Pakistan Law Commission’s Annual Report 2001

We are pleased to publish the first Annual Report 2001 of the Pakistan Law Commission. The Report contains essential information about the Commission, its composition, functions and performance during the year.

Systematic and periodic review/reform of the law is essential to keep it in tune with changing times, emerging realities and requirements of the society. It is also necessary to introduce, from time to time, reforms in the administration of justice and implement measures for expeditious resolution of disputes and dispensation of justice to improve governance. The Pakistan Law Commission is mandated to achieve such objectives. It is required to play a key role to ensure that the law and its administration meet the needs of the community. In this respect, the Commission has so far approved and published some 35 reports (Appendix IV of the Report) containing law reform proposals. All such reports were forwarded to the Government for further necessary action/implementation. Copies of these reports may be obtained from the Commission’s Secretariat on nominal charges.

The Report also contains a list of published material (Appendix VI) on issues/problems of public concern/interest. The purpose is to disseminate information on legal matters and make the society law-conscious. Copies of the material may be obtained, free of cost, from the Secretariat. The public may also contact the Secretariat to obtain any further details or information on these or other legal/judicial issues.

The Report further provides a list of law reform proposals currently pending before the Commission. The Commission interacts with individuals, professional groups and research bodies on issues of legal/judicial reform. It welcomes views, comments or suggestions on pending matters or new proposals for legal/judicial reform. Comments/suggestions, if any, may be communicated to the Secretariat through phone, fax or email.

Dr Faqir Hussain

Secretary

10 October 2001

PAKISTAN LAW COMMISSION

ANNUAL REPORT 2001

GOVERNMENT OF PAKISTAN

PAKISTAN LAW COMMISSION

SUPREME COURT BUILDING

CONSTITUTION AVENUE

ISLAMABAD

The Annual Report 2001 is available on the Commission’s web. For further information about the Commission or its activities, please contact the Secretariat. The address is:

Pakistan Law Commission

Supreme Court Building

Constitution Avenue

Islamabad

Tel: 0092-51-9220483

Fax: 0092-51-9214416

E-mail: pklawcom@isb.paknet.com.pk

Website: www.paklawcom.gov.pk

CONTENTS

1.	Foreword
2.	Introduction
3.	The Commission
4.	Composition
5.	Organization Chart
6.	Appointment/Retirement of Members and Staff
7.	Working Procedure (i) Receipt of References (ii) Process of Legislative Reform Proposals (iii) Eliciting Public Opinion
8.	Meetings of the Commission
9.	Draft Statutes Approved (i) The Small Claims and Minor Offences Courts Ordinance 2001 (ii) The Family Courts (Amendment) Ordinance 2001 (iii) The Code of Criminal Procedure (Amendment) Ordinance 2001 (iv) The Code of Civil Procedure (Amendment) Ordinance 2001
10.	Suo moto Action by the Supreme Court on Report of the Commission on Criminal Justice System
11.	Public Awareness Scheme
12.	Training of Staff
13.	Computerization
14.	External Relations
15.	Contacts with other Law Commissions
16.	Former Law Commissions (i) In British Period (ii) Since Independence
17.	Pending Projects
18.	Appendixes (i) Former Chairmen and Secretaries (ii) Former Members (iii) Officers and Staff of the Secretariat (iv) List of Reports Published (v) List of Persons Contributing Comments (vi) Public Awareness Scheme (vii) Addresses of Other Law Commissions

Foreword

Developed societies are built on the foundation of good governance. It is so because good governance furnishes impetus for investment, trade and commerce, so very essential for economic growth and progress. Good governance implies besides other factors, the preservation of rule of law, adherence to due process procedure and expeditious, fair and impartial dispensation of justice under an effective legal system.

It is the endeavour of every government to ensure access to justice to all segments of the population, in particular, the deprived and under-privileged classes and people living in remote areas. This is a laudable objective and important goal, having far reaching consequences. When realised, it will certainly contribute to national cohesion, consolidation and creating congenial atmosphere for growth and advancement. Such goal in order to be realised, require, inter alia, the presence of a modern legal system and competent judicial administration, having the confidence of the people, so that people may come forward to avail the system for securing justice, resolving disputes and getting redress of their grievances.

The Pakistan Law Commission is a permanent statutory institution, mandated inter alia, to study and keep under review the legal and judicial systems of the country, with a view to making to the Federal Government and provincial governments, appropriate recommendations for reform, modernisation and improvement thereof. This body, while formulating its recommendations, considers relevant societal factors such as the prevalent socio-economic and political conditions and constitutional norms and principles are adhered to.

The judicial system of Pakistan is currently faced with the problem of huge backlog and consequential delays in resolution of conflicts and disputes. There are reasons for this state of affairs including increasing litigation in society, shortage of judges, inadequate infrastructure facilities and defects in laws/procedure. It was with a view to streamlining the procedural law that the Commission recently approved 4 draft statutes. These drafts were published for eliciting public opinion. Having received feedback from the general public and, after thorough deliberations/consultations with the relevant government departments, serving/retired judges of superior/subordinate courts, bar councils/associations, law teachers and concerned citizens, the drafts were revised and finally approved on 17 March 2001. The drafts have since been forwarded to the Government for processing and implementation.

The above mentioned draft statutes include:

1- The Small Claims & Minor Offences Courts Ordinance 2001, which provides for the establishment of such courts at the tehsil level with a view to making justice easily and cheaply accessible to the masses. These courts will resort to bringing about a mutually acceptable solution of the disputes through conciliation and mediation, and in case any such compromise is arrived at, the same shall be enforced as a decree of the court. In the event of failure of a compromise however, the court, through specified summary procedure, shall seek to settle the dispute within a period of sixty days. A simplified procedure for execution of decree has also been prescribed. It is expected that with the establishment of these courts, bulk of the petty disputes will be resolved quickly and at the lowest cost to the parties. This will reduce burden on other courts and delays in disposal of cases shall be minimised.

2- The Family Courts (Amendment) Ordinance 2001, also aims at establishing such courts at the community level with emphasis on conciliatory proceedings for settling disputes between spouses. In the event of disagreement however, the Court shall resolve all disputes pertaining to divorce, dower, dowry, maintenance and custody of children, etc in specified period of four months. The family courts are further being empowered to grant interim maintenance to wife and/or children during the pendency of trial proceedings.

3- The Code of Criminal Procedure (Amendment) Ordinance 2001, empowers the Session Judge/Additional Session Judge to entertain petitions of the nature of habeas corpus and provide expeditious relief to the aggrieved party. This is indeed an effort to put an end to the abuse of power and arbitrary exercise of authority by the influential and public functionaries by enabling the people, residing in far-flung areas to truly enjoy the benefits of the fundamental right to personal liberty and the right not to be arrested or detained without breach of law.

4- The Code of Civil Procedure (Amendment) Ordinance 2001, provides for amicable settlement of disputes through conciliation and mediation. Courts are further obligated to thoroughly scrutinise the pleadings of the parties with a view to reject, in limine, false, fictitious and frivolous claims and to persuade the parties to reach a mutually agreed resolution of their disputes.

With the approval of the above-mentioned 4 draft statutes, the Pakistan Law Commission has completed some 35 reports on diverse issues and problems of national importance.

While formulating recommendations, the Commission examines the objective factors and makes a comparative analysis of laws in other countries with a view to making effective and practical recommendations for reform. In the process, the relevant stakeholders including the government departments, professional groups such as bar councils/associations and general public are consulted. Unfortunately, the services of the Commission have not been fully utilised in as much as few references are received from the Government for reformation of laws. Furthermore, the recommendations of the Commission do not receive the urgency and importance that they deserve. The purpose for establishment of the Commission was to making this body an effective, meaningful and useful institution for reformation of laws and development of administration of justice. We cannot ignore the importance of timely reform and modernization of the legal and judicial systems to meet the growing demands of our developing society. Progress and development is possible only when there is good governance in the society and good governance is not possible in the absence of a modern and effective system of laws and their full and effective enforcement. There is, therefore, all the more a greater need to use the services of the Commission and to give due importance and urgency to its recommendations. The Government must, therefore, give serious thought and consideration to all the recommendations of the Commission and, in particular, the 4 draft statutes approved this year.

(IRSHAD HASAN KHAN)

Chairman

Introduction

The Pakistan Law Commission is a permanent Federal Government institution, established under the Law Commission Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and comprise eleven other members including the Chief Justices of Federal Shariat Court, provincial High Courts, Secretary, Ministry of Law, Justice & Human Rights and four other prominent members.

Functions

The Commission has been assigned wide functions including the reform/modernization of laws, both federal and provincial as well as substantive and procedural, reform in the administration of justice, improving the system of legal education, adopting simple and effective procedure to ensure inexpensive and speedy justice, simplifying laws for easy comprehension and devising steps to make the society law-conscious. Furthermore, the Federal Government or a Provincial Government may refer to the Commission any matter relevant to its function for opinion and advice.

Secretariat

The Commission has a Secretariat, headed by a Secretary and comprising other officers and staff. It is situated on the 2^nd Floor of Administration Block of the Supreme Court Building, Islamabad.

Library & Computerisation

The Commission has its own library with a collection of 3670 reference books and law reports. The staff also has access to the Supreme Court library, National Library and library of the Ministry of Law, Justice, Human Rights & Parliamentary Affairs. A computer network has been installed in the Secretariat and all research work and most administrative work is done through computers. Access to Internet is available. The Commission operates its own website www.paklawcom.gov.pk. The website displays all essential information about the Commission e.g. its composition, functions, reports already approved and pending projects, etc.

Performance

The Commission has so far approved and published 35 reports on different issues/subjects and submitted the same to the Government for consideration and implementation. A detailed list of such reports is given in Appendix (iv). The Secretariat also operates a Legal Awareness Scheme, wherein existing laws/procedures are translated into Urdu and write-ups are prepared on legal issues/problems of public interest and published through the news media. Citizens are encouraged to obtain further clarification and/or advice on legal issues from the Secretariat on telephone, fax, e-mail or by personal visits. A list of such published material is at Appendix (vi). Similarly, several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion. A list of such pending projects is available in the Report. The Commission welcomes interaction with research institutions, professional bodies and citizens on issues of legal and judicial reform. Views, comments and suggestions for reform of law, administration of justice and improving the quality of legal education may be forwarded to the Secretariat.

This is the first Annual Report published by the Commission, detailing its performance/activities during the year and giving other essential information. Hopefully, this shall become a regular feature and we shall be able to bring out future issues.

(DR FAQIR HUSSAIN)

Secretary

The Commission

The Pakistan Law Commission was established under a statute in 1979. It may be mentioned that the Hamoodur Rehman’s Law Reform Commission 1967 had recommended to the Government to create a permanent law reform body for regular and systematic reform of the legal system in the country. The Commission stated that no society in the world could remain static, thus it is necessary, that the legal system should keep pace with the changing times and emerging realities. It further observed that the setting up of a permanent body would be a valuable assistance to the Government by ensuring that out-dated laws were deleted and new provisions introduced. The Commission thus suggested a permanent statutory body for law reform. Accordingly, the Government constituted under an Ordinance (XIV of 1979), the Pakistan Law Commission in 1979.

The Commission is vested with powers under the Pakistan Commission of Inquiry Act 1956. All executive authorities in Pakistan are bound to assist the Commission in discharge of its functions. The Commission has a permanent Secretariat headed by a Secretary. (Names of former Chairmen, Members and Secretaries of the Commission are at Appendixes (i and ii).

Functions

The functions of the Commission, listed in Section 6 of the Law Commission Ordinance, are as follows:

Section 6. Function of the Commission.-

(1) The Commission shall study and keep under review on a continuing systematic basis the statutes and other laws with a view to making recommendations to the Federal Government and the Provincial Governments for the improvement, modernization and reform thereof and, in particular, for. –

(i) making or bringing the laws into accord with the changing needs of the society consistent with the ideology of Pakistan and the concept of Islamic social justice;

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

(iii) arranging the codification and unification of laws in order to eliminate multiplicity of laws on the same subject;

(iv) removing anomalies in the laws;

(v) repealing obsolete or unnecessary provisions in the laws;

(vi) simplifying laws for easy comprehension and devising steps to make the society law conscious;

(vii) introduction of reforms in the administration of justice; and

(viii) removing inconsistencies between the laws within the legislative competence of Parliament and those within the legislative competence of a Provincial Assembly.

(2) The Commission shall study the present system of legal education and make recommendations to the Federal Government for improving the standard of legal education.

(3) The Federal Government or a Provincial Government may refer to the Commission any matter relevant to its functions for opinion and advice.

Composition

The Commission consists of the Chief Justice of Pakistan, being the ex-officio Chairman, ten members, appointed by the Federal Government on the recommendation of the Chairman and the Secretary to the Government of Pakistan in the Ministry of Law and Justice, ex-officio member.

Chairman

MR.JUSTICE IRSHAD HASAN KHAN

Chief Justice of Pakistan

Law graduate from University Law College, Lahore. Enrolled as Pleader in 1959, Advocate, High Court West Pakistan in 1961, Supreme Court of Pakistan in 1966, signed the Rolls of Senior Advocate, Supreme Court in 1979. Visiting Professor at the Himayat-e-Islam Law College from 1975 to 1979. Served as Deputy Attorney General for Pakistan from 1979 to 1981.

* After gaining distinction in the legal profession and as Deputy Attorney General for Pakistan, was elevated as Judge, Lahore High Court in 1981;

* Served as Secretary, Ministry of Law, Justice and Parliamentary Affairs from 1984 to 1988;

* Appointed as Ad hoc Judge, Supreme Court in October 1994;

* Served as Acting Chief Justice, Lahore High Court, from June 1995 to April 1996;

* Appointed permanent Judge, Supreme Court in April 1996 and Chief Justice of Pakistan on 26 January 2000;

* Ex-officio Chairman, Supreme Judicial Council, Chief Justices’ Committee, Pakistan Law Commission, Federal Judicial Academy [an institution for training of judicial officers/ court staff], Al-Mizan Foundation [body for the welfare of the retired Judges of the superior courts, retired/serving judges of subordinate courts and court staff] and Judicial Policy Body [responsible for strengthening of institutional capacity for judicial and legal reforms].

* Patron, Commonwealth Judicial Education Institute, Halifax, Nova Scotia, Canada;

* Is on the Panel of Arbitrators, International Centre for Settlement of Investment Disputes, Washington D.C., U.S.A.;

* Was Member of the Committee appointed by the Supreme Court of Pakistan on Independence of Judiciary and Separation of the Judiciary from the Executive;

* Was Member, Sharia’h Academy, International Islamic University, Islamabad, Member, Syndicate, Bahauddin Zakariya University, Multan and Syndicate, University of Engineering and Technology, Lahore; Member, Board of Governors, International Islamic University, Islamabad;

* Participated in the Conference of the Attorneys General for Asia and Pacific to commemorate 100 years of the Office of Attorney General at Colombo (Sri Lanka);

* Participated in the Seminar on Role of Government in the Industrial Relations at Sydney (Australia);

* Participated in Seminars/Conferences/Workshops at UK, Canada, USA under the Strengthening of Institutional Capacity for Judicial and Legal Reform Project and had discussions with Chief Justices and Judges of Superior Courts, Court Administration and directing staff of judicial training institutes.

* Participated in the Conference on Court Delay Reduction at Denver, Colorado, U.S.A.;

* Participated in the Seminar on International Commercial Arbitration at Cairo, Egypt;

* Participated in the Islamic Conference in Malaysia; Led Delegation of Judges of Federal Shariat Court to Saudi Arabia to exchange views on matters relating to administration of justice;

* Inaugurated and delivered keynote address in the International Conference of Asian Ombudsmen held at Islamabad (Pakistan).

* Participated in the World Bank Conference on Legal and Judicial Reforms at Washington D.C., U.S.A and presented paper on the Judicial System of Pakistan: Measures for Maintaining Independence and Enforcing Accountability;

* Participated in the 8^th SAARC LAW & Chief Justices’ conferences at Kathmandu, Nepal and addressed the joint session of the Chief Justices and Lawyers;

* Led high level judicial delegation to People’s Republic of China, signed MOU for judicial cooperation and delivered talk on judicial system, administration and training in Pakistan at the National Judges College, Beijing.

* Delivered keynote address at the Second Session of the International Islamic Conference held at Lahore (Pakistan). Theme of the conference was “Challenges for the Ummah in the New Millennium” in which prominent scholars, eminent laureate and leaders of public opinion from Muslim countries as well as from America, Canada and England were invited to address all political and technological aspects of the issues and problems faced by the Ummah;

* Presided over conference of the representatives of the Pakistan Bar Council, Provincial Bar Councils and major Bar Associations of the country to maintain a close liaison with the Bar for evolving a strategy for clearance of backlog and expeditious dispensation of justice at all levels of judicial hierarchy;

* Launched several initiatives designed to refurbish the judiciary’s image and increase public confidence in the system of justice;

* Chairman, Judicial Policy Body for Strengthening of Institutional Capacity for Judicial and Legal Reforms Project;

* Has widely traveled, visited legal/judicial institutions of various countries;

* Participated in various symposia, workshops, conferences, and seminars; and

* Served as Acting President of the Islamic Republic of Pakistan from 14 July 2001 to 16 July 2001.

Members

MR JUSTICE QAZI MOHAMMAD FAROOQ Judge, Supreme Court of Pakistan

Law graduate from University Law College, Lahore in 1960; enrolled as Advocate in 1961; elected Secretary, District Bar Association, Abbottabad in 1962. Qualified Provincial Civil Service (Judicial) Examination in 1967 and served as Civil Judge, Senior Civil Judge, and Additional District and Sessions Judge; promoted as District and Sessions Judge in 1977. Attended the 1^st 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 FAZAL ILAHI KHAN, Chief Justice, Federal Shariat Court

Law graduate 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, Peshawar 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 NWFP, Peshawar 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. Member of the delegation visited Egypt from 18 April to 29 April 1992. Remained Acting Governor, NWFP from 10 March to 16 March 1993. 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. Presently Chief Justice of the Federal Shariat Court of Pakistan from 12 January 2000.

MR JUSTICE SAIYED SAEED ASHHAD Chief Justice, High Court of Sindh

Practised at the Bar from 1964 to January, 1975; appointed Additional District & Sessions Judge, Khairpur from 28 January 1975 to 19 April 1976; Presiding Officer Labour Court, Karachi from 20 April 1976 to 18 November 1976; Additional District & Sessions Judge, Karachi from 18 November 1976 to 9 April 1979; Draftsman, Law Department, Government of Sindh, Karachi from 10 April 1979 to 31 May 1982; District & Sessions Judge, Shikarpur from 1 June 1982 to 10 September 1983; Presiding Officer, Labour Court, Karachi from 2 September 1983 to 11 June 1987; Special Judge (Custom & Taxation) Anti-Smuggling, Karachi from 1 June 1987 to 30 November 1988; (During this period also worked as Chairman, Insurance Appellate Tribunal and Chairman Drug Court); Judicial Member, Income Tax Appellate Tribunal from 1 December 1988 to 31 July 1991; District & Sessions Judge, Sukkur

from, 8 September 1991 to 27 August 1992; Special Judge (Custom, Taxation and Anti-Smuggling) Government of Pakistan, Karachi on deputation from 29 August 1992 to 10 August 1994; District & Sessions Judge, Karachi Central from 20 September 1994 to 10 January 1997; Elevated as Judge of High Court on 11 January 1997; as Chief Justice, High Court of Sindh on 28 April 2000.

MR JUSTICE SARDAR MUHAMMAD RAZA KHAN Chief Justice, Peshawar High Court

Graduated from the Punjab University Law College in 1967; appointed as Civil Judge on 30 June 1970; appointed as Senior Civil Judge in December 1973; promoted as Additional District and Sessions Judge in May 1976 and in July 1979 as District and Sessions Judge. Remained posted as District and Sessions Judge at D.I.Khan, Mansehra, Abbottabad and Peshawar; remained as Judicial Commissioner for Northern Areas at Gilgit from 1984 to 1988. Special Judge, Customs, Taxation and Anti-smuggling; elevated on the 14 December 1993 as Additional Judge of Peshawar High Court; elevated as Chief Justice Peshawar High Court on 28 April 2000.

MR JUSTICE RAJA FAYYAZ AHMAD Chief Justice, High Court of Balochistan

Graduated from University Law College Lahore; enrolled as an Advocate in the year 1968; remained honorary lecturer from 1986 to 1989 in the University Law College Quetta and also for the session 1995. Appointed as Legal Advisor to the Quetta Municipal Corporation from June, 1980 to April, 1985 and for the second term from July, 1987 to February, 1990. Twice elected as Joint Secretary and General Secretary of the Balochistan Bar Association and elected as un-opposed President of the Balochistan Bar Association in the year 1992-1993. Elevated as Judge High Court of Baluchistan in January, 1997 and appointed as Chief Justice of the High Court of Balochistan on 25 April 2000 and took oath of the Office of the Chief Justice on 28 April 2000.

MR JUSTICE FALAK SHER Chief Justice, Lahore High Court

Graduated in Law from University Law College, Lahore, in the year 1966; Barrister-at-Law from Gray’s Inn, and was called to English Bar in the year 1972; joined legal profession in the year 1966 and admitted to the rolls of Advocates of the Lahore High Court in 1969; admitted to the rolls of Advocates for the Supreme Court of Pakistan in the year 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 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 from 11^th March, 1987. Appointed Chief Justice, Lahore High Court on 14.7.2000.

MR JUSTICE FAQIR MOHAMMAD KHOKHAR Secretary, Law & Justice Division

Graduated in Law from University Law College, Lahore; Practised Law as Advocate of the Lahore High Court and Supreme Court of Pakistan for 21 years; Appointed as standing Counsel for Pakistan from 23^rd April 1989 to 23^rd July 1990; Appointed as Deputy Attorney General for Pakistan (Senior) from 24^th July 1990 to 9^th December 1996; Was Legal Adviser, State Cement Corporation of Pakistan, Legal Adviser, Pakistan Agricultural Supplies and Stores Corporation of Pakistan (PASSCO); Lecturer in Constitutional and Administrative Law; Elevated as Judge of the Lahore High Court on 10^th December, 1996; Appointed as Secretary, Ministry of Law, Justice & Human Rights, Government of Pakistan, Islamabad on 11^th January, 2000; Visited People’s Republic of China in May 1990 for a study tour; Visited U.K., Canada, USA, Singapore ;and Manila (Philippines) for a study tour.

SYED SHARIFUDDIN PIRZADA Senior Advisor to the Chief Executive on Foreign Affairs, Law, Justice & Human Rights.

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; Member of various National and International Commissions and Associations also 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 of 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 of 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; Honorary Senior Advisor to the Chief Executive of Pakistan; 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 on Foreign Affairs, Law, Justice and Human Rights 2000.

SYED AFZAL HAIDER Senior Advocate, Supreme Court of Pakistan

Graduated in Law in 1955 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 since 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 National and International Conferences at New York, Tokyo, Tehran, Delhi; author of seven books; wrote over two hundred articles on constitutional, legal, political and religious issues in the national dailies; Presented lectures on Pakistan TV/seminars; a human rights activists; Vice President of the Pakistan Prisoners Release and Relief Committee 1983-1989.

MUHAMMAD ASLAM CHISHTI Senior Advocate, Supreme Court of Pakistan

Bachelor of Law from University Law College, Lahore (Old Campus) 1964. Joined service as Police Prosecutor in Quetta-Kalat Range of West Pakistan and served as such until mid of 1971, resigned from service and joined local Bar at Quetta in 1971. Enrolled as Advocate of Sindh/Balochistan High Court in 1972. Enrolled as Advocate Supreme Court in 1978 and Senior Advocate Supreme Court in 1985.

ABDUL QADIR HALEPOTA Advocate, High Court

Graduate in Law from Sindh University; Joined legal profession (1953); Advocate, Sindh Chief Court (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 Sindh High Court (26 February 1977); Member Federal Judicial Academy, Islamabad. Presently member Board of Governors for Law Colleges in Karachi and Faculty member Hamdard University School of Law.

Pakistan Law Commission: Organization Chart

Commission

(Chairman & Members)

Acronyms used:

Acctt: Accounts. Res: Research.

Admin: Administration. Supdt: Superintendent.

Bud: Budget. Trans: Transport.

Gen: General.

Ref: Reference.

Appointment/Retirement

Commission

Mr. Justice Irshad Hasan Khan was appointed the Chief Justice of Pakistan/Chairman, Pakistan Law Commission on 26 January 2000. The three years term of Members of the Commission expired on 12 January 2001 and the Federal Government, on recommendation of the Chairman, appointed its Members for another term of three years. The Commission expresses its gratitude to and appreciation of the hard work done by the former Chairman and Members of the Commission.

Secretariat

The Commission made appointments to the vacant posts of a Joint Secretary, a Deputy Secretary, two Research Officers, a Computer Programmer and a Computer Operator. Appointments to other vacant posts of a Joint Secretary, Superintendent, Assistant Incharge, Assistant (Selection Grade), Assistant, Upper Division Clerk, and a Daftry were made through departmental promotion from amongst the eligible officers/staff. A Joint Secretary of the Commission retired on 31 December 2001 on attaining superannuation. To avail his service and experience in the field of research, the Commission re-employed him on contract for a period of two years. A Deputy Secretary, a Private Secretary, a Superintendent, a Stenographer (Selection Grade), a Personal Assistant and a Stenographer of the Secretariat who had reached the maximum of their pay scales, were given move over to the next pay scales. The Stenographer (Selection Grade)/Personal Assistant to Secretary proceeded on leave preparatory to retirement.

The Secretariat is faced with the problem of shortage of research officers and has been striving to get additional posts sanctioned for the purpose. The Management Services Division recommended some six years ago, the creation of one additional post of Section Officer (BPS17/18) and two posts of Assistant Research Officers (BPS-17) in the Secretariat. The Secretariat also requires the services of a qualified Draftsman, thus, last year, a reference was sent to the Federal Government for sanction of one post of Draftsman (BPS-19) also. Due to the filling of vacant posts of officers and requisite additional officers, there would be a need of ministerial staff. The existing officers and staff posted in the Commission are at Appendix (iii).

Obituary

The Pakistan Law Commission wishes to place on record its appreciation of the dedicated services rendered by Mr. Rozy Ali, Daftry and Mr. Ghazanfar Ali, Naib Qasid, employees of the Commission. Mr Rozi Ali, Daftry, died in a road accident on 12 July 2000 while returning home after office hours while Mr. Ghazanfar Ali, Naib Qasid, had earlier died after a long sickness.

Working Procedure

Receipt of References

The Commission initiates the study of projects for legal/judicial reform in the prescribed manner. Part-III-A of the Pakistan Law Commission (Procedure) Rules 1980 prescribes the following methods of receiving reference:-

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

(2) Such reference shall be forwarded, in the case of Federal Government, through the Secretary, Law and Justice Division and in the case of Provincial Government, through the Secretary, Law Department.

(3) The reference shall state the terms and time frame for the preparation of preliminary and/or final report by the Commission.

(4) The Commission may also initiate the examination of a matter on its own motion.

Process of Legislative Reform Proposals

The Secretary of the Commission initially assigns to an officer, the task of preparing a preliminary working paper on the legislative reform proposal. The concerned officer, besides library research, may also carry out discussions/consultations with the relevant professional groups or individuals for preparing the paper. Such working paper is discussed/scrutinised in the internal meetings held among officers of the Secretariat. In the light of such deliberations and feedback/advice, the officer revises the paper which is again discussed in the meeting among Secretariat officers; and after approval, is forwarded to the Commission for consideration.

The Commission then examines the working paper and may give further advice/instruction to the Secretary to further improve the paper. The Secretariat improves the paper in the light of Commission’s observations/advice. In appropriate cases, the paper is forwarded to and shared with the relevant Government agency/division/department/corporation for inviting their comments on the subject. Thereafter, it is discussed again in a meeting of the officers of the Secretariat, and after approval, is forwarded to the Commission for consideration.

The Chairman or the Commission may approve the publication of a legislative reform proposal for eliciting public opinion/comments on the subject. The Chairman may also obtain the advice of any person, possessing special knowledge of the law under examination. He may further require any person, possessing special knowledge of the matter under consideration of the Commission, to appear before it as an expert witness. In appropriate cases, the Chairman or Commission may refer the matter for detailed consideration to a committee, comprising the members of the Commission and other co-opted members, for thorough scrutiny and expert advice. In the light of such discussions/deliberations, a detailed report including draft legislation, is prepared by the Secretariat for the consideration of the Commission. On approval of the report by the Commission, the same is forwarded to the Government for processing/implementation. The report is also published for general information to the public. Henceforth, the Commission has approved and published 35 reports (see Appendix (iv)). These reports are hosted on the Commission’s website. Copies of the reports alongwith draft legislations/amendments are available at the Secretariat of the Commission on nominal charges.

Eliciting Public Opinion

The Pakistan Law Commission Procedure Rules provide for the publication of working paper in appropriate cases to elicit public opinion on any pending project relating to law reform. In the year 2000-2001, the Commission released summaries of working papers on the draft Small Claims and Minor Offences Ordinance, Family Courts (Amendment) Ordinance and Code of Criminal Procedure (Amendment) Ordinance through the national press, Radio and Television and also displayed them on its website. Copies of the working papers were forwarded to selected persons, individuals and organizations including bar councils/associations and concerned government departments for opinion and suggestions for improvement.

The Commission expresses its gratitude to the national press, Pakistan Television and the Radio Pakistan for highlighting the salient features of its working papers as well as to all those individuals, associations and government departments who contributed their valuable views/suggestions in writing or by personally visiting the Commission’s Secretariat. Lists of persons/agencies who contributed their views to the Commission’s drafts are at Appendix (v).

In order to promote fuller exchange of views, the Commission proposes to hold conferences/workshops to which persons possessing special knowledge of law under consideration would be invited.

Meetings of the Commission

Under the Pakistan Law Commission (Procedure) Rules 1980, the Commission is required to meet at least once in four months. At least 10 days’ notice of the meeting is required to be given to members. The meetings are presided over by the Chairman and six members constitute the quorum for a meeting. The minutes of the meeting are prepared by the Secretary and after approval by the Chairman, are circulated among the members of the Commission. The Commission has the power to regulate its own procedure including fixing the places and timing of the meetings. The Chairman may allow a person to sit as an observer in a meeting of the Commission and to participate in the discussions, but such person is not entitled to vote. The Commission held its meetings on the following dates:

11 March 2000

The Commission held a meeting on 11 March 2000 at Lahore to consider:

(i) Strategy for clearing backlog and expeditious disposal of cases as contained in the observations of the Supreme Court in the case of Liaquat Hussain v. Federation of Pakistan (PLD 1999 SC 504); and

(ii) Ways and means of implementing the previous recommendations of the Pakistan Law Commission.

In the meeting, after thorough deliberation, the Commission, inter alia, resolved:

1- The Government should consider and implement the recommendations of the Pakistan Law Commission particularly contained in the Reports on Criminal Justice System and on Juvenile Justice System and the observations of the Chief Justice of Pakistan in the case, Liaquat Hussain v Federation of Pakistan (PLD 1999 SC 504), on priority basis, with a view to strengthening the system of administration of justice in vogue and for maintenance of independence of judiciary. If after consideration of the same, the Government disagrees with such reports/recommendations, either generally or otherwise, a reference to this effect be made to the Commission for reconsideration.

2- A Judicial Administration Development Fund should be established by allocating adequate funds at the disposal of the judiciary for strengthening the system of administration of justice and independence of judiciary.

3- Cooperation between the bench and bar and mutual respect for each institution is a sine qua non for the smooth functioning of the system of administration of justice, and this cooperation should be maintained and further strengthened.

4- Corruption must be eliminated from every segment of the society, without exception, by initiating appropriate proceedings before appropriate forums in accordance with law, justice, fair play, in transparent manner and in consonance with the principles of natural justice.

5- The Supreme Judicial Council should be made functional for accountability of the judges of the superior courts.

Mr Justice Irshad Hassan Khan, Chief Justice of Pakistan/

Chairman, Pakistan Law Commission

addressing the Commission

9 September 2000

The Commission in its meeting held on 9 September 2000 examined inter alia the following:

1- Proposal for establishment of small cause courts to be established at tehsil level for quick disposal of petty disputes.

2- Proposal for creating more Family Courts with enhanced Jurisdiction to decide all family matters and be able to render decisions expeditiously.

3- Proposal to empower the Session Judge to issue directions of the nature of Habeas Corpus through appropriate amendment in Section 491 (1) of the Code of Criminal Procedure 1898.

4- The feasibility of reorganizing and bifurcating of the civil and criminal functions of subordinate courts, so that by working in rotation, they may gain experience in the relevant fields and expeditiously decide the pending cases.

The Commission examined the above proposals and after due deliberations unanimously agreed to approve in principle, the following three draft statutes:

1- The Small Claims and Minor Offences Courts Ordinance 2000

2- The Family Courts (Amendment) Ordinance 2000

3- Amendment in Section 491 (1) (a & b) of the Code of Criminal Procedure 1898 for empowering the Session Judge to issue directions the nature of habeas corpus.

The Commission further resolved that the proposed drafts should be published for inviting comments/suggestions from the general public. The Commission also resolved that the proposal regarding reorganisation and bifurcating of civil and criminal functions of judges of the subordinate courts may be forwarded to the respective High Courts for thorough scrutiny. The Commission further approved amendment in the Pakistan Law Commission Employees (Terms and Conditions of Service) Rules, 1992, providing for recruitment rules/procedure for the appointment of computer programmer and computer operator.

The Commission in session on 17 March 2001

17 March 2001

The Commission held a meeting on 17 March 2001 to consider the following agenda items:

1- The Small Claims and Minor Offences Courts Ordinance, 2001

2- The Family Courts (Amendment) Ordinance, 2001

3- The Code of Criminal Procedure (Amendment) Ordinance, 2001

4- The Code of Civil Procedure (Amendment) Ordinance, 2001

5- Enhancement of Pecuniary Jurisdiction of District Judge and Civil Courts

The meeting was attended besides Members of the Commission, by Barrister Shahida Jamil, Minister for Law, Justice and Human Rights, Qazi Abdur Rahim, Vice Chairman, Pakistan Bar Council and Mr. Muhammad Akram Sheikh, Senior Advocate, Supreme Court, by special invitation. After thorough debate/scrutiny the Commission approved the above draft statutes, the salient features of which are as follows:

Draft Statutes Approved

1. The Small Claims and Minor Offences Courts Ordinance 2001

(1) The Government, in consultation with the High Court, shall establish the small claims and minor offences courts at the district/tehsil level. These courts shall be manned by a civil judge-cum-judicial magistrate to be designated by the respective High Court.

(2) The Court shall try the specified civil suits of the value of one hundred thousand rupees or less, which value can be appropriately varied by the respective High Court, in keeping with the objective conditions of a particular district/tehsil:

(3) The Court shall also have jurisdiction to decide offences under the Pakistan Penal Code 1860, where punishment prescribed does not exceed 3 years imprisonment or fine or both.

(4) A simple, more specific and expeditious procedure for process serving has been prescribed in order to finalise the case for trial.

(5) In appropriate cases, the Court shall persuade the parties to reach an amicable, out-of-court settlement, of their dispute, and in case any such settlement is arrived, the same shall be enforced as a decree or order of the Court.

(6) For Alternative Dispute Resolution (ADR), each Court shall maintain a panel of arbitrators, mediators and conciliators, prepared by the respective High Court in consultation with the District Judge and President of the local bar association.

(7) In the event of failure of ADR proceedings, the Court shall proceed to determine the suit through prescribed summary procedure, ordinarily to be decided within 60 days.

(8) In criminal cases, however, the Court shall conduct regular trial and follow the procedure prescribed in the Code of Criminal Procedure 1898 and Qanoon-e-Shahadat Order 1984.

(9) With a view to expedite the proceedings, the Court shall have power to enforce the attendance of any person, compel the production or discovery of any document, carry out local inspection and issue commissions for examination of witnesses or documents.

(10) The parties shall be required to appear before the Court on specified date and time and also ensure the attendance of their witnesses. In case of deliberate default on the part of plaintiff, the Court may dismiss the claim/suit. Similarly, in case of deliberate default on the part of defendant, the Court may proceed ex parte. Any such order of the Court may be set aside subject to good and valid cause shown.

(11) On the conclusion of the trial, the Court shall execute the decree through simplified procedure.

(12) Appeal against the decree/order shall lie to the District & Sessions Judge. Provided that there shall be no right of appeal against a consent decree.

(13) The High Court is empowered to amend the Schedule, thereby adding to or deleting from any matter to the Schedule. Furthermore, the High Court may, from time to time, make rules for regulating the procedure of the Court.

2. The Family Courts (Amendment) Ordinance 2001

(1) A wife seeking dissolution of marriage shall also claim in the plaint her dower, dowry, personal property, maintenance, custody of children and right of visit to meet children to avoid multiplicity of suits.

(2) A husband while defending a suit for dissolution of marriage may claim decree for restitution of conjugal rights and no separate suit shall lie for it.

(3) A defendant wife may claim for any right to which she is entitled to claim in reply to suit for restitution of conjugal rights by the husband.

(4) No document can be relied upon by any party unless it has a relevancy to the claim or defence made in the plaint or written statement.

(5) In a suit for dissolution of marriage on the sole ground of ‘Khula’ the Court shall pass decree on restoration of marriage benefits as determined by the Court.

(6) The Family Court shall dispose of all family suits within a period of four months.

(7) The non-appealable limit of decrees is enhanced from rupees fifteen thousand to rupees thirty thousands in respect of dower and rupees five hundred to rupees one thousand per month in respect of maintenance.

(8) A Family Court may pass an interim order to grant maintenance or to preserve and protect any property to secure the enforcement of decree and no appeal or revision shall lie against it.

(9) An appeal against decree of maintenance by the Family Court is exempted from payment of court fee.

(10) The punishment of fine on contempt of Family Court is enhanced from rupees two hundred to rupees one thousand.

(11) A Family Court is empowered to issue Commissions to examine any person, to make a local investigation or to inspect any property or document.

(12) A Family Court shall have all the powers of Judicial Magistrate of the First Class to try minor criminal offences where one of the spouses is victim of offence committed by the other.

(13) The High Court may, with the approval of the Provincial Government, make rules for the effective functioning of the Family Court and to add any other family matter to the Schedule.

3. Conferring the Power under Section 491(1) (a) & (b) of the Code of Criminal Procedure, 1898 on the Court of Sessions.

With a view to putting an end to abuse or arbitrary exercise of power/authority and so as to providing access to justice at the gross roots level, the draft amendment seeks to empower the Sessions Judge/Additional Sessions Judge, at the district level, to entertain and decide petitions of the nature of habeas corpus, thereby providing expeditious relief to aggrieved persons. Needless to say, this measure will save the people from traveling to provincial headquarters for approaching the High Court and paying huge sums of money to High Court lawyers. This way, people will get relief quickly, cheaply and without much hassle. The Sessions Court will exercise this power concurrently with the High Courts as the High Courts possess such power, both under the Code of Criminal Procedure 1898 and Article 199 of the Constitution.

4. The Code of Civil Procedure (Amendment) Ordinance 2001

With a view to check the tendency of filing false/frivolous cases, through an amendment in the Code of Civil Procedure 1908, all the civil courts are obligated to thoroughly scrutinise the pleadings of the parties with a view to dismiss, in limine, false, fictitious and frivolous cases, and further to persuade the parties to reach an amicable settlement of their disputes through conciliation, mediation, arbitration or any such other appropriate mode of alternate dispute resolution. The purpose is to resort to amicable settlement of disputes, which is embedded in our culture and recommended under the injunctions of Islam.

In its meeting on 17 March 2001, the Commission also examined the Working Paper titled `Enhancement of Pecuniary Jurisdiction of District Judge and Civil Courts’, which suggests, inter alia:

(1) enhancing the appellate jurisdiction of District Judge to rupees one million so as to reduce the workload of High Courts;

(2) enhancing the pecuniary jurisdiction of Civil Judge 2^nd Class and 3^rd Class, in keeping with rise in inflation, since the earlier revision; and

(3) enhancing the jurisdiction of Qazi Courts under the Baluchistan Civil Disputes (Shariat Application) Regulation 1976, in its application to the Tribal Areas of Baluchistan and empowering such Courts to also entertain suits from and against the Federal Government, Provincial Government, a local authority, public corporation or public servant.

It was resolved that the members of the Commission will further examine the issue and forward their views to the Commission for further consideration.

Group Photograph of the Chairman and Members,

Pakistan Law Commission

17 March 2001

Chair (L to R)

Mr. Justice Falak Sher, Chief Justice, Lahore High Court, Mr. Justice Sardar Mohammad Raza Khan, Chief Justice, Peshawar High Court, Mr. Justice Qazi Mohammad Farooq, Judge, Supreme Court of Pakistan, Syed Sharifuddin Pirzada, Senior Advocate, Supreme Court, Mr. Justice Irshad Hasan Khan, Chief Justice of Pakistan (Chairman), Barrister Shahida Jamil, Minister for Law, Justice, Human Rights & Parliamentary Affairs (by special invitation), Mr Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh, Mr. Justice Raja Fayyaz Ahmed, Chief Justice, High Court of Baluchistan, Mr. Justice Faqir Mohammad Khokhar, Secretary, Law & Justice Division.

Standing (L to R)

Dr Faqir Hussain, Secretary, Pakistan Law Commission, Mr. Muhammad Akram Sheikh, Senior Advocate, Supreme Court (by special invitation), Qazi Abdur Rahim, Vice Chairman, Pakistan Bar Council (by special invitation), Syed Afzal Haider, Senior Advocate, Supreme Court, Mr. Abdul Qadir Halepota, Advocate, High Court, Mr. Muhammad Aslam Chishti, Senior Advocate, Supreme Court.

Suo moto Action by the Supreme Court on Report of the Commission on Criminal Justice System

IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)

Present:

Mr. Justice Irshad Hasan Khan, CJ

Mr. Justice Sh. Riaz Ahmed, J

Suo Moto Case No. 3/2001

(On perusal of Pakistan Law Commission’s

Report No. 22 on Criminal Justice System)

ORDER

Irshad Hasan Khan, C.J.- We initiated, in consultation with the Hon’ble Judges of this Court, the Chief Justices of the Provinces, Members of Pakistan Law Commission and the leaders of the Bar, a programme to address the long standing problems of backlog and delays in the dispensation of justice. Some progress in clearance of backlog has been made, particularly, in the cases of unprivileged classes, that is to say, widows, orphan children, distribution of estate of deceased’s property, rent matters and others.

2. In a move aimed at reducing backlog and expediting the disposal of cases, various benches of different number of Judges were constituted to attend to cases of different categories during a week/month. As a consequence, backlog came down considerably, as is depicted in the table showing institution/disposal of cases by the Court. This was achieved through the active support and cooperation of the Bar, despite consumption of huge time of the Court in constitutional cases and other cases of public importance.

3. As per the following table total pendency before Court on 1^st January, 2001 was 10,998. There has been an on going litigation explosion in the country. Fresh institution of cases is on tremendous increase. The society has become litigious. During the period from 1^st January, 2001 to 9^th August, 2001 a total of 7831 cases including 6590 petitions and 1241 appeals were instituted thereby increasing the total pendency before the Court from 10998 to 18829 cases.

4. In the supreme national interest, the Judges of the Supreme Court had foregone their vacation last year as well as this year and have hitherto been working during vacation in public interest. The same has been the practice in the past as well as the Judges of the Supreme Court had been working in rotation during the summer vacation.

5. A monitoring apparatus has been set up to evaluate performance regularly. Full Court meetings are convened frequently to consider ways and means of enhancing the efficiency of the Court with a view to clearing the backlog. The above measures put in place are already going a long way in wiping out the pendency. As could be seen from the following table, the Supreme Court during the past eight months disposed of a total of 8314 cases thereby reducing the pendency from 18829 to 10515 cases.

STATEMENT SHOWING INSTITUTION/DISPOSAL

FROM 1.1.2001 TO 9.8.2001

Cases	Previous pendency	Institution	Total pendency	Disposal	Current pendency	Remarks
Petitions	5661	6590	12251	5765	6486	Increased by 825
Appeals	5337	1241	6578	2549	4029	Decreased by 1308
Grand Total	10998	7831	18829	8314	10515	Decreased by 483

The above statement includes disposal of 892 important criminal cases as follows:

Death = 129

Life Imprisonment = 292

Appeals Against Acquittal = 183

Others = 533

==========

Total: 1137

==========

During this period the Court not only held its sitting at the principal seat but also had to work at Peshawar, Quetta and Karachi where Registries are located to provide justice to the people at their door step and keeping in view the demands of the Bar notwithstanding the fact that there is not much of work at these places. The Court also held its sittings at Lahore Branch Registry for a number of weeks/months, in that bulk of the cases originates from this Registry.

6. A total of 202 cases involving death penalty and 295 cases involving life imprisonment are currently pending in this Court. Cause Lists for these two categories of cases have been prepared and the Roster for the purpose has been issued for hearing such cases on day to day basis with a view to finally dispose them of. The Cause Lists shall be sent to the lawyers appearing in the cases listed therein so that they may make necessary adjustments and ensure their presence before the Court on the given date, when the cases are fixed for hearing for actual dates.

7. It is expected that High Courts shall also continue to follow the same course. It shall be the duty of the Advocate General of each province to make appropriate applications to the respective Registrars of the High Courts or of this Court for listing of cases involving death penalty or life imprisonment, and cases under Anti Terrorism Act for expeditious disposal, subject to the order of the Chief Justice.

8. The unfortunate delay occurs in the disposal of civil and criminal cases due to several reasons, and many sections of the society are responsible for the same. However, in criminal cases, which have a direct nexus with the law and order situation in the country, delay impacts negatively on maintenance of peace and security in the society and is harmful. This issue must therefore be given preference as compared to other issues. It is therefore a fit case for initiating suo moto action under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973 for issuing appropriate directions to the concerned authorities. And since we are seized of this matter in exercise of our constitutional jurisdiction under Article 184(3) of the Constitution, we lay down the following guidelines to remedy the situation.

MISERIES SUFFERED BY UNDERTRIAL PRISONERS

9. It is complained that 2/3^rd of the jail inmates comprise under-trial prisoners. Such phenomenon erodes people’s trust and confidence in the system of justice. It is, therefore, the bounden duty of the Bar, litigants, witnesses and, in particular, the law enforcing agencies to cooperate with the Judiciary within the parameters of the system of administration of justice at all levels in the expeditious disposal of cases so that the people of Pakistan may live in peace and prosper.

10. An important cause for delay in the disposal of the criminal cases is that on account of the creation of the new districts in the Provinces, jails have not been constructed. Consequently, the accused are kept in the jails of a different district. On account of inadequate or lack of transport facilities, the accused are not produced in time before the Courts. Therefore, it is of utmost importance that in all the newly carved out districts, jails are constructed so that the accused can be lodged therein and can be produced before the relevant Court at the proper time for expeditious disposal of the cases. It is also important to note that a number of incidents have taken place where during the transit from jail to the Court, an attack was launched for release of the accused persons. Therefore, jails should be constructed in the new districts, under a phased programme, in keeping with the availability of financial resources.

DINGY DEATH CELLS AND INHUMAN CONDITIONS OF PRISONERS

11. We also take judicial notice of the fact that there are small dingy rooms measuring 9’ x 12’ attached with WC in a corner, rounded by a wall of 3’ height for the condemned prisoners. It is inhuman to keep the prisoners in death cell beyond the capacity of the cell.

12. There is tremendous congestion in jails. The prisoners are lodged therein beyond the building capacity. It is understood that the number of under-trial inmates far exceed the number of convicted prisoners. The problem of congestion is, thus, overwhelmingly attributable to the abnormal delays due to inefficiency and casual attitude of the prosecuting agencies. We, therefore, expect that the learned Chief Justices of the High Courts will take up this issue on priority basis to take remedial measures as may be deemed fit and proper.

13. The accommodation provided in jails generally does not suit the climatic condition of the country. In winter, prison barracks are extremely cold and in summer, they are sizzling with heat. The Government must take suitable steps in phased programmes to construct/renovate the existing jails to suit the environmental and climatic conditions. Proper flush system in toilets as well as sewerage system, electric fans and water coolers facilities should be provided to the inmates on humanitarian grounds.

14. A root cause for delay in disposal of criminal cases is the failure on the part of Investigating Officer to submit challan within the prescribed period of 14 days as provided in the Criminal Procedure Code. It has been noticed with concern that often challan is submitted after a year or a year and a half. There is no system of check and balance in the police department as to expeditious conduct of investigation and submission of challan in time. Senior police officers often ignore the delay on the part of the Investigating Officer in submission of challan. Another malady affecting the entire system, is the successive change of investigating officer either at the instance of the accused or the complainant, which is an example of distrust by the public on the conduct of investigation by the police. However, a superior police officer instead of scrutinizing such investigations prefers to order the change of conduct of investigation from one officer to another, causing inordinate delay in the submission of challan. There is, therefore, a need to evolve a mechanism to obviate such frequent change of investigating officers. We would, therefore, constitute a committee at the Provincial level consisting of Home Secretary as its head and Inspector General of Police, Provincial Law Secretary and Advocate General as its members. A similar committee shall be constituted at the Federal level, which will be headed by Secretary, Interior and its members will include Director General FIA, the Incharge of Narcotics Division and a Joint Secretary to be nominated by Secretary, Law. These committees shall consider the following points:

i) What should be the procedure and criterion for transfer of investigations from one officer to another and/or to Crime Branch.

ii) How to determine the genuineness or otherwise of the application for transfer of investigation from one officer or agency to another either at the behest of the accused or the complainant.

iii) The time-frame within which, even if the investigation is transferred, the same is completed.

iv) The committee shall also lay down guidelines for initiating disciplinary action against the delinquent Investigating Officers.

The meetings of these committee shall be held within one month from the receipt of this order and a report shall be submitted to the Registrar of this Court within two months thereafter.

15. The system for maintaining police diary should also be looked into. In the past the diary papers were numbered and signed and were given to the investigating officers for conducting investigation. The system has totally been destroyed by not adhering to this practice. Now the police diaries are written on simple blank papers not issued officially and can be replaced at any time. On top of it, the investigating officers do not know how to write the police diary and they have kept retired police officers for writing police diaries. Similarly on the Revenue side, Tehsildars or Naib Tehsildars are keeping retired Tehsildars/Naib Tehsildars and Patwaris are keeping retired Patwaris for recording mutations, Jamabandis and for performance of other revenue work. In fact, in the past quota system introduced for the recruitment at the behest of MNAs/MPAs has shaken the foundation of the service structure. No inspection of police stations is generally taking place. Copies of the FIRs and Zimnis i.e., police diaries are not being sent to the concerned authorities. In the past it was the duty of the SP to read all these police diaries sent to him and, thus, he knew and could supervise as to the conduct of the cases/investigation at different police stations within his jurisdiction. Therefore, the practice of sending copies of Zimnis and FIRs to the concerned authorities should be re-introduced and a law be made for its strict enforcement.

STEPS FOR EARLY INVESTIGATION AND PROSECUTING

THE CULPRITS

16. Collective efforts must be made by the citizens of Pakistan to help sustain the rule of law by preventing crime. The law enforcing agencies must take every possible measure in detecting the culprits; conducting the investigation justly, fairly, expeditiously and in accordance with law; submitting the challans in time; prosecuting the culprits before competent courts by seeking their conviction if proved guilty and awarding them suitable punishments and acquitting the innocents.

COOPERATION OF THE BAR IN STRENGTHENING THE SYSTEM OF ADMINISTRATION OF JUSTICE

17. The Bar has a very pivotal role to play. It is our firm belief that the Bar and the Bench must work together in ameliorating the sufferings of the litigant public notwithstanding lack of needed recourses due to financial constraints. The combined efforts of the Bench and the Bar for expeditious disposal of cases is sine qua non for the maintenance and encouragement of public confidence in the system of administration of justice and to avoid replacement thereof with any other system.

18. Another important issue is the holding of the trial of the cases by the Sessions Court at Tehsil level. The members of the Bar who have to appear before the Courts both at the district level and tehsil level cannot conduct cases and as a result the cases are adjourned. Therefore, all the cases triable by the Sessions Court should be tried at the district level as far as possible after creating necessary infrastructure, under a phased programme.

19. After separation of the Judiciary from the Executive, more manpower is required. A Civil Judge is not only a Civil Judge but Rent Controller as well as Family Court and he had also been burdened tremendously with the disposal of criminal cases. This is not fair and this is one of the causes of delay. Therefore, serious consideration may be given to the creation of new cadre of service in consultation with the Provincial Governments and the Chief Justices of the Provinces so that this cadre can deal with criminal cases exclusively as it was prevalent before the separation of Judiciary from the Executive. This can only be achieved by providing manpower and infrastructure as well as construction of new Courts, in consultation with the learned Chief Justices of the High Courts, under a phased programme in keeping with the availability of necessary funds.

20. Because of the backlog, the requirement of the time is to work both on long term as well as short term plans to tackle this problem. As far as short term measures are concerned, the immediate recruitment of Magistrates, in consultation with the Chief Justices of the High Courts, is of the utmost importance. Otherwise, the system is likely to collapse and the people would completely lose faith in the system of administration of justice leading to anarchy.

21. The Inspectors General (Prisons) and the Home Secretaries of the Punjab, Sindh, NWFP and Balochistan shall visit the death cells in the company of respective District and Sessions Judges on a date and time to be fixed within 60 days from the receipt of this order to ensure that the prisoners kept therein may be provided facilities according to Jail Manual. This inspection should be a regular feature in keeping with the rules in force.

22. The Inspectors General (Prisons) and Home Secretaries shall also ensure that the prisoners kept in death cells are provided with sufficient walk time in the morning and evening according to jail Rules. However, use of handcuffs in respect of terrorists and/or dangerous criminals, during walk, should be strictly adhered to.

23. The Provincial Governments should make arrangements for the construction of separate prisons for juvenile offenders where not available, under a phased programme.

24. Proper food, training and other facilities should also be provided to prisoners including women and juvenile offenders. The Provincial Governments through Finance Ministers/Secretaries shall approach their respective Governors of Provinces for allocation of adequate funds for the purpose.

25. In situations where provincial governments are unable to procure funds from their own resources, they shall approach the Federal Government for the allocation of necessary finances. We are sure the Federal Government will entertain such requests sympathetically.

26. Special care must be taken in respect of children accompanying their convicted/under trial mothers. A strategy must be evolved for the maintenance and protection of children when they become of school-going age. Arrangements should also be made for their education under a phased programme subject to availability of funds.

27. Closed-circuit TV equipment should be installed in jail, as early as possible subject to availability of funds and the staff should be given gadgets for detecting escapes and imparted appropriate training for the purpose.

28. The rules for medical facilities and special diet to the patients during illness be extended to under-trial prisoners, if not already done.

29. The system of granting remission on account of acquiring education and higher qualifications should also be reviewed with a view to allow remission on the basis of certificate/degree awarded for higher education. For higher degrees, the period of remission should be greater. Rule 215 of the Pakistan Prison Rules, 1978, be suitably amended which provides for special remission schedule.

30. The Provincial Governments may also consider approaching the philanthropists and charitable institutions for obtaining donations and other assistance, in kind or cash for jail inmates.

31. The learned Chief Justices of the High Courts may also consider evolving strategies including the establishment of special Benches for a particular period to dispose of the backlog on day to day basis in respect of cases involving capital punishment i.e. terrorism and other heinous offences.

32. The learned Chief Justices of the High Courts may also consider to appoint a senior Judge/Judges to monitor the early fixation and disposal of such cases in the High Court as well as all other courts including the special courts subordinate to the High Court in consonance with Article 203 of the Constitution.

33. The Interior Secretary, Inspectors General of Prisons, District and Sessions Judges of the Provinces, Home Secretaries and Finance Secretaries of the Provinces shall submit monthly reports about the progress in the implementation of the above directions to Registrar of this Court till final disposal of the matter by this Court.

34. The case being of great public importance, shall be heard by a larger Bench to be constituted by the Chief Justice. Meanwhile, notices shall be sent to the Advocates General of the Provinces for a date to be fixed in office at an early date. The Interior Secretary, Chief Secretaries of the Provinces, the Home Secretary, the Advocates-General and the Inspectors General of Police of the Provinces shall appear personally and assist the Court in the resolution of the above issues.

CJ

J.

Islamabad,

August 10, 2001.

Public Awareness Scheme

Section 6 of the Law Commission Ordinance obligates the Commission to simplify laws for easy comprehension and to devise steps to make the society law conscious. It includes to transcribe codified laws into easy English/Urdu as well as regional languages for information of the general public through the print and electronic media. The Commission runs a public awareness scheme whereunder issues/problems of public interests/concern are highlighted through detailed description, informing the people of their rights/entitlements and procedure for enforcing such rights/entitlements. The material is published through the press and hosted on the Commission’s website. The public may interact with the Secretariat and get further information/clarification on the subject. (List of such published/pendency topics is at Appendix (vi).

The Commission is conscious of the fact that a law conscious/abiding society furnishes the essential framework for promotion of commercial, industrial and economic activities in the country. It therefore endeavours to furnish information on the legal issues. The information displayed on the website or given in the press, is restricted though to a limited class of computer users and readers of newspapers. The Commission is considering various proposals to use other modes of mass communications, accessible to the public at large, including radio/television.

Training of Staff

The Commission availed various opportunities of training of its officers and staff. It deputed the officers/staff to attend various training courses and seminars arranged by organizations within and outside Pakistan.

Mr Habib-ur-Rehman Sheikh, Deputy Secretary was deputed to attend a course on “Administration of Justice” in Singapore from 5 to 10 March 2001 under the auspices of the ‘Singapore Co-operation Programme Training Award’ conducted by the Supreme Court of Singapore. The host Government borne all expenses except airfare, which was borne by the Government of Pakistan.

Mr Muhammad Tahir, Research Officer attended the workshop on “Development of National Plan of Action Against Sexual Exploitation and Abuse of Children in Pakistan” organized by the Ministry of Women Development, Social Welfare and Special Education at Islamabad on 27 and 28 February 2001.

Comsat Institute of Information & Technology conducted a Computer Training course from January 3 to March 22 2001. The Commission deputed Mr Mufakhar Adaam, Stenographer to attend the course.

The Commission is considering a proposal to conduct periodical regular training courses for its staff in collaboration with the Federal Judicial Academy, Pakistan Computer Bureau and Secretariat Training Institute.

Computerization in the Secretariat

The Secretariat of Pakistan Law Commission is equipped with computers. There are 13 computers, 2 lazer printers and 2 dot-matrix printers. Computers have been provided to each research officer, their PAs and Incharge of Branches. All these computers are interlinked through a network. The entire research work and most of the administrative work of the Secretariat is carried out through computers.

Necessary training of the equipment has already been imparted to all the officers and staff of Secretariat. This automation helped a great deal in preparing drafts and mutual exchange of document files for review.

Being a research organization, the Secretariat often needs information/material on issues/problems of legal/judicial reform from institutions, inland and as well as abroad. To formulate propositions of law reform, comparative study/analyses is carried out through interaction with national and international research organizations. In order to involve general public in the process of law reform, such proposals are published in the media to elicit opinion/comments.

The Secretariat is using the most modern means i.e. the email and the Internet for communication and feedback. It helps to exchange material quickly and cheaply. The Internet facility enables the Secretariat to have access to and interact with other law reform agencies.

The Secretariat has also launched its Website. It contains detailed information about the functions and composition of the Commission and the Secretariat. All the 35 reports of the Commission are available on the Website together with their summaries for the interest of readers. A public awareness scheme, containing write-ups in Urdu on topical issues/problems is being run to make the society law-conscious. The list of pending projects is displayed to invite public views/comments on various law reform proposals. For the interest of law students, lawyers and general public, lists of Federal and Provincial Statutes and articles published in various law journals are available in chronological order and with consolidated index. The electronic version of Constitution of the Islamic Republic of Pakistan 1973 is also hosted. Information about the administration of justice, i.e. hierarchy of judicature, strength of judges, advocates and law officers is also displayed. Since the basic purpose of the Website is to interact with the people, therefore, it has necessary features on its menu viz. ‘Newsletter’, ‘Media Releases’ and ‘Submission/Feedback’, ‘Contact Details’ etc to enable the Commission to have communication with the people and other research bodies for mutual help and assistance. This Annual Report shall also be posted on the Website.

The library automation service is in process, whereby prompt retrieval of desired information about books/material would be possible, which in due course of time, may connect with other libraries e.g. Supreme Court Library, National Library, National Assembly Library and Law Ministry Library.

External Relations

Contacts with overseas law reform agencies were maintained during the year. Such contacts are extremely beneficial for the working of the Commission. Through such interaction, ideas are exchanged on issues of common interest, information is shared and required material obtained.

Mr. Justice Irshad Hasan Khan, Chief Justice of Pakistan and Chairman, Pakistan Law Commission, attended the World Bank Conference on Comprehensive Legal and Judicial Development for a Just and Equitable Society in the 21^st Century, held on June 5 – 7, 2001 at Washington D.C. alongwith the Secretary of the Commission. The Chairman made a keynote address in one of the sessions of the Conference. The title of the paper was ‘The Judicial System of Pakistan: Measures for Maintaining Independence and Enforcing Accountability’. He also attended the Conference of Chief Justices of the Latin American States, wherein he explained the measures initiated by the Chief Justices’ Committee of Pakistan for clearance of backlog and expeditious disposal of cases. The participants appreciated the results achieved by the Pakistan judiciary for reducing pendency and quick disposal of cases of special categories viz family suits, suits of widows, orphans, rent matters and small criminal offences. During the Conference, the Chairman held meetings with legal luminaries and prominent jurists including the Honourable William H. Rehnquist, Chief Justice, USA, Justice Stephen Breyer and Justice Anthony M. Kinnedy of the US Supreme Court, Justice David Kingsley Malcolum, Chief Justice of Western Australia and others.

The Chairman in May 2001, visited UK, Canada and USA with a view to study the latest legal and judicial reforms introduced by those countries and the operation of courts and the use of alternative methods of dispute resolution for reducing the workload of the courts. He also attended the World Jurists Conference in Canada. The Secretary, Pakistan Law Commission joined him in USA where they held meetings with judges, court administrators and were given briefings on the court management and mediation proceedings in family courts. They further participated in the Seminar on legal reforms in which the Chairman apprised the participants of the activities of the Pakistan Law Commission and the legislative measures recommended to Government for implementation.

Close contact with other Government organizations and participation in Ministerial and other Consultative Committees enables the Secretariat to make contribution in a variety of ways. The Federal Government appointed the Secretary, Pakistan Law Commission as Member, National Commission on the Status of Women. He was also appointed as Secretary of the Committee for Improvement of Administration of Justice, constituted by the Chief Executive to recommend measures for enhancing the capacity of courts to clear the backlog, reduce pendency and expeditious trial proceedings in civil and criminal cases. The Secretary, Ministry of Law, Justice & Human Rights was the Chairman of the Committee. Other members include, Secretaries of the Ministries of Interior, Finance, Chief Secretaries of the provinces and Registrars of Supreme Court and High Courts. The Committee has since finalised its report and submitted the same to the Government for further necessary action.

Contacts with other Law Commissions

Pakistan Law Commission has maintained contacts with Law Commissions of other countries. Copies of the reports of the Commission are sent to foreign Commissions on reciprocal basis. The Foreign Commissions also share their reports and theme papers with the Pakistan Law Commission.

In a workshop of the Law Commissions of SAARC countries held at Dhaka, Bangladesh on 20-21 March 1999 it was resolved. –

1. Each country in the SAARC region should have a statutory Law Commission which ought to be provided with sufficient financial and manpower resources.

2. If any request pertaining to any specific study paper or working paper or report or any other material is made by the Law Commission of one country to the Law Commission of another country, such request should be responded to positively as far as practicable.

3. Each Law Commission will provide logistical support to another Law Commission, as far as practicable, if the latter wishes to undertake a study of any subject pertaining to its functions.

4. Each Law Commission will endeavour to provide itself with Internet facilities and a web site of its own to facilitate the mutual exchange of information.

5. The Law Commissions of the SAARC region shall endeavour to set up a forum of SAARC Law Commissions under the SAARC Charter to promote mutual cooperation.

6. It is further resolved that in order to carry out the purposes of paragraph 5, the Bangladesh Law Commission shall act as the Secretariat provisionally.

Pakistan Law Commission interacts with other Law Reform Commissions. Their access addresses are at Appendix (vii).

Former Law Reform Commissions

The legal and judicial systems of Pakistan have evolved over a long period of time covering the Hindu era (1500 B. C. – 1500 A. D.), Muslim rule (ushered in 11 century A. D. in Sindh and gradually spreading to other parts, also including the Mughal dynasty (1526 AD – 1857 A. D.), British colonial period (commencing with conferment of judicial function on East India Company under the Charter of 1623 and extending up to 1947) and post-independence period (from 14 August 1947 onward).

In British Period

The First Law Commission was constituted in 1834. It comprised of four members, namely, Mr. Lord Macaulay, Mr. J. M. Macleod, Mr. G. M. Anderson and Mr. F. Millet. The Commission examined the existing jurisdiction and powers of the courts, judicial procedure, functioning of police establishment and operation of civil and criminal law, both written and customary, and suggested appropriate reforms thereof.

The Second Law Commission was constituted under the Charter Act 1853 comprising of Sir John Romilly, Master of the Rolls, Sir John Jervis, Sir Edward Ryan, R. Lowe (afterwards Lord Sherbrook), C. H. Cameron, John. M. Macleod and T. F. Ellis. Following recommendations of this Commission certain important law codes i.e. Code of Civil Procedure 1859, Limitation Act 1859, Penal Code 1860 and Criminal Procedure Code 1861 were introduced and the Supreme Court and Sadar Courts were amalgamated by enacting the Indian High Courts Act 1861.

In 1861, a Third Law Commission was appointed to enact a uniform civil law for British India. The Commission comprised of Sir John Romilly, Master of the Rolls, Sir. W. Erle, Chief Justice of Common Pleas, Sir Edward Ryan, Mr. Robert Lowe (Lord Sherbrook), Mr. Justice Willes and Mr. J. M. Macleod. The Commission submitted several reports to the Government. In the first Report the Commission proposed the adaptation of the Indian Succession Act which with minor modifications was adopted by the legislature in 1885. Thereafter, the Commission submitted 6 more reports in the area of law of contract, law of negotiable instruments, law relating to specific performance, law of evidence, law of transfer of property and certain amendments to the criminal procedure code. The implementation process was however, slow and the members were dissatisfied. Thus, in 1870, they resigned. However, the process of codification of laws continued and the Contract Act and Evidence Act were enforced in 1872.

The Fourth Law Commission was constituted in 1879 and comprised of Dr. Whitley Stockes, Sir Charles Turner, the then Chief Justice of Madras, and Mr. Rayward West, a Judge of the Bombay High Court. On recommendations of the Commission the Negotiable Instrument Act, the Trust Act, Transfer of Property Act, the Specific Relief Act and the Easements Act were enforced and the codes relating to companies, civil procedure and criminal procedure were revised.

Since Independence

The practice of appointing ad hoc law reform commissions continued since independence. In 1956, the Government of Pakistan constituted the Commission on Marriage and Family Laws to suggest suitable reform thereto. The Commission was headed by Mr. Justice Abdul Rashid, former Chief Justice of Pakistan and comprised of Dr. Khalifa Shuja-ud-Din, Dr. Khalifa Abdul Hakim, Maulana Itehsham-ul-Haq, Enayat-ur-Rehman, Begum Shahnawaz, Begum Anwar G. Ahmad and Begum Shamsunnihar Mahmood, as members. The Commission submitted its report in 1958 by suggesting various reforms to the existing laws governing marriage, divorce and provision of inheritance to the orphaned grandchildren. The recommendations were duly incorporated through the adoption of the Muslim Family Law Ordinance 1961.

On establishment of the Province of West Pakistan, the Government appointed a Commission headed by Justice Sheikh Abdul Hamid of the West Pakistan High Court to examine the judicial system, prevailing in Quetta and Kalat Divisions, so as to bring it inconformity with the rest of the province.

The Government set up the Law Reform Commission of 1958 under the Chairmanship of Mr. Justice S. A. Rahman, then a Judge of the Supreme Court of Pakistan. The terms of reference were quite comprehensive including subjects like the hierarchy of courts and their powers, judicial appointments, improvement of legal education as well as legal profession, reform of civil law, criminal law, and law of evidence. The Commission submitted its report in 1959. Some of its recommendations were enacted in 1962 in the Code of Civil Procedure however, such changes were did not receive favourable response from the litigants public as well as members of the bench and the bar, and consequently the Government constituted a Committee to reexamine the said amendments, and on the recommendations of the said Committee, most of the amendments were withdrawn. However, some of its recommendations in the Criminal Procedure Code were carried out.

In 1967, the Government set up another Law Reform Commission with a mandate to examine the prevailing legal and judicial systems of the country and submit appropriate recommendations for eliminating delays in litigations. Justice Hamood-ur-Rehman, then a Judge of the Supreme Court of Pakistan who later on became its Chief Justice, headed the Commission. The Commission submitted a fairly comprehensive report to the Government in 1970. Most of its recommendations pertaining to reform of civil and criminal laws were accepted and implemented, however, Its recommendations pertaining to increase in number of judicial officers and provision of appropriate facilities to courts were ignored.

Pending Projects

The Commission has several law reform proposals pending before it for finalisation. These projects are at various stages of completion. The list of such pending projects follows:

1- Registration of Documents

2- The Consumer Protection Bill

3- Code of Conduct for Judges

4- Impeaching the Moral Character of Victim of Rape (Deletion of Section 151 (4) of Qanun-e-Shahdat Order 1984)

5- Enhancing the Pecuniary Jurisdiction of District Courts and Civil Courts

6- Post-divorce Matta’a for Wife

7- Securing the Proprietary Rights of the Co-owners/Co-sharers Through Amendment in the Stamp Act 1899

8- The Utility Services (Redressal of Complaints) Bill

9- The Water Supply Service (Redressal of Complaints) Bill

10 Examination of Section 54 and Section 167 of the Cr. P. C.

11- Amendments in the Pakistan Citizenship Act 1951

12- Amendment in Dissolution of Muslim Marriage Act 1939

13- Enhancing the Original Civil Jurisdiction of High Court of Sindh at Karachi

14- Measures for Welfare of Senior Citizens

15- Amendment in Section 133 of the Income Tax Ordinance 1979

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

17- Application of Transfer of Property Act 1882 to Islamabad Capital Territory

18- Government Tortious Acts Tribunal Bill

19- Amendment in the PPC to Make More Offences Compoundable

20- Law of Nazar-ul-Mazalim (Giving Special Powers to Existing Courts for Handling Tort Cases)

21- Amendments in the Legal Practitioners and Bar Councils Act 1973

22- 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)

23- Amendments to Contempt of Court Act 1976

24- Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law.

25- Legislation for Regulating Domestic Servants

26- 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

27- Amendments in Hudood Laws

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

29- Mental Health and Care Law (to replace Lunacy Act 1912).

30- Modernisation of Transportation Laws

31- 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)

32- Amendments in Laws/ Rules Relating to Forests

33- Amendment in Qanun-e-Shahadat Order 1984

34- Reformation of Labour Laws

35- Regulating the Brick-Kiln Labour

36- Amendments in Pre-emption Law

37- Amendments in Qisas and Diyat Law

38- Proposal for a New Taxation System

39- Rationalising the Periods of Imprisonment and Amounts of Fine Prescribed in the PPC 1860

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

41- Reformation of Cantonment Act/Rules

42- Reviewing Discriminatory Legislation Pertaining to Women

43- Amendments in Muslim Family Law Ordinance 1961

44- Amendment in Juvenile Smoking Ordinance 1959.

45- Amendments in Child Marriage Restraint Act 1929.

46- Proposed Legislation for Regulating the Business of Motor Vehicle Dealers and Real Estate Agents.

47- Law of Accountability

48- Law of Freedom of Information

49 Law on Regulating Shelter Home/Darul Aman

50- Amendment in the Court Fees Act 1870

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

52- Amendments in the Arbitration Act 1940

53- Scheme for Provision of Free Legal Aid and Protection of Human Rights/Freedoms

54- Controlling the Abuse of Discretionary Powers

55- Amendments in Fatal Accidents Act 1855

56- Amendment in Canal and Drainage Act 1873

57- Amendment in Children (Pledging of Labour) Act 1933

58- Amendment in Companies Ordinance 1984

59- Amendment in Zakat and Ushr Ordinance to Remove Anomalies/Contradiction Therefrom

60- To Check Unauthorised Telephone Taping/Eavesdropping as per Direction Contained in Judgment of the Supreme Court

61- Liability of Directors of the Company Towards its Creditors and Shareholders for Healthy Economic Growth

62- Reformation of Emigration Laws

63- Reforming the Limitation Act 1908

Appendix (i)

Former Chairmen of the Commission

Name Period

1. Mr. Justice S. Anwarl Haq 15.9.1979 to 25.3.1981

2. Mr. Justice Muhammad Haleem 23.3.1981 to 31.12.1989

3. Mr. Justice Muhammad Afzal Zullah 1.1.1990 to 18.4.1993

4. Mr. Justice Dr. Nasim Hasan Shah 17.4.1993 to 14.4.1994

5. Mr. Justice Sajjad Ali Shah 5.6.1994 to 2.12.1997

6. Mr. Justice Ajmal Mian 3.12.1997 to 30.6.1999

7. Mr. Justice Saiduzzaman Siddiqui 1.7.1999 to 26.1.2000

Former Secretaries of the Commission

Name Period

1. Mr. Abdus Salaam Shibli 15.11.1979 to 26.1.1985

2. Malik Hakam Khan 27.1.1985 to 15.10.1985

3. Mr. M.A. Latif 16.10.1986 to 7.9.1990

4. Mr. Muhammad Zakaullah 8.9.1990 to 31.7.1998

Appendix (ii)

Former Members of the Commission

From 15 October 1979 to 14 October 1982

(i) Chairman, Council of Islamic Ideology.

(ii). Chief Justice, High Court of Baluchistan.

(iii). Chief Justice, Lahore High Court.

(iv). Chief Justice, High Court of Sindh.

(v). Chief Justice, Peshawar High Court.

(vi). Secretary, Ministry of Law, Justice & Human Rights.

(vii) Mr. Justice (Retd) Salahuddin Ahmad, Member, Council of Islamic Ideology.

(viii) Mr. S. Sharifuddin Pirzada, Senior Advocate, Supreme Court and Attorney General for Pakistan.

(ix) Prof. Sheikh Imtiaz Ali, Principal, University Law College, Lahore.

(x). Mr. Bashir Ahmad Ansari, Senior Advocate, Supreme Court, Rawalpindi.

(xi) Mr. Z.C. Vallani, Advocate, Karachi.

(xii) Mr. Justice (Retd) Dr. I. Mahmud, Member of the Council of Islamic Ideology Vice Mr. Justice (Retd) Salahuddin Ahmad (appointed on 1 September 1980).

(xiii) Mr. Justice (Retd) Jamil Hussain Rizvi, Member of the Council of Islamic Ideology, Vice Mr. Justice (Retd) Dr. I. Mahmud (appointed on 6 July 1981).

(xiv) Sheikh Ghias Mohammad, Member of the Council of Islamic Ideology, Vice the late Mr. Justice (Retd) Jamil Hussain Rizvi (appointed on 5 April 1982).

From 26 August 1983 to 25 August 1986.

(i). Chairman, Council of Islamic of Ideology.

(ii). Chief Justice, High Court of Baluchistan.

(iii). Chief Justice, Lahore High Court.

(iv). Chief Justice, High Court of Sindh.

(v). Chief Justice, Peshawar High Court.

(vi). Secretary, Ministry of Law & Justice.

(vii) Mr. S. Sharifuddin Pirzada, Attorney General for Pakistan and Minister for Law & Justice Parliament Affairs.

(viii) Sheikh Imtiaz Ali, Vice-Chancellor, Quaid-e-Azam University Islamabad.

From 23 November 1987 to 22 November 1990

(i). Chairman, Council of Islamic of Ideology.

(ii) Chief Justice, Federal Shariat Court.

(iii). Chief Justice, High Court of Baluchistan.

(iv). Chief Justice, Lahore High Court.

(v). Chief Justice, High Court of Sindh.

(vi). Chief Justice, Peshawar High Court.

(vii). Secretary, Ministry of Law & Justice

(viii) Mr. Ali Ahmed Fazeel, Attorney General for Pakistan.

(ix) Mr. Mohammad Ali Sayeed, Advocate, Karachi.

(x) Malik Muhammad Qayyum, Deputy Attorney General of Pakistan, Lahore.

(xi) Qazi Muhammad Jamil, Advocate, Peshawar.

(xii) Sardar Muhammad Iqbal Khan Moakal Principal, University Law College, Lahore.

From 2 January 1991 to 1 January 1994

(i) Mr. Justice Shafiur Rehman, Judge Supreme Court.

(ii) Chairman, Council of Islamic of Ideology

(iii). Chief Justice, Federal Shariat Court

(iv). Chief Justice, High Court of Baluchistan.

(v). Chief Justice, Lahore High Court.

(vi). Chief Justice, High Court of Sindh.

(vii). Chief Justice, Peshawar High Court.

(viii). Secretary, Ministry of Law, Justice & Human Rights.

(ix) Dr. Hussain Hamid Hassan, President, International Islamic University (Islamabad).

(x) Mr. S. M. Zafar, Senior Advocate, Supreme Court.

(xi) Mr. Khalid M. Ishaq, Senior Advocate, Supreme Court.

From 14 November 1994 to 13 November 1997

(i). Chairman, Council of Islamic of Ideology.

(ii) Chief Justice, Federal Shariat Court.

(iii). Chief Justice, High Court of Baluchistan.

(iv). Chief Justice, Lahore High Court.

(v). Chief Justice, High Court of Sindh.

(vi). Chief Justice, Peshawar High Court.

(vii). Secretary, Ministry of Law, Justice & Human Rights.

(viii) Mr. Justice (Retd) Abdul Kadir Sheikh Judge, Supreme Court.

(ix) Mr. Justice (Retd) Ali Hussain Qazilbash Judge, Supreme Court.

(x) Mr. Mohammad Shafi Rakhsani, ex-Advocate General Quetta, Baluchistan.

(xi) Mr. Shahzad Jehangir, Senior Advocate, Supreme Court Lahore.

From 13 January 1998 to 12 January 2001

(i). Chief Justice, Federal Shariat Court

(ii). Chairman, Council of Islamic of Ideology.

(iii). Chief Justice, Baluchistan High Court.

(iv). Chief Justice, Lahore High Court.

(v). Chief Justice, High Court of Sindh.

(vi). Chief Justice, Peshawar High Court.

(vi). Secretary, Ministry of Law, Justice & Human Rights.

(vii) Mr. Justice (Retd.) Shafiur Rehman, Judge Supreme Court.

(viii) Mr. Justice (Retd) Burhan-ud-Din Judge, Supreme Court.

(ix) Mr. Abdul Hafiz Pirzada Senior Advocate, Supreme Court.

(x) Mr. Basharatullah, Senior Advocate, Supreme Court

Appendix (iii)

Officers & Staff of the Secretariat

Exchange No. 9220483 Fax 9214416

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 2264714

9220483 Ext. 103

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

Joint Secretary-II Mr. Mehboob Pervez Awan 9214506 5478482

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

9220483 Ext. 105

Research Officer- I Mr. Muhammad Tahir 9208752

9220483 Ext. 110

Research Officer-II Miss Fozia Jalal Shah 9209412

Librarian Syed Nasir Ali Shah 9203584 5510041

9220483 Ext.

Superintendent Mr. Shahid Khalid 9220483 Ext. 109

Computer Programmer Mr. Muhtaj Khan 9220486

9220483 Ext. 117

Computer Operator Mr. Khalid Mahmood 9220486

9220483 Ext. 117

Superintendent –II Mr. Ihsanullah 9208752

9220483 Ext. 113

Accountant Mr. Ghulam Shabbir 9208752 2253211

9220483 Ext. 111

Protocol Asstt. Mr. Hamayun Khan 9220483 Ext. 114 5502985

Appendix (iv)

Reports of the Pakistan Law Commission

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 cases

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

Appendix (v)

List of Persons Contributing Comments

The Commission records its thanks to and appreciation of the following distinguished persons who contributed their valuable suggestions to improve the Commission’s drafts on Small Claims and Minor Offences Ordinance 2001, the Family Courts (Amendment) Ordinance 2001, the Code of Criminal Procedure (Amendment) Ordinance 2001 and the Code of Civil Procedure (Amendment) Ordinance 2001:

1. Justice Sh. Riaz Ahmed, Judge, Supreme Court

2. Justice Ch. Muhammad Arif, Judge, Supreme Court.

3. Justice Qazi Muhammad Farooq, Judge, Supreme Court

4. Justice Sardar Muhammad Raza Khan, Chief Justice, Peshawar High Court

5. Justice Malik Mohammad Qayyum, former Judge, Lahore High Court

6. Justice Gulzarin Kiyani, former Judge, Lahore High Court

7. Mr. Sharifuddin Pirzada Senior Advocate, Supreme Court

8. Mr. Muhammad Akram Sheikh, Senior Advocate, Supreme Court

9. Mr. S.M. Zafar, Senior Advocate, Supreme Court

10. Mr. Zafar Iqbal Gondal, Judge/Deputy Secretary, Ministry of Law, Justice and Human Rights.

11. Mr. Qalandar Ali, Registrar, Peshawar High Court

12. Miss Yasmeen Abbasey, Judge, Small Causes Court, Karachi

13. Judge J. Clifford Wallace to the Chief Justice, United States Court of Appeals, San Deigo, California through Asia Foundation

Bar Councils

14. Secretary, Pakistan Bar Council

15. Mr. Muhammad Ramzan Khalid Joiya, Chairman Punjab Bar Council

16. Secretary, N.W.F.P., Bar Council, Peshawar

Government Departments

17. Ministry of Law, Justice and Human Rights

18. Council of Islamic Ideology

19. Home Department, Government of N.W.F.P.

20. Home Department, Government of Baluchistan

21. Law Department, Government of Baluchistan

22. Home Department, Government of Sindh

Lawyers/Law Teachers

23. Miss Yasmeen Haider Khan, Advocate, Islamabad

24. Ms. Rashida Muhammad Hussain Patel, President, Pakistan Women Lawyer’s Association (PAWLA)

25. Dr. Lucy C. Stout, Emory University, Atlanta, Georgia, USA

26. Professor, Kewal Ram, Shikarpur, Sindh

27. Mr. Mohammad Afzal, Advocate, Islamabad

General Public

28. Mr. Abdul Wahid, Islamabad.

29. Lt. Colonel (R) M. Raza, Peshawar.

30. Haji Nasir Ahmad, Gujranwala.

31. Mr. Qadir Dad Rabbani, Kamalia.

32. Haji Abdul Rashid Zafar, Kahuta.

33. Mr. Bahr-e-Karam Khan, Swat.

34. Mr. Bashir Ahmad, Kharian.

35. Mr. Muhammad Abdullah Aamir, Mianwali.

36. Mr. Manzur Ahmad Joya, Multan.

37. Chaudhry Khalid,.

38. Chairman, DFA. Abbottabad.

39. Ms. Nighat and Ms. Ghazala, representatives of “Shirkat Gah”.

40. Mr. Nazir Ahmad Naz, Lahore

41. Mr. Rafique Khan, Hari Pur

42. Mr. Rab Nawaz, Fateh Jhang

43. Dr. Ghulam Murtaza Azad, D.G.R., Council of Islamic Ideology, Islamabad.

44. Miss Zarqa Ali, Karachi.

45. Mr. Abdul Shakoor Khan, Islamabad

46. Miss Nazeera Balouch, President, Women Development Trust, Jaffarabad.

47. Syed Shams ud Din, Director, Amnesty International, Pakistan.

Appendix (vi)

Public Awareness Scheme

Translation of Laws into Urdu

1. Law of Marriage

2. Law of Divorce

3. Law of Dower

4. Law of Inheritance

5. Law of Gift

6. Law of Waqf

7. Law of Pre-emption

8. Rent Laws

9. National Registration Act 1973 (Importance of N.I.C. & Procedure for Obtaining)

List of Issues/Subjects Pending

1. Motor Vehicle Ordinance 1965 (Procedure for Vehicles Registration, Claiming Damages/Compensation for Accidents, Observing Traffic Laws, etc)

2. Procedure for Obtaining Domicile Certificate: its Need and Importance

3. Procedure for Registration of F.I.R’s and Police Investigation

4. Procedure for Registration of Voters and Casting of Vote, Prohibition of Corrupt and Illegal Practices in Elections

5. Functioning of Federal and Provincial Ombudsmen, their Jurisdiction, Powers and Procedure

6. Procedure for Transfer of Immovable Property

7. Procedure for Obtaining Succession Certificate and Letter of Administration by Legal Heirs

8. Prohibition of Smoking by Children

9. Provision and Procedure for Obtaining Free Education by Workers’ Children

10. Procedure for Child Registration at Birth

11. Suit for Defamation/Claiming Damages

12. Procedure for Filing Complaints Against High Pricing, Low

Weight/Measurement, Sub-standard Quality of Food Stuff.

Appendix (vii)

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, 11^th 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 20^th 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 7^th 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 17^th 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, 1^st 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 Scotland 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 4^th 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 3^rd 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/