Taxation Act, 1926. 159- The Legal Practitioners (Fees) Act, 1926. 160- The Forest Act, 1927. 161- The Lighthouse Act, 1927. 162- The Lac Cess Act, 1930. 163- The Hindu Gains of Learning Act, 1930. 164- The Provisional Collection of Taxes Act, 1931. 165- The Criminal Law Amendment Act, 1932. 166- The Factories Act, 1934. 167- The Petroleum Act, 1934. 168- The Parsi Marriage and Divorce Act, 1936. 169- The Arbitration (Protocol and Convention) Act, 1937. 170- The Hindu Women‘s Rights to Property Act, 1937. 171- The Arya Marriage Validation Act, 1937. 172- The Rules and Regulations Continuance Act, 1937. 173- The Federal Court Act, 1937. 174- The Cutchi Memons Act, 1938. 175- The Criminal Law Amendment Act, 1938. 176- The Dissolution of Muslim Marriages Act, 1939. 177- The Standards of Weight Act, 1939. 178- The Registration of Foreigners Act, 1939. 93 179- The Commercial Documents Evidence Act. 180- The Agricultural Produce Cess Act, 1940. 181- The Mines Maternity Benefit Act, 1941. 182- The Professions Tax Limitation Act, 1941. 183- The War Injuries Ordinance, 1941. 184- The Railways (Local Authorities, Taxation) Act, 1941. 185- The Motor Vehicles (Drivers) Ordinance, 1942. 186- The War Injuries (Compensation Insurance) Act, 1943. 187- The Cotton Cloth and Yarn (Contracts) Ordinance, 1944. 188- The Coconut Committee Act, 1944. 189- The Railway Stores (Unlawful Possession) Ordinance, 1944. 190- The Public Debt Act, 1944. 191- The Criminal Law Amendment Ordinance, 1944. 192- The Post Office National Savings Certificates Ordinance, 1944. 193- The Oil Seeds Committee Act, 1946. 194- The Riot and Civil Commotion Risks Insurance Ordinance, 1947. 195- The Prevention of Corruption Act, 1947. 196- The Foreign Exchange Regulation Act, 1947. 197- The Pakistan (Exchange of Prisoners) Ordinance, 1948. 198- The Sindh Textile Board Ordinance, 1949. 199- The Imports and Exports (Control) Act, 1950. 200- The Karachi Hotels and Lodging-Houses (Control) Act, 1950. 201- The Vagrancy (Karachi Division) Act, 1950. 202- The Land Control (Karachi Division) Act, 1952 203- The House Building Finance Corporation Act, 1952. 204- The Employment (Record of Services) Act, 1952. 205- The Karachi Electricity Control Act, 1952. 206- The Dangerous Cargoes Act, 1953. 94 207- The Karachi Rent Restriction Act, 1953. 208- The Karachi Essential Articles (Price Control and Anti Hoarding) Act, 1953. 209- The Charitable Funds (Regulation of Collections) Act, 1953. 210- The Pakistan Junior Cadet Corps Act, 1953. 211- The Emergency Powers Ordinance, 1955. 212- The Invalid Provincial Acts Confirmation Ordinance, 1955. 213- The Questioned Provincial Act, Confirmation Ordinance, 1955. 214- The Pakistan Commission of Inquiry Act, 1956. 215- The United Nations (Declaration of Death of Missing Persons) Act, 1956. 216- The International Finance Corporation Act, 1956. 217- The Drugs and Medicines (Indemnity) Act, 1957. 218- The Cotton Act, 1957. 219- The Pakistan Criminal Law Amendment Act, 1958. 220- The Public Order (Meetings) Ordinance, 1958. 221- The Medical Qualifications (Information) Ordinance, 1960. 222- The Coal Mines (Fixation of Rates of Wages) Ordinance, 1960. 223- The Notaries Ordinance, 1961. 224- The Pakistan College of Physicians and Surgeons Ordinance, 1962. 225- The Employees Social Insurance Ordinance, 1962. 226- The Indecent Advertisements Prohibition Act, 1963. 227- The Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965. 228- The Civil Services (Qualification for Appointment as High Court Judge) Act, 1965. 229- The Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966. 95 230- The Dormant Funds (Administration) Act, 1966. 231- The Import of Goods (Price Equalization Surcharge) Act, 1967. 232- The Pharmacy Act, 1967. 233- The Companies Profits (Workers Participation) Act, 1968. 234- The Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969. 235- The Federal Employees Benevolent Fund and Group Insurance Act, 1969. 236- The War Risks Insurance Continuance Ordinance, 1969. 237- The Bait-ul-Mal Act, 1991. 238- The Islamabad Rent Restriction Ordinance, 2001. 96 Officers & Staff of the Secretariat Exchange: 051-9220483, Fax: 9214416 Email: email@example.com S. No. Designation Name Office 1. Secretary, Dr. Faqir Hussain 9214109 9220581/274 9220483/101 2. PS to Secretary Raja Khalid Mehmood 9214109 9220483 Ext. 108 3. Joint Secretary – I Malik Muhammad Iqbal 9217454 9220483 Ext. 103 4. Joint Secretary – II Sh. Habib-ur-Rehman 9214506 9220483 Ext. 102 5. Deputy Secretary – I Mr. Mumtaz Ahmed 9214797 9220483 Ext. 104 6. Research Officer – I Dr. Muhammad Tahir 9208752 9220483 Ext. 110 7. Research Officer – II Ms. Fowzia Jalal Shah 9209412 9220486 Ext. 106 8. Research Officer – III Mr. Qasim Aslam 9214793 Minhas 9220483 Ext. 105 9. Research Officer –Fund Mr. Waseem Javaid 9220486 Ext. 118 10. Section Officer Mr. Muhammad Sajjad 9220370 (Audit/Accounts) 11. Assistant Accounts Officer Mr. Irfan-Ul-Haq 9220486 Ext. 113 12. Superintendent Admin Mr. Shahid Khalid 9220376 13. Superintendent (Research) Mr. Ihsanullah Khan 9220486 Ext. 111 14. Librarian Syed Nasir Ali Shah 9203584 9220486 Ext. 116 15. Computer Programmer Mr. Muhammad Ali 9220486 16. Computer Operator Mr. Farrukh Zia 9220486 Ext. 117 17. Incharge Protocol Mr. Humayun Khan 9220483 Jadoon 9220486 Ext. 114 97 Annex IV 10.5 Addresses of other Law Commissions AUSTRALIA GAMBIA KENYA Australian Law Reform The Law Reform Commission Kenya Law Reform Commission Of the Gambia Commission GPO Box 3708 PO Box 266 Box 34999 Sydney NSW 1044 Banjul Nairobi Ph: (02) 9284 6333 THE GAMBIA KENYA Fax: (02) 9284 6363 Ph: + 254 2 220 888/9 E-mail: firstname.lastname@example.org Fax: + 254 2 336 499 URL: www.alrc.gov.au BANGLADESH GHANA LESOTHO Bangladesh Law Reform Ghana Law Reform Law Reform Commission of Commission Commission Lesotho Old High Court Building PO Box M. 63 PO Box 33 Dhaka 1000 Accra Maseru 100 BANGLADESH GHANA LESOTHO Ph: + 880 2 9559004 Ph: + 233 21 228898 Ph: + 266 313236 Fax: + 880 2 9560843 E-mail: Lawrefgh@ghana.com Fax: + 266 311092 E-mail:email@example.com CANADA HONG KONG MALAWI Law Commission of Canada Law Reform Commission of Malawi Law Commission th 473 Albert Street, 11 Floor Hong Kong Private Bag 373 Ottawa Ontario KIA OH8 20th Floor, Harcourt House Lilongwe 3 CANADA 39 Gloucester Road MALAWI Ph: + 1613 946 8980 Wanchai Ph: + 265 782822 Fax: + 1613 946 8988 HONG KONG Fax: + 265 782532 E-mail: firstname.lastname@example.org Ph: + 852 2528 0472 E-mail: URL: www.lcc.gc.ca Fax: + 852 2865 2902 email@example.com E-mail: firstname.lastname@example.org. URL: www.info.gov.hk/hkreform ENGLAND & WALES INDIA MALAYSIA Law Commission Law Commission of India Commissioner of Law Conquest House 7th Floor, A Wing Revision 37-38 John St Shastri Bhawan Attorney-General‘s Theobalds Road New Delhi 110001 Chambers London WC1N 2BQ INDIA 17th Floor, Bank Rakyat UNITED KINGDOM Ph: + 91 11 338 3382 Building Ph: + 44 171 453 1220 Fax: + 91 11 338 8870 Jalan Tangsi Fax: + 44 171 453 1297 E-mail: law Nathan@hub.nic.in 50512 Kuala Lumpur E-mail: URL: www.nic.in/lawcom MALAYSIA email@example.com Ph: + 60 3 292 3077 v.uk Fax: + 60 3 293 2021 URL:www.gtnet.gov.uk/ E-mail: firstname.lastname@example.org 98 FIJI IRELAND NAMIBIA Fiji Law Reform Commission The Law Reform Commission Law Reform and Box 2194, Government IPC House, 1st Floor Development Commission Buildings 35-39 Shelbourne Road Ministry of Justice Suva Ballsbridge Private Bag 13302 FIJI Dublin 4 Windhoek Ph: + 679 303 900 IRELAND NAMIBIA Fax: + 679 303 646 Ph: + 353 1 637 7600 Ph: + 264 61 239 280 E-mail: email@example.com Fax: + 353 1 637 7601 Fax: + 264 61 240 064 E-mail: firstname.lastname@example.org NEW ZEALAND SOUTH AFRICA California Law Revision Law Commission PO Box South African Law Commission Commission 2590 Private Bag X668 4000 Middlefield Road,Room Wellington Pretoria 0001 D-I NEW ZEALAND REPUBLIC OF SOUTH Palo Alto, CA 9403-4739 Ph: + 64 4 473 3453 AFRICA UNITED STATES OF Fax: + 64 4 471 0959 Ph: + 27 12 322 6440 AMERICA E-mail: email@example.com Fax: + 27 12 320 0936 Ph: +1650 494 1335 URL: www.lawcom.govt.nz/ E-mail: Fax: + 1650 494 1827 firstname.lastname@example.org E-mail: URL: email@example.com www.law.wits.ac.za/salc/salc.ht URL: www.clrc.ca.gov/ ml NIGERIA SRI LANKA Connecticut Law Revision Nigeria Law Reform Law Commission Commission Commission C/56 Keppetipola Mawatha Room 509A, State Capitol Federal Secretariat Complex Colombo 5 Hartford, CT 06106 1 SRI LANKA UNITED STATES OF Po Box 60008 Ikoyi AMERICA Lagos Ph: +1 860 240 0220 Fax: +1 860 240 0322 E-Mail: Irc@po.state.ct.us URL:www.cga.state.ct.us/lrc/ PCPPI—1009(06) LJCP—22-09-2006—1,000.
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