LAW & JUSTICE COMMISSION

OF PAKISTAN

 

 

ANNUAL REPORT 2002

 

 

 

 

GOVERNMENT OF PAKISTAN

LAW & JUSTICE COMMISSION OF PAKISTAN

SUPREME COURT BUILDING

CONSTITUTION AVENUE

ISLAMABAD

 

 

Tel:  0092-51-9220483

Fax: 0092-51-9214416

Email: ljcp@ljcp.gov.pk

Website: www.ljcp.gov.pk

 

The Annual Report 2002 is available on the Commission’s web. For further information about the Commission or its activities, please contact the Secretariat. The address is:

 

Law and Justice Commission of Pakistan

Supreme Court Building

Constitution Avenue

Islamabad

 

Tel: 0092-51-9220483

Fax:0092-51-9214416

 

Email: ljcp@ljcp.gov.pk

Website: www.ljcp.gov.pk

 

 

 

 

 

CONTENTS

 

 

1.                  Foreward

 

2.         Introduction

 

3.         The Commission

 

4.                  Commission’s Composition

 

5.         Commission‘s Secretariat

 

6.         Access to Justice Development Fund

 

7.         Automation Plan for Judicial Institutions

 

8.                  Commission’s Meetings

 

9.                  Meeting with the President of Pakistan

 

10.       Reports Approved

 

11.       Public Awareness Scheme

 

12.       Law Reform Projects

 

13.             Implementation of Recommendations

 

14.       Workshop/Conferences

 

15.             Interaction with other Organizations

 

16.       Relation with other Law Commissions

 

17.             Annexes

 

i           Reports

 

ii          Public Awareness Scheme

 

iii         Pending Projects

 

                        iv         Addresses of other Law Commissions

           

           

 

Foreword

 

I am glad to know that the Secretariat of the Law & Justice Commission of Pakistan is publishing the Annual Report for the year 2002. The annual report is meant to analyse the performance and present the achievements of an institution. It reflects the goals/objectives set and the extent to which progress has been made or difficulties confronted in attaining them. It helps bringing about greater transparency and accountability of the institution. I am happy, and indeed do commend, the efforts of the Secretariat of the Commission in bringing out such a vital document for the information of the government functionaries and the general public.

 

The present-day world is characterized by phenomenal changes and developments. Such changes and developments indeed warrant proper preparations and appropriate responses to meet the challenges of time and address the emerging realities of the society. Like all other professions, the disciplines of law and administration of justice are undergoing change and reform. Law is increasingly being used as an instrument of change to facilitate in the orderly consolidation of gains and open new avenues of development. Developed and advanced nations have progressed in various spheres of life, including arts and science, by strict adherence to the supremacy of law and the free, fair and impartial dispensation of justice to all and sundry. Rule of law and complete and total submission to law are the hallmark of successful societies.

 

The legal system, in order to be effective, must change and keep pace with new challenges and emerging needs of the society. To keep the legal system under constant review and reform, the Government of Pakistan established in 1979 the Law Commission. With the passage of time the institution has gained strength and stature. Recognising its performance and ability to deliver, the Government recently expanded the role and functions of the Commission. The Commission has now been renamed as Law & Justice Commission of Pakistan and assigned, among others, the important functions of recommending to the Federal Government and provincial governments, reforms/modernization of the legal system, administration of justice, improvement in the system of legal education and formulation of judicial policy for bringing about greater judicial independence and ensuring fair and expeditious dispensation of justice. The Commission has also been given necessary funds for improving the capacity of subordinate courts, quality of legal education and research, judicial training and provision of legal aid and assistance to ensure access to justice to all and especially the deprived and underprivileged sections of society.

 

I am happy that in the year 2002, the Commission held regular sessions and approved 17 reports, some of which have already been implemented by the Government. I congratulate the staff of the Secretariat for their hard work and dedicated efforts in preparing working papers, draft bills and reports. The Secretariat also published a Report in Urdu titled “          “ containing write-ups on issues/problems of concern/interest to the general public. I trust that the members and professional staff of the Commission will continue to work hard so as to achieve the stipulated goals and make this body a vital national institution.                                                  

 

 

 

                                                                                    (Sh. Riaz Ahmed)

        Chairman

Introduction

 

The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprises 12 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 others. Each province is represented by one member. 

 

In the year 2002, the Commission held several sessions and approved 17 law reform reports. The Secretariat of the Commission, which operates a Legal Awareness Scheme, also published a Report in Urdu titled “                   “ containing 28 write-ups on legal and judicial issues for public education and information.

 

Changes to Commission’s Statute

In the year 2002, some major amendments were introduced to the Commission’s Ordinance, thereby expanding its mandate. The Commission has been assigned wide functions including the reform/modernization of laws (federal and provincial), reform in the administration of justice, improving the standard of legal education, devising simple and effective trial procedure to ensure inexpensive and speedy justice, simplifying laws for easy comprehension and making the society law-conscious. The expanded role of the Commission now also includes preparing and executing schemes for human resource development for efficient court administration and case management, coordination of judiciary and executive, preparing and implementing plans for access to justice, provision of legal aid and protection of human rights. The Commission will also administer the Access to Justice Development Fund, meant for improving the capacity and performance of the subordinate courts, improving the standard of legal research and education, judicial training and provision of legal aid to needy and deserving persons.

 

The Government further established, through an Ordinance, the National Judicial (Policy Making) Committee, headed by the Chief Justice of Pakistan and comprising the Chief Justice, Federal Shariat Court and 4 Chief Justices of High Courts. The Committee is mandated to formulate and implement judicial policy and prepare schemes for improving the capacity and performance of the administration of justice. The Secretariat of the Commission will render secretarial services to the Committee and the Secretary of the Commission is designated as Secretary of the Committee. This body has also since become functional and is meeting regularly.

 

 

Secretariat

 

The Commission has its own Secretariat, headed by a Secretary and comprising research officers and ministerial staff. The research posts comprise 2 Joint Secretaries, 2 Deputy Secretaries and 2 Research Officers. The ministerial staff comprise 48 personnel. In keeping with the expanded role of the Commission, the additional staff requirements of the Secretariat are currently being examined by the Government. We hope that the necessary professional staff will be soon provided to the Secretariat.

 

 

Library & Computerisation

 

The Commission has its own library with a collection of 4000-plus 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.

 

 

Performance

 

The Commission has so far approved and published 52 reports on different issues/subjects and submitted the same to the Government for implementation. A detailed list of such reports is given at Annex 1. 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 interest and published through the news media. A list of such published material is at Annex II. Citizens are encouraged to obtain further clarification and/or advice on legal issues from the Secretariat by writing or personal contact or on phone. Several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion.

 

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,

12 April 2003

THE COMMISSION

 

Composition

 

The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprises 12 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 others. Each province is represented by one member.

 

Functions

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

 

1.         carrying out a regular and systematic review of the statutes and other laws of the land, with a view to improving/modernizing  the same and bring it in accord with the changing needs of the society;

2.         arranging the codification and unification of laws, so as to eliminate multiplicity of laws on the same subject;

3.         removing inconsistencies between Federal and provincial laws;

4.         simplifying laws for easy comprehension and suggesting measures to make the society law-conscious;

5.         introducing  reforms in the administration of justice;

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

7.         recommending improvements in the quality/standard of legal education.

8.         taking measures for developing human resources for efficient court administration and management of case flow;

9.         co-ordination between the judiciary and executive authorities of the Federal Government and provincial governments on administrative, financial and other related  matters;

10.       preparing and operating schemes for access to justice, legal    aid and protection of human rights;

11.       managing the Access to Justice Development Fund;

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

 

 

New Functions

 

The Law Commission Ordinance 1979 was amended in the year 2002, and the body was renamed as the Law & Justice Commission of Pakistan. It was entrusted additional functions as follows:

 

1    developing and augmenting human resources for efficient court administration and case management;

2    coordination of judiciary and executive;

3    preparing schemes for access to justice, legal aid and protection of human rights;

4    administering and managing the Access to Justice development Fund for improvement in subordinate courts, quality of legal research and education, access to justice and provision of legal aid to poor and needy.

 

Co-ordination with NJPMC

 

The Commission will co-ordinate with the National Judicial (Policy Making) Committee in implementation of its policies. The Commission’s Secretariat renders secretarial assistance to the NJPMC

 

Reconstitution

 

Following amendments to the Commission Ordinance, the Law & Justice Commission was reconstituted on 13 December 2002. Two members namely, Mr. Justice Qazi Mohammad Farooq, Judge, Supreme Court of Pakistan and Mr. Abdul Qadir Halepota, Advocate, High Court of Sindh, ceased to be members. The Commission records its thanks and appreciation to all former members for their contributions to the functions of the Commission. The Commission further welcomes the inductions of the Attorney General for Pakistan, Chairperson, National Commission on the Status of Women and Mr. M. Sardar Khan, Senior Advocate, Supreme Court, in its fold as new members.

 

Chairman and Members of the Commission (2002)

 

Chair (L to R)     Mr. Justice Falak Sher, Chief Justice, Lahore High Court; Mr. Justice Saiyed

Saeed Ashhad, Chief Justice, High Court of Sindh; Mr. Justice Qazi Mohammad

Farooq, Judge, Supreme Court; Mr. Justice Sh. Riaz Ahmed, Chief Justice of

Pakistan (Chairman); Syed Sharifudding Pirzada, Senior Advisor to Chief

Executive & Senior Advocate, Supreme Court; Mr. Justice Raja Fayyaz Ahmed,

Chief Justice, High Court of Baluchistan; Mr. Justice Mian Shakirullah Jan,

 Chief  Justice, Peshawar High Court.

 

Standing(L to R)Dr. Faqir Hussain, Secretary; Syed Afzal Haider, Senior Advocate, Supreme

Court; Mr. Abdul Qadir Halepota, Advocate, High Court; Mr. Muhammad Aslam

 Chishti, Senior Advocate, Supreme Court.

 

Commission’s Composition

 

Chairman

MR JUSTICE SH. RIAZ AHMED,

Chief Justice of Pakistan

 

 

Graduate in Law from University Law College, Lahore; enrolled as Pleader in 1960, Advocate, High Court in 1962 and Advocate Supreme Court in 1968. Practised law for 14 years; Visiting Lecturer at the University Law College, Lahore from 1969-74;  Appointed Assistant Advocate General, Punjab in 1974; Remained Advocate General Punjab from 1980-84. Elevated as Judge, Lahore High Court in 1984; Served as Member, Election Commission and Secretary, Law and Justice Division. Appointed as Chief Justice, Lahore High Court in June 1997; Elevated as Judge, Supreme Court in November 1997. Served as Chairman, Enrolment Committee, Punjab Bar Council; Member, Executive Council, AIOU, Islamabad, Syndicate, Quaid-i-Azam University, Islamabad, Agriculture University, Faisalabad, Government College, Lahore. Attended Commonwealth Law Officers Conference at Malta in 1994; International Conference on Criminal Law in Brazil in 1995; Commonwealth Judicial Education Institute, Canada in 2000; World Bank Conference at Washington in 2000; 4th Common Law Judicial Conference; and Conference on Judicial Independence at Canada in 2001. Elevated as Chief Justice of Pakistan on 1.2.2002 and in that capacity is Chairman, Law & Justice Commission of Pakistan, National Judicial (Policy Making) Committee, Federal Judicial Academy and Almizan Foundation.

 

 

 

 

MEMBERS

SYED SHARIFUDDIN PIRZADA,

Senior Advisor to Prime Minister &

Senior Advocate, Supreme Court

 

Graduate in Law from Bombay University, India in 1945; Senior Advocate Supreme Court of Pakistan; Ambassador-at-Large; Honorary Secretary to Quaid-e-Azam Muhammad Ali Jinnah from 1941-44; Secretary, Bombay City Muslim League in 1945-47; Chairman, Publicity Committee of Bombay Provincial Muslim League during General Elections 1945-47; Managing Editor of the Daily Morning herald, Bombay, 1947; led Pakistani Delegation to United Nations in 1960; Chairman, Quaid-e-Azam Biographic Committee; Foreign Minister of Pakistan, 1966-68; Advisor to the Constitution Commission of Pakistan; Attorney General for Pakistan, 1968-71; Chairman, U.N. Human Rights Sub-Committee on Minorities 1977; Member, International Law Commission; Chairman, Experts Committee for drafting the statutes of Islamic International Court of Justice (O.I.C); Federal Minister of Law and Parliamentary Affairs and Attorney General for Pakistan, 1977; Attorney General and Law Minister, 1978-84; Chairman, Company Law Commission 1981; represented Pakistan in International Tribunal on Runn of Kutch, 1965 and also before International Civil Authority, Montreal in the over flight case; Secretary General O.I.C 1985-88; Ambassador-at-Large; Caretaker Foreign Minister, 1993; Awarded 'Nishan-i-Imtiaz' in 1998; received High Awards from France, Germany, Jordan, Syria and South Korea; Member, National Security Council 1999; Ambassador-at-Large 1999; Judge Ad-hoc, International Court of Justice, 2000; Honorary Senior Advisor to the Chief Executive of Pakistan 2000-2002 and Senior Advisor to the Prime Minister on Foreign Affairs and Law & Justice since 2002.

 

MR JUSTICE QAZI MOHAMMAD FAROOQ, 

Judge, Supreme Court of Pakistan

(remained Member of the Commission

from 24 February 2001 to 13 December 2002)

 

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

 

MR JUSTICE CH. EJAZ YOUSAF,

Chief Justice, Federal Shariat Court

(since 15 January 2003)

 

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 Ministry of Law, Justice and Human Rights, Government of Pakistan 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, Federal Shariat Court on 15 January 2003.

 

MR JUSTICE FAZAL ILAHI KHAN,

Chief Justice, Federal Shariat Court

(retired on 11 January 2003)

 

 

Graduate in Law from Khyber Law College, Peshawar University, enrolled as Pleader on 23 August 1956; enrolled as an Advocate of the erstwhile High Court of West Pakistan Peshawar Bench, on 24 June 1959 and Advocate, Supreme Court of Pakistan on 28 April 1976. Appointed Judge of the Peshawar High Court on 8 April 1982. Worked as Election Tribunal, Banking Judge, and Chairman of the NWFP Labour Appellate Tribunal. Appointed as Chief Justice, Peshawar High Court on 9 February 1991. Also worked as Member of Federal Review Board of Pakistan. Elevated as Judge of the Supreme Court of Pakistan on 3 April 1993. Remained Member, Federal Public Service Commission from May 1998 to 11 January 2000; appointed Chief Justice of the Federal Shariat Court of Pakistan on 12 January 2000 and retired on 11 January 2003.

 

 

MR JUSTICE SAIYED SAEED ASHHAD,

Chief Justice, High Court of Sindh

 

 

Practised at the Bar from 1964 -1975; appointed Additional District & Sessions Judge, Khairpur in 1975; remained  Presiding Officer Labour Court, Karachi, Additional District & Sessions Judge, Karachi, Draftsman, Law Department, Government of Sindh, Karachi, District & Sessions Judge, Shikarpur, Presiding Officer, Labour Court, Karachi, Special Judge (Custom & Taxation) Anti-Smuggling, Karachi, Chairman, Insurance Appellate Tribunal and Chairman Drug Court, Judicial Member, Income Tax Appellate Tribunal,  District & Sessions Judge, Sukkur; Special Judge (Custom, Taxation and Anti-Smuggling) Government of Pakistan, Karachi, District & Sessions Judge, Karachi, Elevated as Judge of High Court on 11 January 1997; as Chief Justice, High Court of Sindh on 28 April 2000.

  

 

MR JUSTICE RAJA FAYYAZ AHMAD,

Chief Justice, High Court of Balochistan 

 

Graduate in Law from University Law College Lahore. Enrolled as an Advocate in 1968; remained honorary lecturer in the University Law College, Quetta; Legal Advisor, Quetta Municipal Corporation, Joint Secretary, General Secretary, and President of the Balochistan Bar Association; elevated as Judge, High Court of Balochistan in January, 1997 and appointed as Chief Justice on 28th April, 2000.

 

MR JUSTICE MIAN SHAKIRULLAH JAN,  

Chief Justice, Peshawar High Court

 

 

Graduate in Law from Law College, University of Peshawar in 1972; enrolled as an Advocate in 1973, Advocate of High Court in 1975 and Advocate of the Supreme Court in 1980. Appointed Additional Advocate General, NWFP in 1993; remained Member, Supreme Court Bar Association of Pakistan, Member, Provincial Bar Council, NWFP, Secretary General, Peshawar High Court Bar Association; Vice President, Peshawar High Court Bar Association; Visiting Lecturer at the Provincial Services Academy, Peshawar; part time Lecturer at the Frontier Law College, Peshawar; participated in the Shariah Course of the Shariah Academy of International Islamic University, Islamabad in 1991; elevated Additional Judge of Peshawar High Court on 13th December 1993 and appointed Chief Justice on 10th January 2002. Participated in the Fourth Seminar for Developing Bar Association at Long Island, New York, USA in 1990; the 23rd Biennial Conference of International Bar Association at New York in 1990 and Law-Asia Legal Aid Seminar, at New Delhi, India. 

 

MR JUSTICE  FALAK SHER,  

Chief Justice, Lahore High Court

(elevated to Supreme Court on 7 September 2002)

 

 

Graduate in Law from University Law College, Lahore, in 1966; Barrister-at-Law from Gray’s Inn; was called to English Bar in the year 1972; joined legal profession in 1966 and admitted to the rolls of Advocates of the Lahore High Court in 1969 and the Supreme Court of Pakistan in 1975.  Appointed as Legal Advisor to the British Ministry of Health and Social Security in London, which office he left in order to pursue the legal profession; visiting Lecturer at University Law College, Lahore for over a decade; Guest Speaker in Administrative Law at the National Institute of Public Administration as well as at the Pakistan Administrative Staff College, Lahore. Elevated as Judge of Lahore High Court in 1987 and appointed Chief Justice on 14 July 2000; elevated to the Supreme Court of Pakistan on 7 September 2002.

 

MR.JUSTICE IFTIKHAR HUSAIN CHAUDHRY, 

Chief Justice, Lahore High Court

(since 6 September 2002)

 

 

 

 

MR 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 MANSOOR AHMAD,

Secretary, Ministry of Law & Justice

 

     

 

 

JUSTICE (RETD) MAJIDA RAZVI,

Chairperson, National Commission on the Status

of Women

 

     

 

Graduate in Law and holding Master degree in Political Science & International Relations, University of Karachi; enrolled as Advocate in 1963; Advocate of Sindh High Court in 1966 and the Supreme Court of Pakistan in 1981; Associated with Asian Development Bank project on judiciary-delay reduction & mentor of Pilot Court in Sindh as nominee of Chief Justice, Sindh; elevated Judge, High Court of Sindh in 1994; appointed Chairperson, National Commission on the Status of Women 2002.

 

 

SYED AFZAL HAIDER,

Senior Advocate, Supreme Court

 

     

 

Graduate in Law from Punjab University; lecturer, Punjab University Law College; Professor of law, Quaid-e-Azam College and Pakistan College of Law; visiting Professor Pakistan Navy War College, Lahore; elected Secretary, Lahore High Court Bar Association 1960-61; President, Lahore High Court Bar Association 1983-84; Member, Pakistan Bar Council 1984-1994; Vice Chairman, Pakistan Bar Council, 1989-1990; Chairman, Executive Committee, Pakistan Bar Council 1990-1991; appointed Member Council of Islamic Ideology in 1989; Member, National Mozarba Board 1995-1998; Member, Advisory Committee, Pakistan Bait-ul-Mal; Minister for Law and Parliamentary Affairs of the Punjab, 1996-1997; Chairman, Baba Farid International Conference, 1989-1990; attended various international conferences at New York, Tokyo, Tehran and Delhi.

 

MUHAMMAD ASLAM CHISHTI,

Senior Advocate, Supreme Court

 

 

Graduate of Law from University Law College, Lahore; joined service as Police Prosecutor in Quetta-Kalat Range of West Pakistan and served as such till 1971; resigned from service and joined local Bar at Quetta in 1971; and Sindh/Balochistan High Court in 1972. Enrolled as Advocate Supreme Court in 1978 and Senior Advocate, Supreme Court in 1985.

 

MR. M. SARDAR KHAN,

Senior Advocate, Supreme Court

     

 

 

MR ABDUL QADER HALEPOTA,

Advocate, High Court

(remained Member from 24.2.2001 to 13.12.2002)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Graduate in Law from Sindh University; joined Legal profession in 1953; enrolled as Advocate, Sindh Chief Court in 1954; Member, Divisional Council, Hyderabad (1966); Legal Advisor, Sindh University; Hon. Legal Advisor, Mehran Arts Council and Shah Abdul Lateef Bhit Shah Cultural Centre Committee; Lecturer, Government Jinnah Law College, Hyderabad; Member, Governing Bodies of Sindh Law College and Jinnah Law College, Hyderabad; Member, Advisory Committee, Pakistan National Center, Hyderabad; President, Hyderabad District Bar Association (1974-75 and 1975-76); appointed Additional Judge, High Court of Sindh in 1977; Member, Board of Governors for Law Colleges in Karachi and Faculty Member, Hamdard University School of Law.

 

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 Federal Secretariat 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 and two Research Officers and other support staff, given below in the Organisational Chart.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Assistance to NJPMC

 

A national body was created under the National Judicial (Policy Making) Committee Ordinance 2002 to formulate judicial policy and recommend reforms in the administration of justice. The Committee is headed by the Chief Justice of Pakistan and comprises the Chief Justice, Federal Shariat Court and 4 Chief Justices of High Courts. All secretarial assistance to the Committee is provided by the Secretariat of the Commission and the Secretary of the Commission is designated as Secretary of the Committee. The functions of the Committee are:

 

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 qasi judicial functions;

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

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.

 

Chairman & Members, National Judicial (Policy Making)Committee

(L to R) Mr.Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court; Mr.Justice

Raja Fayyaz Ahmad, Chief Justice, High Court of Balochistan; Mr.Justice Ch.Ejaz Yousaf,Chief  Justice, Federal Shariat Court; Sh.Riaz Ahmad, Chief Justice of

Pakistan (Chairman);  Mr.Justice Saiyed Saeed Ashhad, Chief Justice, High Court

 of Sindh; Mr. Justice Mian Shakirullah Jan, Chief Justice, Peshawar High Court;

Dr. Faqir Hussain, Secretary, Law & Justice Commission.

 

Capacity Building 

 

The Commission, keeping in view the increased work of the Secretariat, approved a reorganization proposal for its capacity building to increase the professional staff and other support staff. The increased functions of the Commission and added responsibility of the Secretariat to service the National Judicial (Policy Making) Committee necessitated appropriate increase in the strength of the Secretariat staff. The case for additional staff has currently been processed by the Government.

 

 

 

Access to Justice Development Fund

 

Fund

 

The Government of Pakistan have launched the Access to Justice Programme. Under this programme an endowment grant of Rs. 1500 Million will be made to the Commission to establish an Access to Justice Development Fund. The Fund will be invested to generate income, which will be distributed for improvement of administration of justice through the following windows:

 

1          provincial subordinate courts (60.3%);

2          legal empowerment (13.3%);

3          Federal Judicial Academy where its activities are not covered by its budgetary provision (4.5%);

4          innovations in or promotion of legal education (4.5%);

5          legal and judicial research  (4.5%);

6          Fund management  (2.7%); and

7                    special projects in the under-developed provinces/areas

(10%).

 

Governing Body

 

The Access to Justice Development Fund Rules 2002 have been framed and notified in the Gazette. A Governing Body to invest the Fund and distribute its proceeds to the specified fund windows has been constituted under the rules with the Chief Justice of Pakistan/Chairman of the Commission as its head, and Chief Justice of Federal Shariat Court; Chief Justices of 4 provincial High Courts; Secretary, Law & Justice Division; Secretary, Finance Division and Secretary, Law & Justice Commission, as members. The Governing Body will hold its meetings at least once in three months and during the interval between its meetings the Chairman will act in the best interest of the Fund.

 

Eligible expenditures

The eligible expenditures of amount allocated to each Fund window will be.-

            (A)       Subordinate Courts window.-

                        i           automation of the courts;

                        ii          reliable storage space for records;

                        iii         information kiosks;

iv         provision of court-related conveniences and amenities to the litigants; and

v          performance reward for the subordinate judiciary on the basis of supervision reports and recommendations submitted by the inspection team of the High Courts.

 

            (B)       Legal empowerment window.-

i           clinical legal aid to clients affected by violation of their fundamental rights by the executive, especially on matters concerned with criminal justice;

ii          representation in public interest litigation;

iii         public awareness and legal literacy campaigns; and

iv         awareness on environmental laws.

 

            (C)       Legal innovations window.-

i           innovations in teaching of legal education and development of curriculum, including funding of pilot projects;

ii          improving standard of legal education; and

iii         efforts directed at improvements in professional standards of the legal professionals.

 

            (D)       Federal Judicial Academy window.-

i           training programs for the judiciary including mobile training arrangements and facilities;

ii          development of new courses, especially attempts at

innovations; and

iii         training and education for non-judicial personnel, e.g. administrators, registrars and other support staff dealing in policy development and Implementation, case flow management, budget, planning, information system and record management.

 

            (E)       Judicial and legal research window.-

i           legal and judicial research aimed at improving the delivery of judicial and legal services and the quality of the judgments; and

ii          initiatives to reform laws and advocacy related endeavours.

 

            (F)       Fund management window.-

I           salaries of auditors, consultants, investment advisors and officers and staff of Fund management;

ii          purchase of equipment, vehicles and stationary etc;

iii         preparation of accounts  and balance sheets of the Fund;

and

iv         payment of fees, salaries, traveling, daily and other

allowances  and  any other payment to be charged on the

 Fund.

 

(G)       Under developed area window.-

The eligible expenditure under this window shall be as provided at clauses (A to C) or for any other special project.

 

 

Automation Plan for Judicial Institution

 

The Government have planned an Automation Plan for the judicial institutions including the Ministry of Law & Justice, Law & Justice Commission and Federal Judicial Academy. The National Judicial (Policy Making) Committee will, with the assistance of Commission’s Secretariat, supervise the automation of the Supreme Court and four Provincial High Courts. In the next phase, the Automation Plan will be extended to the courts sub-ordinate to High Courts. The Commission’s Secretariat will be linked up with the judicial institutions for retrieving judicial statistics for harmonizing  judicial policy and publication of annual and periodic reports of the Supreme Court, Federal Shariat Court, High Courts, courts subordinate to High Courts and Administrative courts and tribunals.

 

MIS Office

 

A Management Information System (MIS) Office will be set up in the Secretariat of the Commission to keep the automation of judicial institutions updated. Judicial data/statistics will become available to the general public.

 

Commission’s website

 

The Commission is equipped with 14 computers, 3 lazar printers and 2 dot-matrix printers, which are interlinked through a network. All officers of the Secretariat have the facility of computers. The Commission also has its website. It contains detailed information about the functions and composition of the Commission and the Secretariat. All reports of the Commission are available on the website. A Public Awareness Scheme, containing write-ups in Urdu on topical issues/problems is also being run on the web to make the society law-conscious. The lists of Federal and provincial statutes 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 displayed.

 

 

Commission’s Meetings

 

During the Year 2002, the Commission held several meetings to discuss and approve various legal/judicial reform proposals.

 

Mr Justice Sheikh Riaz Ahmed, Chief Justice of Pakistan/

Chairman, Law & Justice Commission, addressing the Commission

 

30 March 2002

 

Agenda:        Agenda included, among others, the following items:

 

1-         enhancement of fine prescribed for various offences under the Pakistan Penal Code 1860

 

2-         enhancement of pecuniary jurisdiction of Civil Courts; pecuniary appellate jurisdiction of District Courts and pecuniary original jurisdiction of District Courts at Karachi.

 

3-         addition of the offences of “molestation” and “trafficking in child for use as camel jockey” to the Pakistan Penal Code 1860

 

 

Deliberations

 

The Commission considered the above agenda/proposals in detail and after due deliberations took the following decisions:

i           the amount of fines prescribed under 52 various sections of the Penal Code should be enhanced by three-fold;

ii          approved appropriate enhancement in the pecuniary jurisdiction of Civil Judges of the 3rd class and 2nd class, appellate jurisdiction of district courts, civil original jurisdiction of district courts at Karachi, original civil jurisdiction of High Court of Sindh at Karachi and Qazi Courts and Majlis-e-Shura in Baluchistan;

iii         constituted a Committee with the task to improve the drafts on the addition of the offences of “molestation” and “trafficking in child for use as camel jockey” and submit a report to the Commission in its next meeting. The said Committee was also asked to consider the issues of domestic violence and sexual harassment of women.

            The Commission further deliberated upon the other items and made appropriate observations.

 

18 May 2002

 

Agenda

 

1-         the draft  Law Commission (Amendment) Ordinance 1979.

 

2-         amendment in the Pakistan Penal Code 1860 to prescribe punishment for bouncing of cheques.

 

3-         amendment in the Dissolution of Muslim Marriages Act 1939.

 

4-         amendment in the Legal Practitioners and Bar Councils Act 1973.

 

5-         right of appeal to private complainant against acquittal order of special

courts.

 

6-         addition of the offence of “molestation” to the Penal Code .

 

7-         addition of the offence of “trafficking in child for employment in injurious/

            dangerous occupations and use as camel jockey” to the Penal Code.

 

8-         reference form Ministry of Women  Development, Social Welfare &

 Special Education on “domestic violence”.

 

9-         amendment in the penal code to prescribe punishment for absconding

from trial.

 

10-      amendment in Sections 32, 260 & 261 of the Cr. P.C.

 

 

 

Deliberations

 

The Commission considered the above agenda/proposals in detail and after due deliberations took the following decisions:

 

i           in the light of recommendations of the Committee comprising Chief Justices of provincial High Courts and Secretary, Ministry of Law & Justice the Commission,  approved certain amendments to the Law Commission Ordinance 1979;

ii          approved the addition of Section 489-F to the Penal Code to provide for punishment for bouncing of cheques, and a consequential amendment in the Cr.P.C. to make the offence of dishonestly issuing cheques cognizable, non-bailable and compoundable;

iii         asked the Secretary to obtain further information regarding the issue of amendment in the Dissolution of Muslim Marriages Act 1939, from other Muslim countries, for further consideration of the Commission.

iv         asked the Secretary to obtain the views of the provincial bar councils and Pakistan Bar Council on the issue of amendment in the Legal Practitioners and Bar Councils Act 1973;

v          approved that a private complainant and aggrieved person should have the right of appeal against a judgment or order of acquittal passed by special court under the Anti-Terrorism Act, 1997;

vi         recommended the addition of section 354-B to the Penal Code to fill the gap in legislation and to provide punishment for the offence of molestation with sexual motive;

vii        considered the report of the Committee constituted by the Commission in its meeting held on 30 March 2002 and approved the proposal for addition of section 373 to the PPC.

viii       examined the proposal of Ministry of Women Development to criminalize various forms of domestic violence and observed that the Family Courts have already been empowered to entertain minor criminal offences committed by spouses; 

ix         asked a member to prepare an appropriate draft on the issue of absconding from trial for consideration of the Commission;

x          suggested changes in Section 32 of Cr. P.C. to effect a 3-fold increase in the sums of fines leviable by magistrates of 1st, 2nd and 3rd class and also approved amendment in section 260 & 261 of the Cr .P.C.

xi         decided that the Chief Justices of High Courts will issue instructions to the trial courts to pass necessary orders in their judgments to ensure that sentences awarded under the Hudood laws are, pending appeal, treated as simple imprisonment.  

 

 

The Law & Justice Commission in Session

 

 

21 December 2002

 

Agenda

 

1.         amendment in Section 345 and the Schedule of the Code of Criminal

 Procedure, 1898 to make the offence of rioting compoundable.

 

2.         amendment in the Pakistan Penal Code 1860 to provide punishment for absconding from trial.

 

3.         punishment for the offence of gang rape.

 

4.         releasing the female accused on personal bond.

 

5.         examination of Section 54 and Section 167 of the Cr.P.C.

 

6.         impeaching the moral character of victim of rape.

 

7.         reforming the W.P. Requisitioning of Immovable Property (Temporary

 Powers) Act  of 1956.

 

8.         prohibition of unauthorized business of sale/purchase of national prize

 bonds.

 

9.         registration of documents.

 

10.       reference from Federal Shariat Court clarifying the appellate forum against the judgment of Special Court under section 10(4) of the offence of zina (Enforcement of Hudood) Ordinance 1979 and the Control of Narcotic Substances Act 1997.

 

11.        strengthening of institutional capacity of the Secretariat of the

 Commission & access to justice development fund rules.

 

12.       effective enforcement of female right to inheritance.

 

13.       banning the tradition of ‘vani’  (giving female as consideration for

 compromise).

 

14.       consequential amendments in rules following change of the name of

Pakistan Law Commission as Law & Justice Commission of Pakistan.

 

 

 

Deliberations

 

The Commission considered the above agenda/proposals in detail and after due deliberations took the following decisions:

i          recommended that the offence of “rioting” under sections 147 & 148 of the Pakistan Penal Code be made compoundable, when jointly committed with other compoundable offences, so as to put an end to the ordeal faced by the people and avoid the unnecessary trial proceedings in the courts;

ii          to consider the proposal of prescribing punishment for absconding from trial and asked the Secretary to further examine the proposal and submit a report for consideration of the Commission;

iii         examined an anomaly in law wherein for the offence of Zina-bil-Jabr (rape) by 2 or more persons, the only punishment prescribed is death and no alternative punishment is prescribed and approved amendment to Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 providing for the alternative punishments (in addition to the prescribed death penalty) i.e. imprisonment for life with minimum of 4 years and fine upto rupees one lac, payable to the victim;

iv         discussed the rising complaints of hardships being faced and abuse of women while in police custody or on judicial remand and decided that the Cr.P.C be amended to allow women bail in non-bailable offences that carried a punishments of imprisonment for less than 10 years;

v          with a view to exercise effective control over the performance of the magistrates when granting judicial remand and police officers while arresting a person, the Commission approved the proposal that administrative instructions should be issued by the provincial governments to the police and the Chief Justices of the High Courts to the judicial officers to ensure that the liberty of citizen is protected and no person is detained or held in custody, in violation of the law;

vi         it examined the proposal of deleting Article 151(4) of the Qunan-e-Shahdat Order 1984 relating to cross-examination as to the moral character of women prosecutrix in rape/attempted rape cases but did not agree with the proposal. The Commission felt that the clause  furnishes defence to an accused person to seek the mitigation of sentence, hence it should be retained.

vii        discussed the illegal business of Prize Bonds through unauthorized dealers by selling to the public “numbers” and thereby depriving the national exchequer of revenue and approved amendment to the Pakistan Penal Code to ban such business by prescribing the punishment of 7 years rigorous imprisonment and fine upto one lac rupees to those who indulge in this unauthorized business;

viii       examined two proposals of Chief Justice, Federal Shariat Court in respect of (i)  conferring appellate jurisdiction on the Federal Shariat Court against judgments delivered by the Special Court under section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, and (ii) making the Federal Shariat Court the appellate authority against judgments delivered by the Special Courts under the Control of Narcotic Substance Act 1997 and observed that in view of the deletion of the offence of Zina from the Schedule of  Anti Terrorism Act, there is no need for further consideration of the first proposal. As regards the proposal of conferring appellate jurisdiction on the Federal Shariat Court against judgments of the Special Courts under the Control of Narcotic Substances Act 1997, the Chief Justice, Federal Shariat Court volunteered to prepare a report and submit for consideration of the Commission;

ix         asked the Secretary to elicit public opinion on the issue of enforcement of female right to inheritance and to prepare a practical and workable framework for the same;

x          approved the Access to Justice Development Fund Rules with some modifications, additional posts and budget grant to strengthen the capacity of Commission’s Secretariat and consequential amendments in the Commission’s Rules, framed under the Ordinance;

xi         the Commission appreciated the decision taken by the National Judicial (Policy Making) Committee declaring that the practice of ‘Vani’ (giving female(s) as consideration for compounding offences) as against the injunctions of Islam and the Commission resolved that all high courts Chief Justices would issue instructions to all trial courts to ensure that no female was given as Badal-i-Sulh for compounding offences.

 

 

MEETING  WITH PRESIDENT OF PAKISTAN

 

Mr Justice Sheikh Riaz Ahmed, Chief Justice of Pakistan and Chairman, Law & Justice Commission of Pakistan accompanied by Dr Faqir Hussain, Secretary of the Commission, called on the President and presented him the reports, approved in the year 2002 by the Commission. The reports pertain to amendments to the Penal Code for providing punishment for dishonestly issuing cheques which are dishonoured/bounced, trafficking in children for use as camel jockeys or employment in hazardous/injurious occupations, punishing for the offence of molestation, enhancing the penalties of fines prescribed for various offences to make the law more deterrent, increasing the powers of magistrates in imposing fines, right of appeal against acquittal to private complainant under the Anti-Terrorism Act and enhancement of pecuniary jurisdiction of civil courts, District Courts. Most of such reports/recommendations have already been implemented by the Government through promulgation of Ordinances. The Chief Justice informed the President that certain other reports, recently approved by the Commission, would also be submitted to the Government. The Chief Justice further informed that the Law & Justice Commission of Pakistan and the National Judicial Policy Making Committee are high stature bodies, headed by the Chief Justice of Pakistan and comprising all the other Chief Justices and legal/judicial luminaries, responsible for the reform and modernisation of the legal system and improvement in the system of administration of justice in the country. The President appreciated the efforts of the Chairman and Members of the Commission and Committee in making sound and viable recommendations for reform and improvement in the legal and judicial systems to expeditiously resolve disputes and give redress of grievances to the litigant public. The President emphasised on the need for having a reformed and modern legal system and efficient system of administration of justice, which is very essential for good governance, and laying sound foundation for sustained economic growth, commercial activities and attracting foreign investment in the country. The President stated that he would forward the reports of the Commission to the Federal Cabinet and Provincial Governors for consideration and placement in Parliament and provincial assemblies.

 

 

REPORTS APPROVED

 

During the Year 2002, the Commission approved 17 reports on legal/judicial reform and forwarded its recommendations to the Federal Government for implementation. Some of the reports have already been implemented.

 

Report No.36

 

Enhancement of Pecuniary Jurisdiction of Civil Courts.

 

The High Court is empowered to fix Pecuniary Jurisdiction of Civil Judges under Section 9 of the West Pakistan Civil Courts Ordinance 1962. The Pecuniary Jurisdiction of Qazi and Majlis-e-Shura under the Balochistan Civil Disputes (Shariat Application) Regulation 1976, and the Qazi under the Dastur-ul-Amal Diwani Kalat is fixed by their respective laws. The present pecuniary jurisdiction of civil judges fixed by their respective High Courts of the four provinces and of the Qazi and Majlis-e-Shura under

their respective laws has been examined by the Commission and noted that the current Pecuniary ceiling have not been kept pace with inflation and the rising costs of property/goods which has resulted in substantial increase in the valuation of suits. This phenomenon has resulted in increased pendency in the court of Civil Judge 1st Class, and original civil jurisdiction of High Court of Sindh at Karachi. Therefore, the Commission recommended to enhance the pecuniary jurisdiction of Civil Judge 2nd Class and Civil Judge 3rd Class as will as Qazi courts established in the tribal area Balochistan.

 

Report No.37

 

Enhancement of Pecuniary Appellate Jurisdiction of District Courts.

 

           

The pecuniary appellate jurisdiction of District Court  is fixed under Section 18 of the W.P. Civil Court Ordinance 1962. From time to time the  pecuniary    appellate jurisdiction of District Court has been enhanced in the four provinces. But due to constant devaluation of rupee and high rate of inflation, the value of the property, goods etc. have been increased manifold which has caused pendency of appeals in the High Courts. The Commission noted this situation and recommended to enhance the Appellate Jurisdiction of the District Courts to reduce the burden of pendency in the High Courts. 

 

Report No.38

 

Enhancement of Pecuniary Original Jurisdiction of District Courts, Karachi.

 

The pecuniary original jurisdiction of District Courts all over the country is without limit under Section 7 of the W.P. Civil Courts Ordinance 1962 except the District Judge Karachi whose pecuniary civil original jurisdiction is rupees five lac. The High Court of Sindh has proposed enhancement of pecuniary original jurisdiction of District Judge, Karachi to rupees thirty lac in view of the huge pendency of the suits on the original civil jurisdiction of the Sindh High Court. The Commission noted that the frequent devaluation of rupees and high rate of inflation have increased the value of subject matters of the suits brought to the courts at Karachi, due to which the institution of original suits have relatively increased in the High Court, and recommended enhancement of the pecuniary jurisdiction of District Judge, Karachi to rupees 30 lacs by making necessary amendments in the Sindh Civil Court Ordinance 1962.

 

Report No.39

Enhancement of Punishments of Fine under the Pakistan Penal Code

 

The Commission considered the proposal of rationalizing and enhancing the quantum of maximum punishment of fines prescribed for various offences under the Pakistan Penal Code 1860 and stated that in view that these fines were fixed a long time ago and with the passage of time have lost deterrence effect by the devaluation of currency and inflation. It emphasized that laws need to be reviewed periodically to ensure that they remain relevant and effective in meeting challenges and realizing their objectives. The Commission approved the Secretariat proposal for rationalizing the amount of fines prescribed under various sections of the Pakistan Penal Code to restore the deterrent effect of the law, and in keeping with the nature, severity and prevalence of the various offences, recommended three-fold enhancement of fine in respect of 52 offences of the Pakistan Penal Code, alongwith a consequential amendment to the Second Schedule of the Code of Criminal Procedure.

 

Report No. 40

Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898

 

The Commission examined the proposal of amendment in Section 32 of the Cr. P.C. to enhance the jurisdiction of various classes of the Magistrates for imposing fine as provided in section 32 of the Code of Criminal Procedure, 1898 which was  fixed  long ago and lost its deterrence effect, therefore, the Commission approved a three-fold increase of the present fines to be imposed by Magistrates as follows:-

 

1.

Courts of Magistrates of the First Class.

 

The prescribed amount of fine “fifteen thousand rupees” be enhanced to “forty five thousand rupees”.

2.

Courts of Magistrates of the Second Class.

The prescribed amount of fine ”five thousand rupees” be enhanced to “ fifteen thousand rupees”.

3.

Courts of Magistrates of the Third Class.

The prescribed amount of fine “ one thousand rupees” be enhanced to “ three thousand rupees”.

 

The Commission further examined Section 260 of Cr. P.C which provides that a Magistrate of First Class, if specially empowered by the Provincial Government, may try in summary way, various offences including the offences of theft under Sections 379, 380 or 381, dishonest misappropriation of property under Section 403, receiving or retaining stolen property under Section 411 or assisting in the concealment or disposal of property under Section 414 of the Penal Code, where the value of such property does  not exceed two thousand and five hundred rupees. This value of the property concerning offences attracting trial by way of summary manner was fixed long time ago and in view of constant increase of cost of property this valuation turned meager ousting the cases of the property stolen or misappropriated earlier liable for summary trial from the summary Jurisdiction of the Magistrate. The Commission while considering proposal of the Secretariat found that the increase in value of the properties have been increased more than double since it was earlier fixed therefore, it approved an enhancement of the value of such property from two thousand and five hundred rupees to ten thousand rupees.

 

Section 261 of the Code provides that the Provincial Government may on the recommendation of the High Court confer on any Bench of Magistrates invested with the powers of Magistrate of the Second or Third Class, to try summarily all or any of the following offences:-

offences against the Penal Code, Sections 277, 278, 279,285, 286, 289, 290, 292, 293,294,323,334,336,341,352,426,447 and 504;

 

The above Section still refers to Sections 323, 334 and 336 of the Penal Code which have been repealed and substituted by Section 337A(i), 337H(2) and 337L(2) therefore the Commission recommended to omit these sections from Sections  261 by substituting the new Sections as referred above.

 

Report No.41

Trafficking in Children for use as Camel Jockeys and Engaging in Hazardous Employment

 

The Commission noted that the last few years have seen enormous increase in trafficking in children from Pakistan. The tender age children are being exported  to Gulf States for camel riding with or without permission of their parents. Organized groups and other unscrupulous persons for the sake of earning money are indulging in such nefarious activities. However, the offence of trafficking of children is not provided in the Pakistan Penal Code to punish such persons. The Commission therefore, recommended to add Section 373-A  in the Pakistan Penal Code to provide punishment for the crime of child trafficking and using them in hazardous occupations.

 

Report No.42

Addition of the Offence of Molestation to the Pakistan Penal Code 1860.

The Commission noted that a perusal of criminal statutes reveals that there is no specific law to deal with the abuse and  acts of molestation, therefore, it recommended   to add a new Section 354-B to the PPC providing punishment for molestation with sexual motive.

 

Report No.43

Right of Appeal Against Acquittal to Private Complainant under the Anti-terrorism Act 1997

 

In an ordinary criminal offence tried by a court of general criminal jurisdiction, a right of appeal besides the Government is provided to a private complainant against an order of acquittal passed by such court under Sub-section (2) of Section 417 of the Code of Criminal Procedure 1898. But no such appeal is provided under the Anti-terrorism Act 1997 to entitle any person who is a victim or legal heir of a victim and is aggrieved by the order of acquittal passed by an Anti-terrorism Court to file an appeal. The Commission recommended that such person may also be given a right of appeal against the order of acquittal passed by Anti-terrorism Court by amending the Anti-terrorism Act 1997.

 

Report No.44

Punishment of Bouncing of Cheques

The Commission considered the problem of cheques issued towards repayment of loan or fulfillment of obligation and observed that such dishonest and fraudulent practice hampers trade and commerce and vitiates the business environment, besides being a cause of tension between the parties and litigation in courts. The commission noted that such practice is already made an offence under the Financial Institutions (Recovery of Finances) Ordinance 2001 but it extends to cheques issued to financial institutions for repayment of loans only. The Commission recommended the addition of a new section to the Pakistan Penal Code 1860 as under:

“489-F Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonored on presentation, shall be punishable with imprisonment which may extend to three years and with fine, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honored and that the bank was at fault in not honoring the cheque”.

The Commission further resolved that through a consequential amendment in schedule II of the Code of Criminal Procedure 1898, the offence be made cognizable, non-bailable and compoundable.

 

Report No.45

Strengthening Capacity and Expanding the Functions of Pakistan Law Commission

The Access to Justice Programme envisages certain amendments to the Law Commission Ordinance to strengthen its capacity and assign it some additional functions including the management of Access to Justice Development Fund (AJDF). A sum of US $ 24 million has been allocated as a seed money for the AJDF, and only the interest accrued on the said amount, is to be expended on provision of amenities to the subordinate courts, training at Federal Judicial Academy, improvement of legal education, legal empowerment, legal/judicial research and legal aid/assistance. The Asian Development Bank document (RRP: PAK 32023) Report and Recommendation of the President to the Board of Directors on Proposed Loans and Technical Assistance Grant to the Islamic Republic of Pakistan for the Access to Justice Program (November 2001) speaks of expanding the role and mandate of the Law Commission in promoting access to justice. The Commission agreed to the proposed  amendments to the Law Commission Ordinance to strengthen its capacity and assign it some additional functions and revise its composition. 

 

Report No.46

Amendment in Section 345 and the Schedule of the Code of Criminal Procedure 1898 to make the offence of Rioting Compoundable

 

The Commission considered an amendment in the Code of Criminal Procedure to make the offence of rioting under section 148 of the PPC compoundable, when linked to and committed jointly with other compoundable offences e.g. murder/hurt, etc. It discussed the proposal and observed that when the consequential major offences like murder/hurt are made compoundable, a linked/joint offence therewith namely rioting, where the punishment is only upto 3 years, may also be made compoundable, otherwise, any compromise reached between the parties cannot be effected and the trial of such offence has to be concluded. The Commission therefore, resolved that the offence of rioting by an unlawful assembly should be made compoundable, only if jointly committed with other compoundable offences.

 

Report No. 47

Punishment for the offence of Gang Rape

The Commission considered an anomaly in law wherein for the offence of Zana-bil-Jabr (rape) by two or more persons, the punishment is prescribed in death and no alternate punishment is prescribed. The Commission noted that death sentence is awarded in cases where complete and foolproof evidence is produced, which is generally rare in rape cases, and as such the benefit of doubt goes to the accused, by acquitting him of the charge. Thus, there is a need to amend the law to prescribe alternate punishments. The Commission therefore approved an amendment to Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979.

“(4) When Zina Bil-Jabr liable to tazir is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for a term which may extend to twenty five years but shall not be less than ten years and shall also be liable to fine to the extent  of one hundred thousand rupees to be paid to the victim”.

 

Report No.48

Releasing the Female Accused on Bail

The Commission noted that a woman involved in a non-bailable offence when arrested by police and committed to prison pending trial of offence may easily fall prey to unscrupulous elements in the jail who misuse their position either to make money from her relatives or abuse her physically and sexually where she has no relatives to persue her case. The Commission discussed the  rising complaints of hardships being faced and abuse of women while in police custody or on judicial remand and decided that the Cr.P.C. be amended to allow women bail in non-bailable offences that carried a punishment of imprisonment for less than 10 years.

 

Report No.49

Examination of Sections 54 & 167 of the Code of Criminal Procedure 1898

Section 54(1) of the Code of Criminal Procedure 1898  authorizes a police officer to arrest a person without an order or warrant of a Magistrate under the situations mentioned in the aforesaid section. The police officer can exercise power under this section only in those cases where a police officer possessed of some cogent evidence indicating involvement of persons connected with commission of the offence. Once the accused is arrested for committing a cognizable offence, the police is required to complete the investigation within 24 hours of his arrest and police officer incharge of police station is required to report to the concerned magistrate about the arrest of person without warrant within territorial limits. It has come to notice of the Commission that police which making arrest under section 54 & 55 of the Cr.P.C. do not give information to the family members of the person arrested therefore they remain unaware about the where about of the détenu. With a view to exercise effective control over the performance of police officer while arresting a person and of the magistrates while granting judicial remand, the Commission approved the proposal that administrative instructions should be issued by the provincial governments to the police and the Chief Justices of the high Courts to the judicial officers to ensure that the liberty of citizen is protected and no person is detained or held in custody, in violation of the law.

 

Report No.50

Prohibition of Unauthorized Business of Sale/Purchase of National Prize Bonds

The Commission also considered the problem faced in business of prize bonds through unauthorized dealers by selling to the public “numbers” and thereby depriving  the national exchequer of revenue. The Commission noted that the sale/encashment of national prize bonds is regulated through statutory rules and orders of the Federal Government, and such bonds can be purchased/en-cashed only through the authorized Banks or National Saving Centers or Head Post Offices, and that no private person or dealer or agency can carry out such a business. The activities of such unauthorized dealers,  therefore, are unlawful and must be checked to save the public of fraud/cheating. The Commission, therefore, recommended to add a new Section 489-G to the Pakistan Penal Code to ban such business by prescribing the punishment of 7 years rigorous imprisonment and fine up to one lac rupees.

 

Report. No.51

Banning the Tradition of Vani (Giving Female as Consideration for Compromise)

The Commission considered the consideration of ‘Vani’ in compounding the offence of murder. The Chairman informed that the matter has already been examined by National Judicial Policy Making Committee. The Commission observed such practice is contrary to the injunctions of Islam and sections 310 and 338-E of the Pakistan Penal Code clearly and categorically prohibit the giving of female as ‘Badal-i-Sulh’ (consideration for compromise) and the law should be strictly enforced. The Chief Justice of the High Courts would therefore issue instructions to the trial courts and appellate courts to ensure compliance  with the law, by recording statements while compounding offences, to ensure that under no circumstance, a female is given as ‘Badl-i-Sulh’ (consideration for compromise). The Commission further emphasized on the need for effective enforcement of the Child Marriage Restraint Act 1929, which prohibits the marriage of minor and prescribes punishment for those who organize or solemnize or promote the solemnization  of such marriage.

 

Report No.52

Access to Justice Development Fund Rules 2002

The Law Commission Ordinance XIV of 1979 was amended by Ordinance No.LXX of 2002, thereby changing the name from Pakistan Law Commission to Law & Justice Commission of Pakistan. Further, the composition of the Commission was enlarged and its functions expanded. The Commission was also empowered to administer and manage the Access to Justice Development Fund, meant for strengthening the capacity of the subordinate courts, improving the training of judicial officers, promoting the quality of legal research/education and providing access to justice, legal aid and the protection of human rights. In order to administer and manage the Access to Justice and Development Fund, the Commission approved the Access to Justice and Development Fund Rules 2002.

 

Public Awareness Scheme

 

The Commission runs a Public Awareness Scheme whereunder 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. During the period, the Commission published write-ups in Urdu on various subjects and printed in the shape of book titled (………………) which can be obtained from sale centres of National Book Foundation at Islamabad and its regional offices.  More material will be published as and when it is prepared. List of topics already completed as well as pending is at Annex II. Discussion through electronic media on these issues/problems is also being organised.

 

LAW REFORM PROJECTS

Pending projects

 

The Commission has several law reform proposals pending before it for consideration. The Secretariat has completed working papers on 25 different laws/subjects for amendment of existing laws as well as enactment of new laws. Work on 90 projects concerning to reformation of various existing laws is in progress. The list of pending projects is at Annex III.

 

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 from any Ministry, Division, Department. 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 for removing the provisions of laws from the statute book/code having ceased their effect as being held contrary to the injunctions of Islam.  Issues on laws raised in the national press also come under consideration of the Commission.

 

Priority of projects

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 deem necessary.

 

IMPLEMENTATION OF RECOMMENDATIONS

 

Reports

 

The Commission has so far published 52 reports on review of various laws and referred them to the Federal/Provincial Governments for implementation at Annex I. The Law Commission Ordinance provides for publication of reports of the Commission and their submission to the President. Thus reports No.36 to 52 of the Commission were submitted to the President. All the reports are published in the form of book which can be purchased from sale points of the National Book Foundation.

 

Implementation

 

The Commission in its meeting dated 30-3-2002 examined the status of implementation of its recommendations and expressed its dissatisfaction on the slow process and approach of the Federal and Provincial Governments. The later amendment in the Law Commission Ordinance however, accelerated the process of implementation and during the report period, the following reports/recommendations of the Commission were implemented by amending/enacting laws or by passing appropriate directions.

By the Federal Government

 

S.No

Report No

Subject

Title of the Ordinance, No & date

 

1.

32

The Small Claims and Minor Offences Courts Ordinance, 2001

1.  The Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002).

2.

33

The Family Courts (Amendment) Ordinance 2001

2.   The Family Courts (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002).

 

3.

34

Conferring Powers under Section 491(1)(a)(b) of the Code of Criminal Procedure 1898 on the Court of Session.

3.  The Code of Criminal Procedure (Amendment) Ordinance, 2002 (VIII of 2002 dated 9.2.2002).

 

 

4.

35

Amicable Settlement of Disputes.

4.  The Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002 dated 21.7.2002).

5.

39

Enhancement of punishment of fine under the Pakistan Penal Code

5.                The Criminal Law Reforms Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002).

 

6.

40

Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898

6.  The Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002 dated 25.10.2002).

 

7.

41

Trafficking in Children for use as Camel Jockeys and engaging in hazardous employment

The Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002 dated 3.10.2002).

 

 

8.

44

Punishment on bouncing of cheques

The Criminal Law (Amendment) Ordinance 2002 (LXXXV of 2002 dated 25.10.2002).

 

By the Provincial Governments

 

9.

36

Enhancement of pecuniary original jurisdiction of civil courts

Peshawar High Court and High Court of Sindh

10.

37&38

Enhancement of pecuniary original/appellate jurisdiction of District Court at Karachi and other than Karachi in Sindh

Government of Sindh

 

The remaining reports are pending with the Federal Government/provincial governments for implementation.

 

 

WORKSHOPS/CONFERENCES

Workshop

 

A Workshop on effective enforcement of female shares in inheritance was organized in the Secretariat on 5th October 2002. Mr. Justice Muhammad Nawaz Abbasi, Judge, Supreme Court of Pakistan presided. The exercise was aimed at refining a draft of the Commission Secretariat to fully implement the law of inheritance, ensuring that women and children are not deprived of their right to inheritance. The participants included Mr Justice Shafi-ur-Rehman, former Judger, Supreme Court of Pakistan; Syed Afzal Haider, Member, Law & Justice Commission of Pakistan; Ch Hassan Nawaz, Director General, Federal Judicial Academy; Hafiz S.A. Rehman, Deputy Attorney General; Dr. Mohammad Aslam Khaki, Advocate; Ms Nahida Mehboob Ellahi, Advocate, Mr. Jamil-ur-Rehman, Director Revenue, Islamabad Capital Territory; representatives of Capital Development Authority, Islamabad and Revenue Office Rawalpindi. From the Commission, Dr Faqir Hussain, Secretary; Malik Mohammad Iqbal and Mr. Mehboob Pervez Awan, Joint Secretaries; Sh Habib-ur-Rehman and Mr. Mumtaz Ahmed, Deputy Secretaries; Dr. Muhammad Tahir & Ms. Fowzia Jalal Shah, Research Officers, participated in the Workshop.

 

Mr. Justice Muhammad Nawaz Abbasi,

Judge Supreme Court presiding  over the Workshop

 

 

INTERACTION WITH OTHER ORGANIZATIONS

 

Participants of 43rd Shariah (Islamic Law) Course of the Shariah Academy, International Islamic University, Islamabad visited the Secretariat of the Commission on September 30, 2002 and discussed various issues of common interest with the Secretary. These participants belong to the subordinate judiciary, prosecution branch and legal branch of police departments from all over the country.

 

The Secretary briefed the participants about the functions and working procedure of the Commission. The participants also pointed out some administrative difficulties faced by them in implementation of laws. A Deputy District Attorney expressed difficulty to start trial of two parties, one adult, and the other minor, involved in same offence under the same FIR under the Juvenile Justice Ordinance 2000. An Additional District & Sessions Judge expressed the view that trial of murder cannot commence in the absence of defence counsel which causes delay. Another Additional District & Sessions Judge pointed out that under Gambling Act, only Sub-Inspector Police can investigate the offence but in offences of murder, Hudood, corruption and forgery an Assistant Sub-Inspector is authorized to investigate and suggested to improve the provisions of investigation. The suggestions were noted for consideration for reform in the legal system.

 

 

Participants of Shariah Course being briefed by the Secretary

 

 

RELATIONS WITH OTHER LAW COMMISSIONS

 

The Commission maintained its contacts with overseas law reform agencies during the year. Through such interaction, ideas are exchanged on issues of common interest and information is shared. Copies of reports of the Commission are sent to Foreign Commissions. The Foreign Commissions also share their reports with the Law and Justice Commission of Pakistan Annex IV.

 

Dhaka Conference

A Conference on “Law Reform Agencies in the 21st Century, Looking for a Balance between Tradition and Innovation” was held by the Law Commission of the People Republic of Bangladesh at Dhaka  in June 13-14, 2002. Dr Faqir Hussain, Secretary Law & Justice Commission attended the Conference. The other participants of the Conference were the representatives of the Law Commissions of Canada, India, New Zealand and Bangladesh. The Secretary presented a paper in the Conference on “Law reform: Needs for Consultation”, explaining the mythology of research and process of formulation of law reform proposals. The Secretary further participated in several other consultation meetings during the Workshop. The Secretary also exchanged views and shared experience with the representatives of the other Commissions attending the Conference.

The Secretary addressing the Conference


ANNEX I

 

 List of Reports

 

1.         First Report on Fatal Accident Act 1855

2.         Second Report on Fatal Accident Act 1855

3.         Report on Establishment of Courts of Qazis Ordinance 1981

4.         Report on Law of Evidence

5.         Report on Rent Restriction Laws and Draft Ordinance

6.         Report - re: the Proposed Draft "Law of Evidence" Prepared by 

the Council of Islamic Ideology

7.         Report on Elimination of False Evidence from the Judicial 

System in the Country

8.         Report on Elimination of False Evidence

9.         Report on a Reference Received from the Federal Government on the Proposed Ordinance re: Law of Evidence

10.       Report on Qisas and Diyat

11.       Filling a Legal Vacuum

12.       Reformation of Family Laws

13.       Reformation and Modernization of Service Laws

14.       Report on Rent Restriction Laws

15.       Enhancing the Powers of Wafaqi Mohtasib (Ombudsman)

16.       Scheme for the Redressal of Public Complaints

17.       Amendment in the Code of Criminal Procedure

18.       Extension of Jurisdiction of Service Tribunals to Employees of Statutory  Corporations

19.       Eradication of 'QABZA GROUP' Activities

20.       Prevention of Unfair Means in Examination

21.       Improving the Performance of Pakistan Law Commission

22.       Report on Criminal Justice System

23.       Report on Jail Reform

24.       Reformation and Modernisation of Service Laws (Part-II)

25.       The Role of Pakistan Bar Council in the Promotion of Human Rights

26.       Administrative Procedures Act for the Federal Government of Pakistan

27.       Legislation Pertaining to Maternity Benefits

28.       Elimination of Child Labour

29.       Eliminating Double Jeopardy in Drugs-Related

30.       Reforming the Juvenile Justice System

31.       Amendment in Section 145 of the Cr. P. C.

32.       The Small Claims and Minor Offences Courts Ordinance 2001

33.       The Family Courts (Amendment) Ordinance 2001

34.       Conferring the Powers under Section 491 (1) (a) & (b) of the Code of Criminal Procedure 1898 on the Court of Session

35.       Amicable Settlement Disputes  

36.       Enhancement of Pecuniary Jurisdiction of Civil Courts

37.       Enhancement of Pecuniary Appellate Jurisdiction of District Courts

38.       Enhancement of Pecuniary Original Jurisdiction of District Courts at Karachi

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                      

 

 

ANNEX II

 

Public Awareness Scheme

 

 

ANNEX III

PENDING PROJECTS

 

Papers Completed by the Secretariat

 

1             Registration of Documents

2             Code of Conduct for Judges

3             Post-divorce Matta’a (           ) for Wife

4             Reforming the Law of Pre-emption

5             Application of Transfer of Property Act 1882 to Islamabad

                Capital Territory

6             Securing the Proprietary Rights of the Co-owners/Co-sharers

                Through Amendment in the Stamp   Act 1899

7             Amendment in the Canons of Professional Conduct and Etiquett, 

                Prescribed by the Legal  Practitioners and Bar Council Act 1973

8             Reforming the Muslim Family Law Ordinance 1961 and Rules 

Framed Thereunder

9             Rationalising the Amount of Court Fees Prescribed by the Court 

Fees Act 1870

10           Reform of Hudood Laws

11           Amendment in the Legal Practitioners and Bar Council Act 1973 for slashing down the number of Members to the Council.

12           Amendment in the Pakistan Penal Code 1860 to Provide

                Punishment for Absconding from Trial

13           Reforming the W. P. Requisitioning of Immovable Property         

                (Temporary Powers) Act 1956

14           Examination of Section 4 of Muslim Family Laws Ordinance 1961

15           Amendments in the Pakistan Citizenship Act 1951

16           Amendment in Dissolution of Muslim Marriage Act 1939

17           Prescribing a Uniform Procedure for Grant of Domicile Certificate/

                Provisional Resident Certificate

18           Amendment in Section 197 of the Code of Criminal Procedure 1898 and Section 6 (5) of the Criminal Law Amendment Act 1958.

19           Eradication of Qabza Group Activities.

20.          Distribution of Muslim Inheritance.

21.          Prohibiting Wasteful Expenses in Marriage and on Dowry

22.          Amendment in Federal Services Medical Attendance Rules1990.

23.          Amendment in Land Revenue Rules 1968.

24.          Rationalising Stamp Duty on instruments.

25.          Amendment in Section 195(1) of the Code of Criminal Procedure,

               1898.

 

Papers on Which Work is in Progress

  

1          Measures for Welfare of Senior Citizens

2          Amendment in Section 133 of the Income Tax Ordinance 1979

3          Amendment in Article 128 of the Qanun-e-Shahdat Order 1984

4          Tribunal for Tortious Liability of Government Servants

5          Amendment in the PPC to Make More Offences Compoundable

6.         Amendment in Section 351, Code of Criminal Procedure, 1898.

7          Amendments to Contempt of Court Act 1976

8          Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law

9          Legislation for Regulating Domestic Servants

10        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

11        Amendments in Hudood Laws

12        Reformation of Personal Law of the Christian Community Pertaining to Inheritance and Family Matters

13        W.P. Motor Vehicles Ordinance 1965

14        Modernisation of Transportation Laws

15        Reformation of Electoral Laws (Including issues such as Composition and Functions of Election Commission, Political Parties Act 1962, Representation of People Act 1976, Delimitation of Constituencies Act 1974, Electoral Rolls Act 1974, Proportional Representation System, Representation of Women in Elective Bodies)

16        Amendments in Laws/ Rules Relating to Forests

17        Amendment in Qanun-e-Shahadat Order 1984

18        Reformation of Labour Laws

19        Regulating the Brick-Kiln Labour

20        Amendments in Qisas and Diyat Law

21        Proposal for a New Taxation System

22        Unification/Codification of Hindu Personal Law Relating to Matrimonial Affairs and Inheritance

23        Reformation of Cantonment Act/Rules

24        Reviewing Discriminatory Legislation Pertaining to Women

25        Amendment in Juvenile Smoking Ordinance 1959

26        Amendments in Child Marriage Restraint Act 1929

27        Proposed Legislation for Regulating the Business of Motor Vehicle

            Dealers and Real Estate Agents

28        Law of Accountability

29        Law of Freedom of Information

30        Law on Regulating Shelter Home/Darul Aman

31        Measures to Reduce Road Accidents (Proposed Amendment in Motor Vehicle Ordinance 1965)

32        Amendments in the Arbitration Act 1940

33        Scheme for Provision of Free Legal Aid and Protection of Human

            Rights/Freedoms

34        Controlling the Abuse of Discretionary Powers

35        Amendments in Fatal Accidents Act 1855

36        Amendment in Canal and Drainage Act 1873

37        Amendment in Children (Pledging of Labour) Act 1933

38        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)

39        Amendment in Companies Ordinance 1984

40        Amendment in Zakat and Ushr Ordinance to Remove

            Anomalies/Contradiction Therefrom

41        To Check Unauthorised Telephone Taping/Eavesdropping as per

             Direction Contained in Judgment of the Supreme Court

42        Liability of Directors of the Company Towards its Creditors and

             Shareholders for Healthy Economic Growth

 

43        Reformation of Emigration Laws

44        Reforming the Limitation Act 1908

45        Forum of Appeal under Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 and Control of Narcotic Substances Act 1997

46        Proposal for Providing an Interest-free Finance to the Corporate Sector

47        Curbing Sexual Harassment at the Workplace

48                Law of Nazar-ul-Mazalim (Giving Special Powers to Existing

            Courts for Handling Tort Cases)

49        Reforming the NWFP Tenancy Act 1950

50        Reforming the Law and Procedure of Liquidation and Auctioning

51        Reforming the Code of Civil Procedure 1908

52        Measures to Check Incidents of Domestic Violence

53        Regulating Benami Transactions

54        Reforming the Code of Criminal Procedure 1898

55        Measures for Enforcement of Female Share in Inheritance

56        Registration of Land Titles

57        Maintenance (Kifalat) of Young and Elderly Indigent Relatives

58        The Utility Services (Redressal of Complaints) Bill

59        The Water Supply Service (Redressal of Complaints) Bill

60        The Consumer Protection Bill

61        Changing the Nomenclatures of Judicial Officers

62        Amendment in Section 96 of the Code of Civil Procedure 1908 to provide

for Appeal against Revisional Decree under Section 115 of the CPC

63        Amendment in Code of Criminal Procedure 1898 to Allow Defending Complaint Cases/Summons cases through Recognized  Attorneys

64        Administrative Courts/Tribunals for Tortuous Liability of the Government

65        Amendment in the Code of Criminal Procedure 1898 to Allow Early     

Hearing of Appeals against Death Penalty Awarded by Court of Sessions

66.       Amendment in Pre-emption Law for Awarding the Prevailing Market Price of Suit Property

67.       Proposed law on Scrutiny of land (allotment of evacuee property).

68.       Disposal of Claims/Suits Against Public Sector Corporations Through

 Arbitration

69.       Amendment in Section 408 of the Code of Criminal Procedure 1898 to

Allow Appeal against Sentence Awarded by Magistrate

70        Amendments in Muslim Family Law Ordinance 1961

71        Amendment in Zakat and Ushr Ordinance 1979

72        Prohibition on Compounding of Qisas in Qatt-i-Amd/Hurt by offering

Female in Marriage as Badal-i-Sulh

73        Grant of Remissions to the Undertrial Prisoners

74        Simplifying the Procedure of the Arbitration Council in Cases of Divorce/Dissolution of Marriage under the Muslim Family Laws Ordinance 1961

75.       Status of Oral Gifts under the Islamic law

76.       Determining the Age of Majority under Section 3 of the Majority Act 1875

77.       Protection of Infants Residing with Mothers in Detention.

78.       Exemption of Public Servants from Prosecution Except with Permission of

the Executive Authority

79.       Review of Pakistan Penal Code 1860 to Delete Obsolete  Provisions

 therefrom

80.       Review of Code of Criminal Procedure 1898 to Delete Obsolete

 Provisions

81.       Review of Land Acquisition Act 1894 to Fix Compensation in Accordance

with the Prevailing Market Value

82.       Amendment in the Food laws to Update its Provisions

83.       Review of the Pesticides Law to Modernize its Provisions

84.       Payment of Fine from Zakat for Release of Indigent Convicts Unable to

 Pay the Prescribed Fine

85.       Reformation of the Laws Relating to Foreigners

86.       Review of Land Revenue Act 1967

87.       Review of Order 21 of the Code of Civil Procedure 1908  to Remove

Anomalies Therefrom and Streamline the Procedure for Execution of

 Decrees

88.       Reform of Order 39 of the Code of Civil Procedure 1908 to Bring it in

            Conformity with Article 199 of the Constitution

89.       Review of various Sections of the Code of Criminal Procedure  1898

            with a view to Remove the Conflict of Jurisdiction between the Court of    

            Magistrate and Court of Session

 90.      Proposal for Efficiency in Court Administration

 

 

Annex IV

Addresses of other Law Commissions

 

 

AUSTRALIA

Australian Law Reform Commission

GPO Box 3708

Sydney NSW 1044

Ph:          (02) 9284 6333

Fax:         (02) 9284 6363

E-mail: info@alrc.gov.au

URL:       www.alrc.gov.au

 

 

GAMBIA

The Law Reform Commission

Of  the Gambia

PO Box 266

Banjul

THE GAMBIA

 

 

KENYA

Kenya Law Reform Commission

Box 34999

Nairobi

KENYA

Ph:   + 254 2 220 888/9

Fax:   + 254 2 336 499

 

 

BANGLADESH

Bangladesh Law Reform Commission

Old High Court Building Dhaka 1000

BANGLADESH

Ph:          + 880 2 9559004

Fax:         + 880 2 9560843

E-mail: lawcom@bdonline.com

 

 

GHANA

Ghana Law Reform Commission

PO Box M. 63

Accra

GHANA

Ph:    + 233 21 228898

E-mail:  Lawrefgh@ghana.com

 

LESOTHO

Law Reform Commission of Lesotho

PO Box 33

Maseru 100

LESOTHO

Ph:    + 266 313236

Fax:   + 266 311092

 

 

CANADA

Law Commission of Canada

473 Albert Street, 11th Floor

Ottawa Ontario KIA OH8

CANADA

Ph:          + 1613 946 8980

Fax:         + 1613 946 8988

E-mail: info@lcc.gc.ca

URL:       www.lcc.gc.ca

 

HONG KONG

Law Reform Commission of Hong Kong

20th Floor, Harcourt House

39 Gloucester Road

Wanchai

HONG KONG

Ph:     + 852 2528 0472

Fax:    + 852 2865 2902

E-mail:  reform@doj.gov.hk.

URL:  www.info.gov.hk/hkreform

 

 

MALAWI

Malawi Law Commission

Private Bag 373

Lilongwe 3

MALAWI

Ph:    + 265 782822

Fax:   + 265 782532

E-mail: lawcommission@malawi.net

 

 

ENGLAND & WALES

Law Commission

 Conquest House

37-38 John St

Theobalds Road

London WC1N 2BQ

UNITED KINGDOM

Ph:          + 44 171 453 1220

Fax:         + 44 171 453 1297

E-mail: secretary.lawcomm@gtnet.gov.uk

URL:www.gtnet.gov.uk/law

comm/homepage.htm

 

 

INDIA

Law Commission of India

7th Floor, A Wing

Shastri Bhawan

New Delhi 110001

INDIA

Ph:   +  91 11 338 3382

Fax:   + 91 11 338 8870

E-mail: law Nathan@hub.nic.in

URL:  www.nic.in/lawcom

 

 

 

 

MALAYSIA

Commissioner of Law Revision

Attorney-General’s Chambers

17th Floor, Bank Rakyat Building

Jalan Tangsi

50512 Kuala Lumpur

MALAYSIA

Ph:   +  60 3 292 3077

Fax:  + 60 3 293 2021

E-mail: peglib1@po.jaring.my

 

FIJI

Fiji Law Reform Commission

Box 2194, Government Buildings

Suva

FIJI

Ph:    + 679 303 900

Fax:   + 679 303 646

E-mail:  auluivit@govnet.gov.f

 

IRELAND

The Law Reform Commission

IPC House, 1st Floor

35-39 Shelbourne Road

Ballsbridge

Dublin 4

IRELAND

Ph:    + 353 1 637 7600

Fax:   + 353 1 637 7601

E-mail:   info@lawreform.ie

 

NAMIBIA

Law Reform and Development Commission

Ministry of Justice

Private Bag 13302

Windhoek

NAMIBIA

Ph:    +  264 61 239 280

Fax:   + 264 61 240 064

 

 

NEW ZEALAND

Law Commission PO Box 2590

Wellington

NEW ZEALAND

Ph:    + 64 4 473 3453

Fax:   + 64 4 471 0959

E-mail: com@lawcom.govt.nz

URL:  www.lawcom.govt.nz/

 

 

SOUTH AFRICA

South African Law Commission

 Private Bag X668

Pretoria 0001

REPUBLIC OF SOUTH AFRICA

Ph:   + 27 12 322 6440

Fax:  + 27 12 320 0936

E-mail: lawcom@salawcom.org.za

URL: www.law.wits.ac.za/salc/salc.html

 

California Law Revision Commission

4000 Middlefield Road, Room D-1

Palo Alto, CA 9403-4739

UNITED STATES OF AMERICA

Ph:          +1650 494 1335

Fax:         + 1650 494 1827

E-mail: commission@clrc.ca.gov

URL:       www.clrc.ca.gov/

 

 

NIGERIA

Nigeria Law Reform Commission

Federal Secretariat Complex 1

 

Po Box 60008 Ikoyi

Lagos

NIGERIA

 

 

SRI LANKA

Law Commission

C/56 Keppetipola Mawatha

 

Colombo 5

SRI LANKA

 

Connecticut Law Revision Commission

Room 509A, State Capitol

 

Hartford, CT 06106

UNITED STATES OF AMERICA

Ph:          +1 860 240 0220

Fax:         +1 860 240 0322

E-Mail:  Irc@po.state.ct.us

URL:       www.cga.state.ct.us/lrc/

 

PAPUA NEW GUINEA

Papu New Guinea Law Reform Commission

4-Mile Government Offices

PO Box 3439

Boroko

PAPUA NEW GUINEA

Ph:   +  675 25 8755

Fax:  + 675 25 1491

 

 

TANZANIA

Law Reform Commission of Tanzania

PO Box 3580

Dar-es-Salaam

TANZANIA

 

LAW REVISION COMMISSION OF THE COMMONWEALTH OF THE

NORTHERN MARIANA ISLANDS

PO Box 2179

Saipan, MP 96950

UNITED STATES OF AMERICA

Ph:          + 1 670 236 9820

Fax:         + 1 670 236 9897

E-Mail: cnmilaw@itecnmi.com

URL:       cnmilaw.org

 

 

SCOTLAND

Scot land Law Commission

140 Causewayside

Edinburgh EH9 1PR

SCOTLAND

Ph:   +  44 131 668 2131

Fax:  + 44 131 662 4900

E-mail: info@scotlawcom.gov.uk

URL:   www.scotlawcom.gov.uk

 

TRINIDAD AND TOBAGO

Law Commission

4th Floor, ABMA Building

55-57 St Vincent St

Port of Spain

TRINIDAD AND TOBAGO

WEST INDIES

Ph /Fax: + 1 809 623 1819

E-mail: lawrform@trinidad.net

 

MICHIGAN LAW REVISION COMMISSION

Detroit College of law at Michigan

State University

Law College Building

East Lansing Michigan 48824

UNITED STATES OF AMERICA

Ph:          + 1 517 432 6896

Fax:         + 1 517 432 6801

URL:www.dcl.edu/MLRC/reports.htm

 

 

SINGAPORE

Law Reform Committee

Singapore Academy of Law

3rd Level, City Hall Building

St Andrew’s Rd

SINGAPORE 178 957

Ph:   +  65 332 4388

Fax:  +  65 334 4940

 

 

UGANDA

Uganda Law Reform Commission

PO Box 12149

Kampala

UGANDA

 

 

NEW JERSEY LAW REVISION COMMISSION

Box 47106

Newark NJ 0710

UNITED STATES OF AMERICA

Ph:          + 1 973 648-4575

Fax:         + 1 973 648-3123

E-mail:  reviser@superlink.nct

URL: www.lawrev.state.nj.us/

 

SOLOMON ISLANDS

Law Reform  Commission

Ministry of Justice & Legal Affairs

PO Box , 404 Honiara

SOLOMON ISLANDS

Ph:   + 677 21181 (Ext 14) or

         + 677 25842

Fax:  + 677 25610

 

 

UNITED STATES

National Conference of

Commissioners on Uniform

State Laws

211 E. Ontario Street, Suite 1300

Chicago, Illinois 60611

UNITED STATES OF AMERICA

Ph           + 1312 915 0195

E-mail: nccusl@nccusl.org

URL: www.nccusl.org/

 

 

 

 

Officers & Staff of the Secretariat

Exchange No. 9220483 Fax 9214416

Email: ljcp@ljcp.gov.pk

 

Office                           Name                                       Office                           Residence

 

Secretary                      Dr Faqir Hussain                        9214109                        9205786

9220483 Ext. 101

9220581 Ext. 274

 

Private Secretary           Raja Khalid Mahmood                9214109                        5471341

                                                                                    9220483 Ext. 108

 

P. A to Secretary           Mr. Riaz Ahmed Khan                9220483 Ext. 112

 

Joint Secretary-I             Malik Mohammad Iqbal               9217454                        9262269

                                                                                    9220483 Ext. 103

 

P. A to Joint Secretary   Mr. M. Khattab                          9217454

 

Joint Secretary-II            Mr. Mehboob Pervez Awan         9214506                        9278029

                                                                                    9220483 Ext. 102

 

P. A. to Joint Secretary  Mr. Nisar Ahmed                        9214506

 

Deputy Secretary-I         Sh. Habib-ur-Rehman                 9214797                        9266346

                                                                                    9220483 Ext. 104

           

Deputy Secretary-II        Mr. Mumtaz Ahmed                   9214793                        9204378

                                                                                    9220483 Ext. 105

 

Research Officer- I         Dr. Muhammad Tahir                  9208752

                                                                                    9220483 Ext. 110

 

Research Officer-II          Ms. Fozia Jalal Shah                  9209412

                                                                                    9220486 Ext. 106

 

Computer Programmer   Mr. Muhtaj Khan                        9220486

9220483 Ext. 117

 

Librarian                        Syed Nasir Ali Shah                   9203584                        5510041

                                                                                    9220483 Ext. 116

Superintendent              Mr. Shahid Khalid                      9220483 Ext. 109

 

Superintendent –II          Mr. Ihsanullah                            9220483 Ext. 113           4446670

 

Accountant                    Mr. Tariq Masood Sindhu            9220370                        2826405

                                                                                    9220483 Ext. 111

 

Protocol Asstt.              Mr. Hamayun Khan                    9220483 Ext. 114           5955461