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ANNUAL REPORT 2003

LAW & JUSTICE COMMISSION OF PAKISTAN &

NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE

LAW & JUSTICE COMMISSION SECRETARIATSUPREME COURT BUILDING,

CONSTITUTION AVENUE,ISLAMABAD

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The Annual Report 2003 is available on the Commission‘s website. For further information, please contact the Commission’s Secretariat at the following address:

Law & Justice Commission of PakistanSupreme Court BuildingConstitution AvenueIslamabad, Pakistan

Tel: 092-51-9220483Fax: 092-51-9214416

email: [email protected]

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Table of Contents

ForewordSecretary’s Report

1. Law and Justice Commission & National Judicial (Policy Making)

Committee…………………………………1.1 The Statutes……………………………………………………….

……………………….1.2

Functions…………………………………………………………………………………….

1.3 Composition……………………………………………………..…………………………

1.4 Library & Computerisation……………………………………………1.5 Bio-data of

Members……………………………………………………………………1.6 Commission’s Secretariat……………………………………..

…………..………

2. Performance of the Commission and NJPMC in 2003……………………

2.1 Law and Justice Commission……………………………………………………

2.2 National Judicial (Policy Making) Committee………………………….

2.3 Governing Body of Access to Justice Development Fund……….

2.4 Reports Approved in 2003……………………………………………..………..

2.5 Implementation of Recommendations…………………………………….

2.6 Automation Plan - Moving Ahead With Implementation………….

2.7 Public Awareness Scheme………………………………………………………..

2.8 Commission/NJPMC Publishes Annual Reports of the Courts…..

3. Access to Justice Development Fund………………………….…………………..

4. Commission’s Website………………………………………………………………………..

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5. Other Activities…………………………………………………………………………………..

6. Procedure of Selection of Projects…………………………………………………..

7. Commission’s Finances……………………………………………………………………….

8. Relations with other Law Commissions…………………………………………….

9. Annexures

9.1 List of Reports (Annex I)………………………………………………………………

9.2 Public Awareness Scheme (Annex II).…………………………………………

9.3 Pending Projects (Annex III)…………………………………………………………

9.4 Address of Other Law Commissions (Annex IV)……………………………

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ForewordI am glad that the Secretary, Law & Justice Commission of Pakistan is publishing the Annual Report 2003 of the Law & Justice Commission of Pakistan (LJCP) and the National Judicial (Policy Making) Committee (NJPMC). This brief but succinct work provides an overview of the Commission and its Secretariat’s organizational setup and activities during 2003.

The past year has been significant in the Commission’s institutional life for more than one reason. Most importantly, it was the first year in business of the reformed Law & Justice Commission of Pakistan, which was entrusted with an expanded role and a number of new functions and responsibilities. A great deal of effort and time was spent during the year on defining and putting in place new organizational arrangements for managing the new role and mandate of the LJCP. Considerable effort went to operationalise the newly created National Judicial (Policy Making) Committee (NJPMC) and establish its linkages with the Commission. It would therefore be pertinent to share with you the progress made in different areas particularly with reference to the new functions entrusted to LJCP and the responsibilities of NJPMC.

Law and Justice Commission have been entrusted with the management of US $ 25 million Access to Justice Development Fund (AJDF) endowment. The seven windows of this Fund provide resources to address some of the chronic problems of the judicial and legal sector, such as legal empowerment, legal education, resources for the subordinate courts, training and capacity building. During 2003, this fund was partially capitalized as the Government disbursed an amount of Rs.754 million. The balance amount of Rs.725 million is being released and Governing Body of the AJDF has approved its investment in the Pakistan Investment Bonds. Specialized in-house expertise is being developed to manage the Fund and necessary rules/regulations for its disbursement are being prepared and will be shortly notified.

The functions of LJCP Secretariat in the field of legal and judicial research have been enlarged. The Secretariat is also to furnish secretarial assistance to the National Judicial Policy Making Committee, thus it has a key role in identifying constraints and recommending strategies for improvement of judicial administration and policy making in the country. This new responsibility necessitates the formulation and adoption of a revamped approach to research, which combines the academic with the practical and also the development of suitable in-house capacity in this field. The work in this area is also in progress and the Government have agreed to provide the necessary additional staff and resources.

Another function entrusted to the LJCP is dissemination of legal literacy to promote rule of law, consciousness of rights and responsibilities

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amongst the citizens, and public accountability of state institutions. Such efforts of LJCP will particularly focus on instilling legal awareness amongst the vulnerable groups such as women, children, labor and others. At the moment, the LJCP Secretariat has little support resources to perform this function. However despite such constraints, the Secretariat prepared some 60 reports under the Public Awareness Scheme and got it published through print/electronic media. These are currently being published in Volume 2 of the Commission’s publication titled ‘Qanun Fehmi’.

With a view to ensuring quick and inexpensive dispensation of justice at the grassroots level, the LJCP recommended establishment of Small Claims and Minor Offences Courts for trial of certain categories of cases through a shortened procedure. Although the Government of Pakistan promulgated the Small Claims and Minor Offences Courts Ordinance in the year 2002, yet no further steps for establishment of the requisite courts under the Ordinance were taken. Now through notification dated 5th July 2004 the Government of Pakistan has fixed 15th July 2004 to be the date on which the aforesaid Ordinance shall come into force. Thereafter the Secretary, LJCP was directed to approach the Provincial Governments for establishment of said courts in consultation with the Chief Justices of the respective High Courts. After these courts are established, it is hoped that the dispensation of justice at the district level will further improve.

I am pleased to inform you that the Law and Justice Commission has for the first time published the National Judicial Statistics of Pakistan and the annual reports of the Supreme Court, Federal Shariat Court, High Courts, Subordinate Courts and Special Courts/Administrative Tribunals with the help of one time consulting and financial support from the AJP Program. This is again a statutory function and is currently being regularized and institutionalized.

I am happy to state that the LJCP and NJPMC together with their sub-committees held regular sessions during the last year. It scrutinized and approved several reports. The recommendations have already been forwarded to the Government for implementation. I trust they will receive the serious consideration of the Parliament and Provincial legislatures.

For their efforts and work during the past year, I would like to congratulate the staff of the Secretariat. I hope that the members and professional staff of the Commission will continue to work diligently to achieve the goals of the Commission and efficiently discharge their new responsibilities.

(Nazim Hussain Siddiqui)

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Chairman

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Secretary’s Report

The Law and Justice Commission of Pakistan is a Federal Government institution, established under an Ordinance (XIV) of 1979. The Commission is headed by the Chief Justice of Pakistan and performs its duties and functions with the support of a permanent Secretariat, provided by the Federal Government.

This brief write up is aimed at sharing with you the duties of the Commission and the corresponding responsibilities of its Secretariat. It will also touch upon the organizational features of the Secretariat and main highlights of its performance in 2003.

Commission’s Responsibilities

Towards the end of 2002, some major amendments were introduced to the Commission’s Ordinance, thereby expanding its mandate. The Commission has been assigned wide functions including the reform/modernization of laws (federal and provincial), reform in the administration of justice, improving the standard of legal education, and dissemination of legal literacy through simple explanations of laws.

The expanded role of the Commission now also includes preparing and executing schemes for human resource development for efficient court administration and case management, coordination of judiciary and executive, preparing and implementing plans for access to justice, provision of legal aid and protection of human rights.

The Commission has also been entrusted the responsibility to administer the Access to Justice Development Fund, meant for improving the capacity and performance of the subordinate courts, improving the standard of legal research and education, judicial training and provision of legal aid to needy and deserving persons.

The Secretariat of the Commission has been given the statutory responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee, which has been set up in 2002 as the apex national forum for formulation and implementation of judicial policy. The NJPMC is headed by the Chief Justice of Pakistan and comprises the Chief Justice, Federal Shariat Court and four Chief Justices of High Courts. The Secretary, Law and Justice Commission of Pakistan is designated as Secretary to the Committee. It has also since become functional and meets regularly.

The Committee is mandated to formulate and implement judicial policy and prepare schemes for improving the capacity and performance of the administration of justice. For this purpose, the Commission’s Secretariat has provided regular support to the Committee in 2003. A number of

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papers and briefs were prepared for the consideration of the NJPMC and the decisions made by the Committee have been recorded in the relevant part of this report.

Secretariat’s Strength & Resources

The Commission’s Secretariat is headed by a Secretary and comprises posts for research and ministerial staff. The sanctioned research posts include two Joint Secretaries, two Deputy Secretaries and two Research Officers. The ministerial staff’s sanctioned strength is 48 personnels.

In keeping with the expanded role of the Commission, additional staff has been sanctioned by the Government. The process of recruitment shall be soon taken in hand.

The Commission has its own library. A computer network has been installed in the Secretariat. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk.

Commission’s Performance

The Commission by the end of 2003, approved and published 62 reports on different issues/subjects and submitted the same to the Government for implementation. A detailed list of such reports is given at Annex 1. In 2003, the Commission approved 10 law reform reports.

The Secretariat also operates a Legal Awareness Scheme for public information and education. Under this scheme, write-ups are prepared in Urdu on legal issues/problems of public concern/interest and published through the news media. A list of such published material is at Annex II. The Secretariat of the Commission also published a Report in Urdu titled “ “ containing 28 write-ups on legal and judicial issues for public education and information. Volume 2 of the Report “ “ is also being published. Citizens are encouraged to obtain further clarification and/or advice on legal issues from the Secretariat by writing or personal contact or on phone. Several other projects of legal/judicial reform are currently under consideration of the Commission. They are at various stages of completion. A list of all pending projects is at Annex III

In 2003, the Commission made some headway in performing its new functions as well. I am pleased to report that the Secretariat published annual reports of the courts of Pakistan This is a major step forward towards establishing transparency and accountability of the judicial system of Pakistan. The Secretariat framed rules and regulations for the operationalization of Access to Justice Development Fund and also assisted the NJPMC in implementing its national vision/plan for the automation of the judiciary. I will not go into the details of these initiatives and the tasks accomplished in 2003 as they have been

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addressed in detail in the section of the Commission’s performance in the report.

A great deal more needs to be done to implement the new vision about the role of the Commission and its Secretariat. This however, requires sustained effort and commitment of substantial additional resources by the Government. The last year has been devoted in articulating the Commission’s case before the Government and in performing the most critical of new functions with support of the limited resources available to the Secretariat. I hope that this year, the Commission will acquire the necessary support from the Government and make headway in performing its new role.

The Commission welcomes interaction with research institutions, professional bodies, jurists, scholars, researchers and citizens on the issues of legal and judicial reform. Views, comments and suggestions for reform of law, improvement in administration of justice, standard of legal education and protection of human rights can be forwarded to the Secretariat.

(Dr Faqir Hussain) Secretary

Islamabad, 15 July 2004

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1- Law and Justice Commission & National Judicial (Policy Making) Committee

1.1 The Statutes

The Law and Justice Commission of Pakistan is a Federal Government institution, established under the Ordinance (XIV) of 1979. Its role and responsibilities have been redefined and expanded by the Law Commission (Amendment) Ordinance, 2002. Its name has also been changed to Law and Justice Commission of Pakistan to conform to the new statutory mandate of the Commission.

The Government of Pakistan has constituted the National Judicial (Policy Making) Committee under an Ordinance (LXXXI) of 2002 to streamline the system of judicial administration in the country. The NJPMC provides a statutory platform to all the superior courts of the federation and the provinces to jointly formulate and implement policies for judicial governance and improved service delivery in the judicial and legal sector.

1.2 Functions

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

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

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

3. removing inconsistencies between Federal and provincial laws;

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

5. introducing reforms in the administration of justice;

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

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

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

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

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

11. managing the Access to Justice Development Fund;

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

This list includes the new functions, which have been entrusted to Law and Justice Commission vide the amendments made to Law Commission Ordinance in 2002. The Commission is required to publish an annual report of its activities and such other periodic or special report as may be recommended for reformation of the legal/judicial system. The reports are submitted to President of Pakistan.

The National Judicial (Policy Making) Committee has been entrusted with the following functions:

1. improving the capacity and performance of the administration of justice;

2. setting performance standards for judicial officers and persons associated with performance of judicial and quasi-judicial functions;

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

4. publication of the annual or periodic reports of the Supreme Court, Federal Shariat Court, High Courts and courts subordinate to High Courts and Administrative courts and Tribunals.

The Committee is required to publish an annual report of its activities and such other periodic or special reports, relating to its functions. The reports are submitted to President of Pakistan.

1.3 Composition

The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Senior Adviser to the Prime Minister on Foreign Affairs and Law & Justice, Attorney General for Pakistan, Principal Secretary, Ministry of Law &

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Justice, Chairperson, National Commission on the Status of Women and one representative from each of the four provinces.

The non-officio members of the Commission are appointed for a period of 3 years. They are appointed by the Government on the recommendation of the Chairman of the Commission. Under the amendments made to the Law and Justice Commission Ordinance in 2002, the Chairman of the Commission can also appoint a suitable person(s) as a member (s) for a specified period to perform specified function.

The National Judicial (Policy Making) Committee is headed by the Chief Justice of Pakistan and includes Chief Justice, Federal Shariat Court, and Chief Justices of four provincial High Courts. The Secretary, Law & Justice Commission is designated as Secretary to the Committee.

1.4 Library & Computerisation

The Commission has its own library with a collection of 4800 reference books and law reports. The staff has also access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission i.e. its composition, functions, reports already approved/published and pending projects. The courts annual reports for the year 2001 and 2002 are also hosted on the web.

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1.5 Biodata of Members

A brief introduction of the members of the Commission and NJPMC follows ChairmanMr. Justice Nazim Hussain Siddiqui(Appointed on 31 December, 2003)

Mr. Justice Nazim Hussain Siddiqui son of Late Mukarram Hussain Siddiqui was born on 30 June 1940. Did B.A, LL.B. from University of Hyderabad; LLM from University of Karachi. Practiced as Lawyer at Hyderabad for 4/5 years. Served as Civil Judge; Senior Civil Judge; Additional District & Sessions Judge; District and Sessions Judge at Sukkur and Dadu; Registrar, High Court of Sindh (twice); Customs Judge (thrice); Special Judge, Anti-Corruption; Special Judge, Banking Court; Chairman, Commercial Court and Drug Court; Member, Appellate Insurance Tribunal; Presiding Officer, Labour Court; Member, Supreme Appellate Court/Tribunal; Chairman, Institute of Business Administration (I.B.A) Karachi; Member, Board of Governors of Aga Khan University, Karachi; Member, Board of Governors of Indus Valley School, Karachi; Chairman, Central Zakat Council of Pakistan, Islamabad; Member, Selection Board of the Quaid-i-Azam University, Islamabad.

Elevated as Judge, High Court of Sindh on 24th March, 1992; Appointed as Chief Justice, High Court of Sindh on 22nd April, 1999;

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Appointed as Judge, Supreme Court of Pakistan on 4th February, 2000 and appointed as Chief Justice of Pakistan on 31st December, 2003.

Ex-Officio Chairman of: Law and Justice Commission of Pakistan; Federal Judicial Academy, Islamabad and National Judicial (Policy Making) Committee and Almizan Foundation. Visited France twice in connection with meetings of the Aga Khan University at Paris; Represented Pakistan in the First U.K. Pakistan Judicial Conference on Child and Family Laws held at London from 15th to 17th January, 2003; Participated in the Second U.K. Pakistan Judicial Conference on Child and Family Laws held at Islamabad from 21st to 24th September, 2003 and hosted and chaired the 7th SAARC Chief Justices Conference held at Karachi on 21st February, 2004.

MR JUSTICE SHEIKH RIAZ AHMED,Former Chief Justice of Pakistan(Retired on 31 December, 2003)

Graduate in Law from University Law College, Lahore; Enrolled as Pleader in 1960, Advocate, High Court in 1962 and Advocate Supreme Court in 1968. Practised law for 14 years; Visiting Lecturer at the University Law College, Lahore from 1969-74; Appointed Assistant Advocate General, Punjab in 1974; Remained Advocate General Punjab from 1980-84. Elevated as Judge, Lahore High Court in 1984; Served as Member, Election Commission and Secretary, Law and Justice Division. Appointed as Chief Justice, Lahore High Court in June 1997; Elevated as Judge, Supreme Court in November 1997. Served as Chairman, Enrolment Committee, Punjab Bar Council; Member, Executive Council, AIOU, Islamabad, Syndicate, Q.A. University, Islamabad, Agriculture University, Faisalabad, Government College, Lahore. Attended Commonwealth Law Officers Conference at Malta in 1994; International Conference on Criminal Law in Brazil in 1995; Commonwealth Judicial Education Institute, Canada in 2000; World Bank Conference at Washington in 2000; 4th Common Law Judicial Conference; and Conference on Judicial Independence at Canada in 2001. Elevated as Chief Justice of Pakistan on 1.2.2002 and in that capacity was ex-officio Chairman, Law & Justice Commission of Pakistan, National Judicial (Policy Making) Committee, Federal Judicial Academy and Almizan Foundation. Retired on 31-12-2003

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Members SYED SHARIFUDDIN PIRZADA,Senior Advisor to Prime Minister &Senior Advocate, Supreme Court

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

MR JUSTICE MOHAMMAD NAWAZ ABBASIJudge Supreme Court of Pakistan,Principal Secretary, Law, Justice & Human Rights Division.

Graduate in Law from University Law College, Lahore in 1969; Holding diploma in labour laws from University Law College, Lahore; Enrolled as an Advocate in 1973, Advocate of High Court in 1975 and Advocate of Supreme Court in 1981; Participated in the Shariah Course of the Shariah Academy of International Islamic University, Islamabad in 1987; Performed functions as Special Prosecutor for the cases in the court of Special Judge Customs from 1983 to 1985; Appointed as Assistant

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Advocate General Punjab in 1985; Nominated as Prosecutor for conducting cases on behalf of the Federal Government in Special Courts for Speedy Trials and appeals before the Supreme Appellate Courts from 1987 to 1990; Conducted large number of Civil, Criminal & Constitutional reported and unreported cases; Conducted arbitration matter before International Arbitration Tribunal in Germany; Member Discipline Committee, Quaid-i-Azam University, Islamabad, from 1986 to 1992; Visiting Lecturer to :Police Academy, Sihala, 1987-88; Muslim Law College, Rawalpindi, Customs Academy Karachi, 1990-91 and Federal Judicial Academy, Islamabad; Elevated as Judge of Lahore High Court in 1992; Elevated as Judge of the Supreme Court of Pakistan on 10.1.2002; Appointed as Principal Secretary, Law, Justice & Human Rights Division w.e.f. 21.6.2003

MR JUSTICE CH. EJAZ YOUSAF,Chief Justice, Federal Shariat Court(since 15 January 2003)

Graduate in Law and holding Master degree in Economics; Enrolled as Advocate in 1976, Advocate of High Court in 1978, Advocate of Supreme Court in 1991; Appointed as Advocate General, Balochistan in 1996, Additional Advocate General, Balochistan in 1992; Special Law Officer by the Federal Ministry of Law, Justice and Human Rights, to conduct cases in the Speedy Trial Court as well as Supreme Appellate Court; Special Prosecutor for Pakistan Narcotics Control Board and Anti-Narcotics Force, Balochistan in 1990; Honorary Lecturer in the University Law College Balochistan from 1983 to 1992; Elevated as Judge of Federal Shariat Court in 1997; Appointed Acting Chief Justice, Federal Shariat Court on 15 January 2003.

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

Practised at the Bar from 1964 -1975; Appointed Additional District & Sessions Judge, Khairpur in 1975; Remained Presiding Officer, Labour Court, Karachi; Additional District & Sessions Judge, Karachi; Draftsman, Law Department, Government of Sindh, Karachi; District & Sessions Judge, Shikarpur; Presiding Officer, Labour Court, Karachi; Special Judge (Custom,Taxation & Anti-Smuggling),Karachi; Chairman, Insurance Appellate Tribunal: Chairman, Drug Court; Judicial Member, Income Tax

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Appellate Tribunal; District & Sessions Judge, Sukkur; Special Judge (Custom, Taxation and Anti-Smuggling), Government of Pakistan, Karachi; District & Sessions Judge, Karachi; Elevated as Judge of High Court of Sindh on 11 January 1997; As Chief Justice, High Court of Sindh on 28 April 2000.

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

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

MR JUSTICE MIAN SHAKIRULLAH JAN, Chief Justice, Peshawar High Court

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

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MR.JUSTICE IFTIKHAR HUSSAIN CHAUDHRY, Chief Justice, Lahore High Court

Mr. Justice Iftikhar Hussain Chaudhry was born in 1946 in a renowned family of Jhelum, Punjab, having a long history of public service. He was educated in Jhelum and Lahore. He studied Law in the Punjab University Law College, Lahore and passed LL.B. Degree examination in first Division in 1970. He worked with his elder brother Chaudhry Altaf Hussain, an eminent and leading lawyer of the region, who became Governor of the Punjab twice. His Lordship started practice in Lahore High Court, Lahore in 1979. He shifted to Rawalpindi in 1981 when Rawalpindi Bench of Lahore High Court was established. He remained Federal Government’s Counsel, Standing Counsel and Deputy Attorney-General for Pakistan prior to his elevation as Additional Judge of Lahore High Court on 7th August 1994. He was appointed as permanent Judge of the Court on 5th June 1995. Having vast and varied experience of legal practice in major areas of law, he can ably deal with Constitutional, Criminal, Civil and Commercial cases which are brought to High Court and has rendered a large number of quality judgments in various branches of law. He was appointed as 36th Chief Justice of Lahore High Court on 7th September 2002. He is computer-literate and has widely traveled. His areas of interest are travel and studying history, culture and information technology.

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MR MAKDOOM ALI KHAN,Attorney General For Pakistan

Graduate in Law from University of Karachi, Pakistan and University of Cambridge, England; LL.M. from London School of Economics and Political Science, England; Enrolled as Advocate, High Court of Sindh, 1977; Barrister, England & Wales, Society of Lincoln’s Inn, 1978; Enrolled as an Advocate, Supreme Court of Pakistan in 1989 and Senior Advocate, Supreme Court of Pakistan in 2001; Lecturer in Law, University of Keele, England, 1979 -1980; Professor of Law, Law Faculty, University of Karachi; (S.M. Law College) 1980-88, Attorney General for Pakistan since 24th September 2001.

JUSTICE (RETD) MAJIDA RAZVI,Chairperson, National Commission on the Status of Women

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

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SYED AFZAL HAIDER, Senior Advocate, Supreme Court

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

MUHAMMAD ASLAM CHISHTI,Senior Advocate, Supreme Court

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

MR. M. SARDAR KHAN,Senior Advocate, Supreme Court

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1.6 Commission’s Secretariat

The Secretariat of the Commission is established under Section 5 of the Law & Justice Commission of Pakistan Ordinance. It is part of the Federal Secretariat and is headed by a Secretary and comprising other officers and staff. The functional strength of the Secretariat consists of a Secretary, two Joint Secretaries, two Deputy Secretaries, two Research Officers and other support staff, given below in the organizational chart.

Under Section 8 of NJPMC statute, the Secretariat of the Commission has been entrusted with the responsibility to act as the Secretariat to the National Judicial (Policy Making) Committee as well. This new responsibility has greatly enhanced the staffing and resource needs of the Commission’s Secretariat and efforts are being made to cater for the new requirements with the support of the Government. In the first phase 13 posts of professional and technical staff were recently created to strengthen the capacity of the Commission. Process will soon be initiated to fill the posts.

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Secretary

Joint Secretary-I

Deputy Secretary-I

Research Officer-I

Joint Secretary-II

Deputy Secretary-II

Research Officer-II

LibrarianComputer

ProgrammerSupdt. Admin.Supdt. Res. &

Ref. Accountant

Computer

Section

Admin. & Gen. Section

Protocol and Transport Section

Bud. & Acctt. Section

Res. & Ref. Section Library

2. Performance of the Commission and NJMPC in 2003

Chief Justice of Pakistan is chairing the National Judicial Policy Making Committee

During the year, the Law & Justice Commission of Pakistan (LJCP) and National Judicial (Policy Making) Committee (NJPMC) held several Sessions to consider and approve proposals for reform of law and improvement in the system of judicial administration in the country. A total of four meetings were held by the 2 bodies, one of the LJCP and three of the NJPMC. In addition, two meetings of the Governing Body of the Access to Justice Development Fund (AJDF) were also held. The Governing Body is responsible for the administration and management of the AJDF. The US $ 25 million is an endowment grant from the Federal Government for improvement in the system of administration of justice in the country. The Governing Body administers and manages the Fund. The Fund is for strengthening the capacity of the subordinate courts, judicial training, improvement in the quality of the legal education, research/innovation in law/administration of justice and provision of legal aid to needy and deserving segments of the society. The Governing Body deliberated upon ways and means to find better modes of investment of the Fund and ensure its utilization for the specified objectives. Other sub-committees of the LJCP/NJPMC, constituted also held sessions to formulate proposals for the approval of the two bodies.

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The Secretariat of the Commission, which is also required to provide secretarial assistance to the NJPMC, worked very hard to cope with the enhanced mandate and increased responsibilities of the two bodies. The Secretariat prepares the initial work/theme papers and places it on the agenda for the consideration of LJCP or NJPMC, as the case may be. The deliberations in the meetings and advise/guidance for improvement, are added to the papers. A paper finally approved by the LJCP/NJPMC is published in the form of report and submitted to the Federal/Provincial Government for implementation.

2.1 Law and Justice Commission

The Commission made the following decisions/recommendations in the meeting held on 11 October, 2003:

i. approved the addition of section 172A to the Pakistan Penal Code to provide for the punishment of absconder and also approved an amendment to section 87 of the Code of Criminal Procedure 1898 providing for proclamation to be published in at lease 3 national newspapers including one in Urdu language and one in the regional language, requiring the person absconding to appear before the court and face trial;

ii. approved the proposal to amend the Medical Rules of Government Servants for inclusion of second wife in the definition of family so as to make her eligible for medical facilities;

iii. approved an amendment to Land Revenue Rules 1968 for making appointment of numberdar (Village Headman) on merit instead of principle of primogeniture;

iv. considered in depth the pros and cons of the proposal for prohibition of excessive expenditure on marriage ceremony and dowry and decided-

1. serving of single dish to limited number of guest in valima and barat function be allowed and the provisions of the Punjab Marriages Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Act 2003 should be followed for the purpose of definition of a single dish, number of guest and penalties; and

2. the law should be uniformly implemented and the ban on ostentatious displays of wealth through wasteful expenses and display/exhibition of dowry, etc should be strictly enforced;

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v. approved the draft seeking amendment to enhance the sums mentioned as penalties in the Children (Pledging of Labour) Act 1933 to bring it at par with the penalties prescribed in the Employment of Children Act 1991, and ensure conformity with the International Convention on the Rights of the Child 1989;

vi. approved the proposal to enhance the sums/value of the property given in the sections 427, 428, 429 and 435 of the Pakistan Penal Code 1860, so as to bring them in line with the present day reality;

vii. with regard to the effective enforcement of female share in inheritance, the Commission decided -

1. the honourable Chief Justices of the respective High Courts shall issue instructions to the subordinate courts for quick and prompt disposal of cases pertaining to the shares of women in inheritance;

2. the Secretariat of the Commission shall, under its Public Awareness Scheme, inform the people and, in particular women, of their right of inheritance, the way and manner to realise the same and the forum to approach, in case of denial;

3. the Secretariat will also translate into Urdu the judgments of Supreme Court which emphasize the location and provision of women’s share of inheritance and give it wide publicity through the press and electronic media;

viii. approved the amendment in Section 11-A, 11-B and 11-C of the Security of

Pakistan Act 1952 in accordance with the ruling of the Supreme Court of Pakistan

ix. approved the draft seeking to enhance the limit of value of property owned by a person to qualify as a pauper for claiming exemption from court fee.

x. approved the report on expediting trial proceedings with the observation that all problems, factors responsible for delay in trial proceedings should be addressed and appropriate remedies suggested to ensure the prompt disposal of cases.

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Chairman and members of the Law and Justice Commission.

Chair (L to R) Mr.Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court;Mr.Justice Raja Fayyaz Ahmad, Chief Justice, High Court of Balochistan; Mr.Justice Ch.Ejaz Yousaf,Chief Justice, Federal Shariat Court; Syed Sharifuddin Pirzada, Senior Advocate Supreme Court, Mr Justice Sh.Riaz Ahmad, Chief Justice of Pakistan (Chairman); Mr Justice Mohammad Nawaz Abbasi, Judge Supreme Court of Pakistan, Principal Secretary, Law, Justice & Human Rights Division, Mr. Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh; Mr. Justice Mian Shakirullah Jan, Chief Justice, Peshawar High Court;Standing(L to R) Syed Afzal Haider, Senior Advocate, Supreme Court, Justice (Retd) Majida Razvi, Chairperson, National Commission on the Status Of Women, Mr. Muhammad Aslam Chishti, Senior Advocate, Supreme Court, Dr. Faqir Hussain, Secretary, Law & Justice Commission.

2.2 National Judicial (Policy Making) Committee

Members of the National Judicial Policy Making Committee

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The National Judicial (Policy Making) Committee has met regularly since become functional. The detail of the discussion/decisions made in the three meetings held during 2003 is as follows:

The following decisions were made in the meeting held on 25 January 2003:

i. The Committee approved the Courts Automation Plan prepared under Access to Justice Programme. Under this plan, computers will be installed in the Supreme Court, High Courts, Ministry of Law, Law & Justice Commission and Federal Judicial Academy. The Automation Plan, in the second phase, will be extended to provide computers to all the courts at the District level. The Plan envisages the preparation of appropriate software to automate the courts’ serving functions such as preparing cause list, case-flow management, budget and accounts system, personnel system, etc.

The following decisions were made in the meeting held on 27 September 2003

i. The National Judicial (Policy Making) Committee deliberated upon several proposals to improve the system of administration of

justice in the country and examined ways and means to clear the backlog of cases and expedite trial proceedings to ensure quick dispensation of justice to the litigant public. In this regard, the meeting approved various measures to strengthen the capacity of courts including appropriate increase in the number of judges, their training, provision of necessary equipments and court staff and essential reforms in procedure to remove hurdles causing unnecessary

adjournments and delays in trial. ii. The meeting also examined the proposal of improving the terms

and conditions of service and emoluments of judges, working in the subordinate courts as well as the court staff by recommending appropriate incentives for them to improve their performance. The National Judicial (Policy Making) Committee expressed the view that the recruitment and service rules should be revised so as to ensure the induction of capable and qualified people into the judicial service with improved prospects of further promotion. The meeting further expressed the view that the present salary package of the judges of subordinate courts is low in as much as it is not sufficient to meet the genuine needs of the family. It therefore recommended the provision of enhanced emoluments to judges. It recommended additional Judicial Allowance @ Rs. 5000/- per month to District and Sessions Judges, Additional District and Sessions Judges and Senior Civil Judges and Rs. 4000/- per month to civil judges and judicial magistrates. Further, it also recommended the payment of allowance equivalent to 10% of the

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utility charges to judges of the subordinate courts and the court staff. The meeting further recommended the provision of residential accommodation and pool of transport to solve the transportation problems of judges. The meeting further decided that additional financial incentive and other facilities such as residential accommodation and transportation should be offered to women so as to encourage them to joint the judicial service.

iii. The NJPMC also considered the proposal of the Ministry of Information Technology to provide computers to District Courts and District Bar Associations. The district judiciary and members of the bar will also be offered free Internet service to judicial data in digital form including case law and statutory law.

iv. The meeting appreciated the scheme of publishing the annual reports of the Supreme Court, Federal Shariat Court, High Courts, Subordinate Courts as well as Special Courts and Administrative Tribunals by the Law & Justice Commission. The reports shall contain data of cases instituted, disposed of as well as pending. This will bring about greater transparency and accountability of the judicial system, the meeting observed.

The following decisions were made in the meeting held on 29 December 2003:

i. The Committee considered and approved the provision of essential equipment such as personal computers, photocopiers, fax machines and motorcycles, for Process Servers to the Banking Courts and Tribunals so as to facilitate them in the timely disposal of cases.

ii. The Committee decided that the proposed amendments in Banking Laws/Procedure will be examined by the Secretariat of the Committee and final draft thereof will be considered in a future meeting.

iii. It was also decided that to facilitate the lawyers, litigant parties and the general public, in future all the Courts at a particular station, namely, Civil Courts as well as Special Courts and Tribunals will be housed together in a single Judicial Complex. The Committee observed that this step will surely avoid adjournment of cases and expedite the quick disposal of cases.

iv. The NJPMC reviewed progress with the case of grant of judicial allowance to the Judges of the Subordinate Courts and allowance equivalent to 10% of salary by way of utility charges to the Judges and staff of the Subordinate Courts, already recommended by it and forwarded to the Government for implementation.

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v. The Committee examined the state of implementation of the Automation Plan. The Committee advised to expedite the finalization of the standardized case categories’ list and lawyers’ data form for preparation of the appropriate software. Under this mechanism, the cause lists prepared by all the Courts will be made available on the internet for the benefit of lawyers as well as the litigants and for information of the general public.

vi. The Committee expressed satisfaction over the pace of publication of the annual reports of all the Courts including the Supreme Court of Pakistan, Federal Shariat Court, High Courts, Subordinate Courts as well as Special Courts and Tribunals. The Annual Report of the Supreme Court has already been published and the remaining reports will be published in a month’s time. The Committee expressed the view that the publication of the reports by the Judiciary is an important step towards establishing transparency and accountability in the performance of Courts. Through such reports, the Judiciary will share with the general public all the necessary data including institution and disposal of cases in various Courts. This will facilitate the Judiciary to gauge the future trends in filing of cases in the Courts and making plans for building the capacity of Courts to ensure expeditious dispensation of justice in the country.

vii. The Committee examined the problem of delays being caused in release of funds for various judicial projects, under the Access to Justice Programme. The Committee resolved that a meeting of the NJPMC should be convened in the near future to which the Principal Secretary, Law & Justice Division, Finance Secretaries of the Federal and the Provincial Governments should be invited to streamline the process of timely release of funding for various developmental projects of the courts.

2.3 Governing Body of Access to Justice Development Fund

The Governing body made the following decisions in its meeting held on 27 September 2003

i. The meeting took decisions for the investment of the Access to Justice Development Fund to generate income/profit to be utilized for strengthening the capacity of subordinate courts, training of judges, provision of amenities and facilities to litigant public in courts premises, promotion of legal education and provision of legal aid to needy and deserving persons. It was resolved that the Fund would be invested in schemes which are secure and offer better return.

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ii. The Chairman stated that the Fund should be managed efficiently, without having to create a large bureaucracy to strain the Fund.

iii. It was resolved that the Chairman will have meetings with the Heads of various financial institutions to explore safe and relatively better yielding schemes of investment.

iv. The Secretary, Finance offered technical assistance by way of

services of qualified staff in his Ministry to assist the Governing Body in the effective management of the Fund and its investment in appropriate schemes. He proposed the investment of the Fund in schemes that carry Government sovereign certification such as PIB’s, which offer relatively higher rates of interest. He also favoured the management of the Fund by a lean team of an investment advisor and a director each for management of accounts, audit and operations.

v. The meeting granted ex-post-facto approval for opening of the AJDF Account in the National Bank and its operation by the Chairman and Secretary, LJCP, being members of the Governing Body, AJDF.

vi. The Governing Body also approved the proposal of prescribing in the AJDF Rules or Byelaws that the Chairman should appoint the external auditor of the Fund with the concurrence of the Auditor General of Pakistan. This will bring about greater transparency and operate as an effective check on the management of the Fund.

vii. The Body also approved the letter already sent to the Ministry of Religious Affairs seeking exemption of the Fund from the deduction of Zakat, it being an endowment grant of the Government.

viii. The Body further deliberated upon the problem of expected low yield of the AJDF, on account of declining rates of interest. The Secretary, LJCP pointed out that at the time when the Fund was conceived, the prevalent interest rates were fairly high and as such better yield was expected to meet the stipulated objectives namely strengthening the capacity of subordinate courts, giving amenities and facilities to litigants and witnesses in court premises, training of judicial officers, improvement in the quality of legal education, innovation in legal/judicial system and provision of legal aid to needy and deserving segments of the society. It was resolved that initially better avenues/modes of investment be explored for the Fund and the question of shortage may be taken up at a later stage.

The following decisions were made in the meeting held on 29 December 2003:

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i. The Committee approved the proposal that through an appropriate amendment in the AJDF Rules, the Fund should be made auditable by the Auditor General of Pakistan. The Governing Body of the AJDF will however be competent to govern/administer the Fund and decide about the investment policy/schemes, as provided in the AJDF Rules.

ii. The Secretary informed that as per an earlier decision of the Governing Body, AJDF, he has written to the Presidents of the various Banks to submit bids, quoting PIBs rates and various Term Deposit Schemes for the investment of the Fund and that their quotations have already been received and circulated to the Members. The Chairman informed that he has discussed various investment options of the Fund with some banks to prepare suitable such schemes. After deliberations, it was resolved that the issue be decided in the next meeting of the Governing Body, AJDF.

The Governing Body of the Access to Justice Fund is in Session

2.4 Reports Approved in 2003

During the Year 2003, the Commission approved 9 reports on legal/judicial reform and forwarded its recommendations to the Federal Government for implementation.

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Report No 53: Amendment in the Pakistan Penal Code 1860 to provide Punishment for Absconding from Trial

The Commission examined the problem of accused person absconding from trial, which hampers investigation and delays trial proceedings and thus tantamount to obstructing the course of justice. The Commission noted that the accused person after committing the offences remained absconded for longer period to avoid arrest and get the benefit of acquittal or lenient sentences awarded to the other co-accused in the case. After due consideration of the problem, the Commission decided that a new Section 172-A shall be added to the Pakistan Penal Code as under:

“172-A.- Punishment for an absconder.- Whoever being accused of an offence under this Code or under any other law for the time being in force, absconds or avoids arrest or evades appearance before any inquiry or trial or court proceeding or conceals himself, and obstructs the course of justice, and against whom a warrant of arrest has been issued by the court or proclamation has been published, shall be liable to imprisonment for a term not exceeding three years or with fine or with both”And so as to prevent any possible abuse of the law, the Commission also approved an appropriate amendment to Section 87 of the Code of Criminal Procedure as a safeguard. The amendment provides for a proclamation to be published in at least three national newspapers, including one in Urdu language and one in the regional language, requiring the person absconding to appear before the court and face trial.

Report No 54: Reforming the W. P. Requisitioning of Immovable Property (Temporary Powers) Act 1956.

The Commission noted that the Government of and on makes requisition of immovable property under the provisions of the W. P. Requisitioning of Immovable Property (Temporary Powers) Act 1956 for different purposes. The Supreme Court of Pakistan has already held that the private property shall be requisitioned only for the public purpose. The Commission approved amendment in the W.P. Requisitioning of Immovable Property (Temporary Powers) Act 1956 to ensure that the power of the Government to requisition private property is exercised in public interest alone and subject to prompt payment of the market value/rates of the property. Further, if the amount of compensation is not paid within three months, the order of requisition shall be deemed to have been revoked and such property shall stand released.

Report No 55: Amendment in the Children (Pledging of Labour) Act 1933

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The Commission noted that the penalties prescribed under the Children (Pledging of Labour) Act 1933 are on low side, therefore, the Commission recommended the enhancement of the penalties prescribed under the said Act and enhanced the penalty to twenty thousand rupees and in case of second conviction of the accused under any provision of the said Act, the punishment shall be imprisonment for minimum of six months and maximum of two years or penalty of twenty thousand rupees or both.

Report No 56: Amendment of Sections 11-A, 11-B & 11-C of the Security of Pakistan Act 1952

The Commission approved amendment to Sections 11-A, 11-B & 11-C of the Pakistan Security Act 1952 to the effect that any adverse action as to confiscation or sale of any enterprise/undertaking in the interest of national security, defence or external affairs, shall be made subject to reasonable grounds and the owner/management of the property be given an opportunity of hearing before the action is taken. The aggrieved party will have the right to seek review of such an action. Appeal against an order of the executive authority will lie to the District Judge and a further appeal to the High Court. The decision of the High Court shall be final.

Report No 57: Amendment in Sections 427, 428, 429 & 435 of Pakistan Penal Code 1860

The Commission reviewed Sections 427, 428, 429 & 435 of the Pakistan Penal Code dealing with the offence of various forms of mischief and approved enhancement of sums/amounts stipulated in the said sections, to bring the law in accord with the present-day requirements of the society.

Report No 58: Enhancing the Limit Prescribed to File Suit in forma Pauperis

The Commission approved an amendment in Rule 1, Order XXXIII of the Code of Civil Procedure 1908 to enhance the ceiling fixed for a pauper to get exemption of payment of court fee. As a result of the amendment, the ceiling earlier fixed as one thousand rupees has been enhanced to twenty-five thousand rupees.

Report No 59: Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry

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The Commission considered various proposals for amendment of laws on the subject. It took notice of ostentatious displays and wasteful expenditure being incurred on marriage ceremonies including the serving of lavish meals in Waleema, decorations, aerial firing, cracking of explosives and the exhibition of dowry. It bemoaned the poor implementation of the law in the country. After an in-depth discussion of the pros and cons of the matter, the Commission recommended that the law should be appropriately amended to provide for the serving of a single dish only, to a limited number of guests, not exceeding 300, in the Waleema and Barat functions. It further recommended the strict enforcement of the law so that there is no ostentatious display of wealth through wasteful expenses and to enforce the ban on display or exhibition of dowry items during marriage festivities. The Commission also concurred to follow the provision of the Punjab Marriages Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Act 2003 to the extent of definition of single dish, number of guests, penalties, etc and recommended that the law should uniformly be implemented and the ban on ostentatious display of wealth through wasteful expenses and display/exhibition of dowering etc should be strictly enforced.

Report No 60: Report on Expediting Trial Proceedings

The Commission examined the report on Expediting Trial Proceedings in detail and approved certain amendments of procedural nature to expedite the trial proceedings in the court. Such amendments include expeditious investigation, submission of challan within the stipulated period, eliminating unnecessary adjournments and other measures to expedite the pace of litigation.

Report No 61: Amendments in the Land Revenues Rules 1968

The Commission approved amendment in the Land Revenue Rules 1968, to the effect that for the appointment of Lumberdar (village Headman), the principle of primogeniture alone is not the correct criteria; it violates the injunctions of Islam as held in a judgment of the Supreme Court. The Commission stated that the appointment of the Lumberdar shall be on merit and consideration should be given to the requirement of honesty, trustworthiness as well as other qualities of head and heart, so as to ensure that the Lumberdar is a fit person for the job.

Report No 62: Amendment in the Federal Services Medical Attendance Rules 1990

The Commission approved amendments in the Government Services Medical Attendance Rules to the effect that in case of second marriage by a Government servant, the second wife should also be included in the definition of family and entitled to medical facilities. Under the present Rules, family includes only parents, wife, children, sisters, minor brothers of Government servant as well as step brothers and sisters.

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The Commission has several law reform proposals pending before it for consideration. The Secretariat has completed working papers on 25 different laws/subjects for amendment of existing laws as well as enactment of new laws. Work on 43 projects concerning reforms of various existing laws is in progress. The list of pending and completed projects is placed at Annex III.

2.5 Implementation of Recommendations

The Commission has so far published 62 reports on review of various laws and referred them to the Federal/Provincial Governments for implementation (see Annex I). The Law Commission Ordinance provides for publication of reports of the Commission and their submission to the President. Thus reports No. 36 to 52 of the Commission were submitted to the President. The remaining reports were sent to the Federal Government/provincial governments to take further action with regard to enactment of the laws through the Parliament/Provincial Assemblies1. The Commission having examined the status of implementation of its recommendations, have from time to time, expressed its dissatisfaction on the slow process of consideration of its proposals by the Federal and Provincial Governments. The status of implementation of Commission’s recommendations in the past few years is given below : By the Federal GovernmentS.No Report

NoSubject Status

1. 32 The Small Claims and Minor Offences Courts Ordinance, 2001

Implemented vide the Small Claims and Minor Offences Courts Ordinance, 2002 (XXVI of 2002, dated 19.6.2002).

2. 33 The Family Courts (Amendment) Ordinance 2001

Implemented vide the Family Courts (Amendment) Ordinance 2002 (LV of 2002 dated 1.10.2002).

3. 34 Conferring Powers under Section 491(1) (a) (b) of the Code of Criminal Procedure 1898 on the Court of Session.

Implemented vide the Code of Criminal Procedure (Amendment) Ordinance, 2002 (VIII of 2002 dated 9.2.2002).

4. 35 Amicable Settlement of Disputes.

Implemented vide the Code of Civil Procedure (Amendment) Ordinance,

1 The reports are published in the form of book which can be purchased from sale points of the National Book Foundation.

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2002 (XXXIV of 2002 dated 21.7.2002).

5 36 Enhancement of pecuniary original jurisdiction of civil courts

Implemented by Peshawar High Court and High Court of Sindh

6. 37&38 Enhancement of pecuniary original/appellate jurisdiction of District Court at Karachi and other than Karachi in Sindh

Implemented by Government of Sindh

7. 39 Enhancement of punishment of fine under the Pakistan Penal Code

Implemented videThe Criminal Law Reforms Ordinance, 2002 (LXXXVI of 2002 dated 25.10.2002).

8. 40 Amendment of Sections 32, 260 and 261 of the Code of Criminal Procedure 1898

Implemented vide the Criminal Law (Amendment) Ordinance, 2002 (LXXXV of 2002 dated 25.10.2002).

9. 41 Trafficking in Children for use as Camel Jockeys and engaging in hazardous employment

Implemented vide the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002 dated 3.10.2002).

11. 42 Addition of the Offence of Molestation to the Pakistan Penal Code 1860.

Not yet implemented.

12. 43 Right of appeal Against Acquittal to Private complainant under the Anti Terrorism Act 1997.


13. 44 Punishment on bouncing of cheque

Implemented vide the Criminal Law (Amendment) Ordinance

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2002 (LXXXV of 2002 dated 25.10.2002).

14 45 Strengthening Capacity and Expanding the Functions of Law and Justice Commission of Pakistan

Implemented vide the Law Commission (Amendment) Ordinance 2002(LXXX of 2002 dated 9.10.2002)

15. 46 Amendment in Section 345 and the Schedule of the code of Criminal procedure 1898 to make the Offence of Rioting Compoundable


16. 47 Punishment for the Offence of Gang Rape


17 48 Releasing the Female Accused on Bail.


18 49 Examination of Section 54 & 167 of the Code of Criminal Procedure 1898.


19 50 Prohibition of Unauthorized Business of sale/Purchase of National Prize Bond.


20 51 Banning the Tradition of Vani(Giving Female as consideration for compromise).


21 52 Access to Justice Development Fund Rules 2002.


22 53 Amendment in the Pakistan Penal code 1860 to provide Punishment for Absconding from Trial.


23 54 Reforming the W.P. requisitioning of Immovable Property (Temporary Powers) Act 1956.


24 55 Amendment in the Children (Pledging of Labour) Act 1933.


25 56 Amendment in sections 11-A, 11-B & 11-C of the Security of Pakistan Act 1952.


26 57 Amendment in Sections 427, 428, 429& 435 of the


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Pakistan Penal Code 1860.27 58 Enhancing the Limit

Prescribed to File suit in forma Pauperis.


28 59 Amendment in the Federal services Medical attendance Rules 1990.


29 60 Amendments in the Land Revenues Rules 1968.


30 61 Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry.


31 62 Expediting Trial Proceedings.


2.6 Automation Plan - Moving ahead with Implementation

Automation Plan of the judiciary was prepared under Access to Justice Program of the Government of Pakistan. It provides a detailed blue print for the automation of different functions of the judiciary, Law & Justice Commission and some other justice sector institutions.

This Plan was approved by National Judicial (Policy Making) Committee (NJPMC) in its meeting held on 24 Jan 2003. In a subsequent meeting held on 27 Sep 2003, the NJPMC decided to constitute a National Judicial Automation Committee (NJAC) to oversee implementation of the plan. Its composition is as follows:

Chief Justice, Lahore High Court (Chairman)Chief Justice, Federal Shariat Court (or nominee)Chief Justices of NWFP, Balochistan and Sindh High Courts (or their nominees)Principal Secretary, Ministry of Law & Justice or his nomineeA nominee of the Ministry of Information TechnologySecretary, Law & Justice Commission (Secretary)

Although some delay occurred in the formation of National Judicial Automation Committee, this decision of NJPMC has institutionalized the implementation of the Automation Plan. The automation plan proposes a major overhaul of the courts’ information management systems in order to improve the courts’ capacity to administer and manage their work effectively.

This plan provides the phased introduction of computerization throughout the superior courts of Pakistan, the Ministry of Law & Justice, Law & Justice Commission of Pakistan and the Federal Judicial Academy in a medium-term strategic blueprint. Once successfully established, it is

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expected that this project can be extended to the subordinate court system.

Some important measures planned to opertionalise the Automation Plan are:

case flow management monitoring of performance of lower courts by the respective High

Court inspection of lower courts by the respective High Court complaints monitoring system library management system research and reference system archiving of old documents budget and accounts system personnel system fixed assets, procurement and other functions of general branch public inquiry system web site

The centerpiece of the Automation Plan is the case flow management software for automated institution/tracking of cases and generation of cause list. Work done on this software under the Access to Justice Program demonstrated the need for standardization of case categories list and some other data input formats as a preliminary requirement for implementation of the new system. At the moment, all four provincial High Courts under the aegis of the LJC Secretariat to arrive at a standardized case categories list and lawyers’ data collection format.

In addition, the National Judicial Automation Committee is also considering the possibility of constituting Provincial Judicial Automation Committees (PJAC) for each High Court to manage/monitor implementation of the Automation Plan. This step is important to institutionalize automation initiative at the provincial level.

A Management Information System (MIS) Office is proposed to be set up in the Secretariat of the Commission to provide support to the Commission and drive the automation effort of the judicial institutions of the country.

2.7 Public Awareness Scheme

The Commission runs a Public Awareness Scheme where under write-ups are prepared in Urdu on issues/problems of public interests/concern and published through the national press. The purpose is to inform the people of their legal rights/entitlements and describe the procedure for enforcing such rights/entitlements. The material is also hosted on the Commission’s website.

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The Commission published write-ups in Urdu on various subjects in the shape of a book titled ” “ which can be obtained from the sale centres of National Book Foundation at Islamabad and its regional offices. List of topics already completed and pending is included as Annex II.

2.8 Commission/NJPMC publishes Annual Reports of the Courts

Under amendments made to its own law and the NJPMC Ordinance, 2002, the Law and Justice Commission of Pakistan has been entrusted with the responsibility to print court reports on annual basis along the same lines as the other official reports such as the Economic Survey of Pakistan, Report of the Ombudsman’s Office and others. Towards the end of 2003, the Commission’s Secretariat managed to compile the following five reports of the courts:

Supreme Court of Pakistan, 2002 Federal Shariat Court, 2002 High Court of Sindh, 2002 High Court of Balochistan, 2002 Judicial Statistics of Pakistan, 2002 Administration Tribunals and Special Courts, 2002

The publication of the annual reports of the Courts in Pakistan is an endeavour to ensure greater transparency and accountability in the judicial system. Judicial data/statistics indicating institution/disposal of cases and court/judge performance has been included in these reports along with organizational set up, finances and an evaluation of the performance of the institution at the federal/provincial levels. This is indeed a pioneering effort in the Asian-Pacific region, and even beyond.

The data included in the reports can be very effectively used to formulate effective policies for judicial and law and order administration in the country. For example, the following sample statistics not only give us an idea of the huge workload of the courts but also highlight the importance of continued efforts for delay reduction in some of the provinces;

SUMMARY DATA FOR THE SUPREME COURT

CategoryPending cases on 1st Jan 2002

Institution during 2002

TotalDisposal during 2002

Pending cases on 1st Jan 2003

Petitions 8371 11472 19843 7878 11965Appeals 4699 2375 7074 1669 5405

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Total 13070 13847 26917 9547 17370

In the Supreme Court, the total number of pending cases increased by 4300 from 13070 cases to 17370 cases at the beginning of the year 2003. The major increase occurred due to institution of 11472 cases in the petitions category. The Supreme Court disposed more petitions than appeals during the year; however, the overall disposal was less than the fresh institution of cases in each of the two categories during 2002.

SUMMARY DATA FOR HIGH COURTS/SUBORDINATE JUDICIARY

CourtsPending cases on 1st Jan 2002

Institution during 2002

TotalDisposal during 2002

Pending cases on 1st Jan 2003

BALOCHISTANBalochistan High Court 1893 7466 9359 6280 3079Subordinate Judiciary 9603 36648 44254 35846 8408NWFPPeshawar High Court 16941 13569 30510 19631 10879Subordinate Judiciary 135373 331101 466474 307400 159074PUNJABLahore High Court 67867 96959 164826 99141 65685Subordinate Judiciary 958419 761754 172017

3 780611 939562

SINDHSindh High Court 89419 54476 143895 56384 87511Subordinate Judiciary 125137 151778 276915 155358 121557

In the Balochistan High Court, the total pending cases increased from 1893 cases on 1st January, 2002 to 3079 cases on 1st January 2003; while the subordinate courts reduced the number of pending cases from 9603 cases on 1st January 2002 to 8408 cases on 1st January 2003.

In the Peshawar High Court, the total pending cases were substantially reduced from 16941 cases on 1st January, 2002 to 10879 cases on 1st

January 2003. In the Sessions Courts of NWFP, the pending cases figure was reduced from 28384 cases on 1st January 2002 to 27078 cases on 1st

January 2003. The figures for the Civil/Magistrates Courts increased from

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106989 to 131996 despite an increase in disposal of cases from 125092 to 254432 (49 %) during the year. The total figure for pending cases rose from 135373 cases to 159074 cases at the end of the year.

In the Lahore High Court, the total pending cases were reduced from 67867 cases on 1st January, 2001 to 65685 cases on 1st January 2003. In the Sessions Courts of Punjab, the pendency figure was reduced from 70174 cases on 1st January 2002 to 66635 cases on 1st January 2003. The figures for the Civil/Magistrates Courts decreased from 888245 to 872927 during the same period. The overall total of pending cases however increased from 958419 cases to 939562.

In the Sindh High Court, the total pending cases were reduced from 89419 cases on 1st January, 2002 to 87511 cases on 1st January 2003. In the subordinate courts, the total of pending cases decreased from 125137 to 121557.

The aforementioned data indicates that three of the four High Courts have reduced their pending cases at the end of the year; while two of the four subordinate provincial judiciaries have reduced their pending cases at the end of the year.

It is to be noted that the current version of the Annual Reports of the courts is for 2002. This delay was inevitable due to the pioneering nature of the effort and numerous initial problems encountered in the compilation of statistics. It is expected that the Annual Reports for 2003 will be published by September 2004 and the reports for 2004 will be available in the first quarter of 2005, which will then become the regular deadline for the printing and distribution of these works.

The reports and judicial data/statistics are being shared with all stakeholders, in particular judges, lawyers, government functionaries, teaching/research institutions, representatives of NGO’s and the civil society. Advance copies of these works have already been sent to the President and the Prime Minister. The reports are available on the LJC website www.ljcp.gov.pk for the benefit of the public as well as researchers; their hard copies can also be obtained from the Secretariat of Law and Justice Commission in Islamabad.

3. Access to Justice Development Fund

The Government of Pakistan is implementing judicial, legal and police reforms from the platform of its Access to Justice Program. Under this Program an endowment grant of US $ 24 million (equivalent to Rs 1400 million approximately) has been made to the Commission to establish and manage an Access to Justice Development Fund. The first tranch of endowment grant of Rs. 750 Million has been provided to the Law and Justice Commission (June 2003). It has been invested in a secure scheme

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http://www.ljcp.gov.pk/

of the National Bank of Pakistan. The second tranch is in the process of being released to the Commission to complete the capitalization of AJDF. The annual income of the Access to Justice Development Fund endowments is to be distributed in its seven windows, which have specific objectives. The prescribed shares are given in section 6-B of the amended law and reproduced below:

1. Provincial Subordinate Courts (60.3% of endowment income)i. automation of the courts;ii. reliable storage space for records;iii. information kiosks;iv. provision of court-related conveniences and amenities to the

litigants; andv. performance reward for the subordinate judiciary on the

basis of supervision reports and recommendations submitted by the inspection team of the High Courts.

2. Legal Empowerment (13.3%)i. clinical legal aid to clients affected by violation of their

fundamental rights by the executive, especially on matters concerned with criminal justice;

ii. representation in public interest litigation;iii. public awareness and legal literacy campaigns; andiv. awareness on environmental laws.

3. Federal Judicial Academy (4.5%)i training programs for the judiciary including mobile training

arrangements and facilities;ii development of new courses, especially attempts at

innovations; andiii. training and education for non-judicial personnel, e.g.

administrators, registrars and other support staff dealing in policy development and Implementation, case flow

management, budget, planning, information system and record management.

4. Special Projects in the Under-Developed Provinces/Areas (10%).

The eligible expenditure under this window shall be as provided at clauses (1 to 3) or for any other special project.

5. Innovations in or Promotion of Legal Education (4.5%)

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

ii. improving standard of legal education; andiii. efforts directed at improvements in professional standards

of the legal professionals.

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6. Legal and Judicial Research (4.5%)

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

judgments; andii. initiatives to reform laws and advocacy related endeavors.

7. Fund Management (2.7%)

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

ii. purchase of equipment, vehicles and stationary etc;iii. preparation of accounts and balance sheets of the Fund; andiv. payment of fees, salaries, traveling, daily and other

allowances and any other payment to be charged on the Fund.

The Access to Justice Development Fund Rules 2002 have been framed and notified in the Gazette. A Governing Body to invest the Fund and distribute its proceeds to the specified fund windows has been constituted under the rules with the Chief Justice of Pakistan/Chairman of the Commission as its head, and Chief Justices of 4 provincial High Courts; Secretary, Law & Justice Division; Secretary, Finance Division and Secretary, Law & Justice Commission, as members. New rules to prescribe accounting procedure, investment policy, etc. are in the process of being formulated.

4. Commission’s WebsiteThe Commission is equipped with computers, which are interlinked through network. All the officers of the Secretariat have the facility of computers. The Commission also has its website i.e. www.ljcp.gov.pk. It contains detailed information about the functions and composition of the Commission and its Secretariat. The Commission statutes and rules are also available on the website. All approved reports of Commission on different subjects are available on the website.

A Public Awareness Scheme, containing write-ups in Urdu on topical issues/problems is also being run on the website to make the society law-conscious.

The following Annual Reports of courts of Pakistan for the year 2001 and 2002 published by the Commission’s Secretariat are available on the website

Reports 2001

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The Supreme Court of PakistanThe High Court of SindhThe High Court of LahoreThe High Court of Peshawar The High Court of Balochistan

Reports 2002

The Supreme Court of PakistanThe Federal Shariat CourtThe High Court of Sindh The High Court of BalochistanJudicial Statistics of PakistanThe Administrative Tribunals and Special Courts

The Constitution of Pakistan, 1973 including all the amendments made therein, is also available on the site

The lists of Federal and Provincial statues and articles published in various law journals are available in chronological order and with consolidated index. Information about the judicial system in the country i.e. hierarchy of judicature, strength of judges, advocates and law officers is also available on the web-site.

5. Other Activities

A team of the Asian Development Bank comprising M/s Hamid Sharif, Douglas Porter, Afzal Mufti and Raza Ahmed called on Mr Justice Sh. Riaz Ahmed, Chief Justice of Pakistan on 6 February 2003 to apprise him of the state of implementation of the Access to Justice Program, being executed by the Government of Pakistan. The meeting discussed various issues pertaining to the Program implementation.

A team of the Asian Development Bank is discussing the Access to Justice Programme with the officers of the Commission.

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A national Workshop on Draft Law of Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry was arranged by the Commission in collaboration with the Society for Advancement of Community, Health, Education and Training (SACHET) at Best Western Hotel, Islamabad, on 18 -19 July 2003. Mr. Justice Sh. Riaz Ahmed, Chief Justice of Pakistan and Chairman, Law & Justice Commission of Pakistan, presided over the function.

The Secretariat of the Law & Justice Commission of Pakistan, had prepared a draft law on the subject which was discussed in the workshop. The draft was circulated to key stakeholders including relevant Federal/Provincial Government departments for eliciting views/comments. The key points of the revised draft are: fixing maximum limit of expenditure on marriage ceremonies and prohibiting the serving of meals and all kinds of ostentatious displays including decoration/illumination of buildings/streets, other than the house where the marriage ceremony is held; banning the use of firearms, crackers and carrying firework; restricting the amount/value of dowry, bridal gifts and presents and their public display; providing for the vesting of all property in the bride including dowry and bridal gifts; prescribing enhanced penalties for violation of the law and an effective procedure for its enforcement.

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Mr Justice Sh. Riaz Ahmed former Chief Justice of Pakistan/Chairman is presiding over the Workshop

Participants of Workshop

Twenty seven participants from Shariah Academy, Islamabad visited the Secretariat of Law and Justice Commission of Pakistan on 11.9.2003. These participants were members of the subordinate judiciary, prosecution and legal branch of police department from all over the country. Dr. Faqir Hussain, Secretary of the LJCP briefed the participants about the research activities of the Secretariat of the Commission. He answered questions about Access to Justice Program and Access to Justice Development Fund. The participants also discussed issues of causes of delay in disposing off criminal and civil cases in superior as well as subordinate courts. The suggestions for redressing the causes were noted for legal reform.

In order to acquaint the officers of the Secretariat about the latest intellectual property laws and the impact of the enforcement of the WTO agreement from 2005 on the economy of the country, a special in service training was arranged on 13 September 2003, in the Commission Secretariat. Mr. Majid Basheer, Additional Director, Federal Judicial Academy, Islamabad explained the salient features of the agreement of World Trade Organization in detail.

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A three week elementary MIS training programme was arranged in the Federal Judicial Academy, Islamabad. This training was attended by ten staff members of the Commission.

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6. Procedure of Selection of ProjectsA project is selected on receipt of reference from the Federal or a Provincial Government or upon feedback received from the general public either directly addressed to the Commission or referred by any Ministry/Division/Department of the Government. Anomalies in laws pointed out by the High Courts, Federal Shariat Court and the Supreme Court of Pakistan are also taken note of by the Secretariat. A review of implementation of directions of the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court is also carried out regularly to remove the provisions of laws from the statute book/code held contrary to the injunctions of Islam. Issues on laws raised in the national press also come under consideration of the Commission.

The Chairman or the Secretary determines the priority of any project for study. A study includes reference to various law books on the subject, discussions and consultations with the experts in the relevant field. Views of the concerned agency of the Federal or Provincial Governments administering the law are also invited. Draft proposals are considered in meetings of the Secretariat for improvement. Workshops are held and public opinion is solicited where considered necessary.

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7. Commission’s Finances

In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2002 -2003:

Category Allocation

Ratio of salary to non-salary budget (%)

Utilization

Ratio of salary to non-salary budget (%)

Total 7,492,485 100 7369911 98.4

Salary 5162761 68.9 5131134 99.4

Non-Salary 2329724 31.1 2238777 96.0

Budget 2002-03 (Pakistan Rupees)

The salary budget of LJC includes all the establishment costs incurred on pay and allowances of the officers and staff; while the non-salary budget is meant for provision of goods and services to run the day-to-day business of the organization.

In view of the expanded mandate of the LJC, the non-salary budget is no longer sufficient to meet the needs of the organization. During the last year, some of the new statutory functions of LJC such as the publication of the annual reports of the judiciary were discharged with the financial support provided by the Program Management Unit of Access to Justice Program.

The Commission has taken up the matter of allocation of additional resources in its non-salary annual budget with the Ministries of Law and Finance to enable it to perform its new role in line with the statutory requirement.

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8. Relations with other Law Commissions

The Commission maintained its contacts with overseas law reform agencies during the year. Through such interaction, ideas have been exchanged on issues of common interest and information has been shared. Copies of reports of the Commission are sent to law reform commissions of the other countries and vice versa. A list of useful contacts is available in Annexure IV.

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9. AnnexuresAnnex I

9.1 List of Reports

1. First Report on Fatal Accident Act 1855 2. Second Report on Fatal Accident Act 1855 3. Report on Establishment of Courts of Qazis Ordinance 1981 4. Report on Law of Evidence 5. Report on Rent Restriction Laws and Draft Ordinance 6. Report - re: the Proposed Draft "Law of Evidence" Prepared by the

Council of Islamic Ideology 7. Report on Elimination of False Evidence from the Judicial System in

the Country 8. Report on Elimination of False Evidence 9. Report on a Reference Received from the Federal Government on

the Proposed Ordinance re: Law of Evidence 10. Report on Qisas and Diyat 11. Filling a Legal Vacuum 12. Reformation of Family Laws 13. Reformation and Modernization of Service Laws 14. Report on Rent Restriction Laws 15. Enhancing the Powers of Wafaqi Mohtasib (Ombudsman) 16. Scheme for the Redressal of Public Complaints 17. Amendment in the Code of Criminal Procedure 18. Extension of Jurisdiction of Service Tribunals to Employees of

Statutory Corporations 19. Eradication of 'QABZA GROUP' Activities 20. Prevention of Unfair Means in Examination 21. Improving the Performance of Pakistan Law Commission 22. Report on Criminal Justice System 23. Report on Jail Reform 24. Reformation and Modernisation of Service Laws (Part-II)

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25. The Role of Pakistan Bar Council in the Promotion of Human Rights 26. Administrative Procedures Act for the Federal Government of Pakistan 27. Legislation Pertaining to Maternity Benefits 28. Elimination of Child Labour 29. Eliminating Double Jeopardy in Drugs-Related 30. Reforming the Juvenile Justice System 31. Amendment in Section 145 of the Cr. P. C. 32. The Small Claims and Minor Offences Courts Ordinance 2001 33. The Family Courts (Amendment) Ordinance 2001 34. Conferring the Powers under Section 491 (1) (a) & (b) of the Code

of Criminal Procedure 1898 on the Court of Session 35. Amicable Settlement Disputes 36. Enhancement of Pecuniary Jurisdiction of Civil Courts 37. Enhancement of Pecuniary Appellate Jurisdiction of District Courts 38. Enhancement of Pecuniary Original Jurisdiction of District Courts at

Karachi 39. Enhancement of Punishments of Fine Under the Pakistan Penal Code 40. Amendment of Sections 32, 260 and 261 of the Code of Criminal

Procedure 1898 41. Trafficking in Children for use as Camel jockeys and engaging in

Hazardous Employment 42. Addition of the Offence of Molestation to the Pakistan Penal Code 1860 43. Right of Appeal Against Acquittal to Private Complainant under the

Anti Terrorism Act 1997 44. Punishment on Bouncing of Cheques 45. Strengthening Capacity and Expanding the Functions of Law and

Justice Commission of Pakistan

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

47. Punishment for the Offence of Gang Rape48. Releasing the Female Accused on Bail49. Examination of Sections 54 & 167 of the Code of Criminal Procedure 189850. Prohibition of Unauthorized Business of Sale/Purchase of National

Prize Bonds

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

52. Access to Justice Development Fund Rules 200253. Amendment in the Pakistan Penal Code 1860 to provide

Punishment for Absconding from Trial54. Reforming the W. P. Requisitioning of Immovable Property

(Temporary Powers) Act 1956.55. Amendment in the Children (Pledging of Labour) Act 193356. Amendment of Section 11-A, 11-B & 11-C of the Security of

Pakistan Act 195257. Amendment in Sections 427, 428, 429 & 435 of Pakistan Penal Code 186058. Enhancing the Limit Prescribed to File Suit in forma Pauperis59. Amendment in the Federal Services Medical Attendance Rules 199060. Amendments in the Land Revenues Rules 196861. Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry62. Expediting Trial Proceedings

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Annex III

9.3 Pending Projects

1- Registration of Documents2- Code of Conduct for Judges3- Impeaching the Moral Character of Victim of Rape (Deletion of Section

151(4) of Qanun-e-Shahdat Order 1984)4- Post-divorce Matta’a ( ) for Wife5- Reforming the Law of Pre-emption6- Application of Transfer of Property Act 1882 to Islamabad Capital Territory7- Rationalising Stamp Duty on Instruments8- Rationalising the Amount of Court Fees Prescribed by the Court Fees Act 18709- Reform of Hudood Laws10- Examination of Section 4 of Muslim Family Laws Ordinance 196111- Amendments in the Pakistan Citizenship Act 195112- Amendment in Dissolution of Muslim Marriage Act 193913- Prescribing a Uniform Procedure for Grant of Domicile Certificate/

Permanent Resident Certificate14- Amendment in the Baluchistan, NWFP, Punjab and Sindh Motor Vehicles

Ordinance 1965 and Section 94 of the Motor Vehicles Act 193915- Rescision of Notification Issued Under Section 10 (1) & (2) of the Criminal

Law Amendment Act 193216- Amendment in Section 91 of the Code of Civil Procedure 190817- Amendment in Section 60 and Order XXI of the Code of Civil Procedure

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190818- Eradication of “Qabza” Group Activities19- Amendment of Section 197 of the Code of Criminal Procedure 1898 and

Section 6 (5) of the Criminal Law Amendment Act 195820- Amendment in Section 96 & 115 of the Code of Civil Procedure 190821- Execution of Foreign Decrees22- Amendment in the First Schedule of the Limitation Act 1908 and Section

115 of the Code of Civil Procedure 190823- Amendment in the Majority Act 187524- Amendment in Section 514 of the Code of Criminal Procedure 189425- Amendment in the Guardian and Wards Act 189026- Eliminating the Custom of Vanni (Giving Female in Marriage as

Consideration for Compounding Disputes/Offences)27- Deletion of Sub-Section (2) of Section 12 of the Code of Civil Procedure

190828- Amendment in Section 128 of the Qanun-e-Shahadat Order 198429- Effective Enforcement of Female Right to Inheritance30- Amendment in Section 17 of the Registration Act 190831- Deletion of Paras 22, 23 & 24 of the Land Reforms Regulation 197232- Reforming the Legal Practitioners and Bar Councils Act 197333- Amendment in Section 54 & 55 of the Code of Criminal Procedure 189834- Amendment in Section 9 of the Muslim Family Laws Ordinance 1961 and

Schedule of the Family Courts Act 1964

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35- Amendment in Section 5 & 7 of the Muslim Family Laws36- Early Hearing of Appeals Against Death Penalty37- Amendment in Article 17 of the Qanun-e-Shahadat Order 198438- Amendment in the Code of Criminal Procedure 189839- Amendment in the Sindh Rented Premises Ordinance 197940- Amendment in the Arms Ordinance 1965

Papers on Which Work is in Progress

1- Measures for Welfare of Senior Citizens2- Amendment in Section 133 of the Income Tax Ordinance 19793- Tribunal for Tortious Liability of Government Servants4- Amendment in the PPC to Make More Offences Compoundable5- Amendments in the Legal Practitioners and Bar Councils Act 19736- Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law7- Legislation for Regulating Domestic Servants8- 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

9- Amendments in Hudood Laws 10 -Reformation of Personal Law of the Christian Community Pertaining to

Inheritance and Family Matters 12- Modernisation of Transportation Laws 13- 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)

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14- Amendments in Laws/ Rules Relating to Forests 15- Amendment in Qanun-e-Shahadat Order 1984 16- Regulating the Brick-Kiln Labour 17- Amendments in Qisas and Diyat Law 18- Proposal for a New Taxation System 19-Unification/Codification of Hindu Personal Law Relating to Matrimonial

Affairs and Inheritance 20- Reformation of Cantonment Act/Rules 21- Reviewing Discriminatory Legislation Pertaining to Women 22- Amendments in Child Marriage Restraint Act 1929 23- Proposed Legislation for Regulating the Business of Motor

Vehicle Dealers and Real Estate Agents

24- Law of Accountability 25- Law of Freedom of Information 26- Law on Regulating Shelter Home/Darul Aman 27- Amendments in the Arbitration Act 1940 28- Scheme for Provision of Free Legal Aid and Protection of

Human Rights/Freedoms

29- Controlling the Abuse of Discretionary Powers 30- Amendments in Fatal Accidents Act 1855 31- Amendment in Canal and Drainage Act 1873 32- 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)

33- Amendment in Companies Ordinance 1984 34- Amendment in Zakat and Ushr Ordinance to Remove Anomalies/

Contradiction Therefrom

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35- To Check Unauthorised Telephone Taping/Eavesdropping as per Direction

Contained in Judgment of the Supreme Court36- Liability of Directors of the Company Towards its Creditors and

Shareholders for Healthy Economic Growth37- Reformation of Emigration Laws38- Reforming the Limitation Act 190839- Proposal for Providing an Interest-free Finance to the Corporate Sector40- Curbing Sexual Harassment at the Workplace41- Law of Nazar-ul-Mazalim (Giving Special Powers to Existing

Courts for Handling Tort Cases)42- Reforming the NWFP Tenancy Act 195043- Reforming the Law and Procedure of Liquidation and Auctioning 44- Reforming the Code of Civil Procedure 1908 45- Measures to Check Incidents of Domestic Violence 46- Regulating Benami Transactions 47- Reforming the Code of Criminal Procedure 1898 48- Registration of Land Titles 49- Maintenance (Kifalat) of Young and Elderly Indigent Relatives 50- The Utility Services (Redressal of Complaints) Bill 51- The Water Supply Service (Redressal of Complaints) Bill 52- The Consumer Protection Bill 53- Changing the Nomenclatures of Judicial Officers

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Annex IV9.4 Addresses of other Law CommissionsAUSTRALIAAustralian Law Reform CommissionGPO Box 3708Sydney NSW 1044Ph: (02) 9284 6333Fax: (02) 9284 6363E-mail: [email protected]: www.alrc.gov.au

GAMBIAThe Law Reform CommissionOf the GambiaPO Box 266BanjulTHE GAMBIA

KENYAKenya Law Reform CommissionBox 34999NairobiKENYAPh: + 254 2 220 888/9Fax: + 254 2 336 499

BANGLADESHBangladesh Law Reform CommissionOld High Court Building Dhaka 1000BANGLADESHPh: + 880 2 9559004Fax: + 880 2 9560843E-mail: [email protected]

GHANAGhana Law Reform CommissionPO Box M. 63AccraGHANAPh: + 233 21 228898E-mail: [email protected]

LESOTHOLaw Reform Commission of LesothoPO Box 33Maseru 100LESOTHOPh: + 266 313236Fax: + 266 311092

CANADALaw Commission of Canada473 Albert Street, 11th FloorOttawa Ontario KIA OH8CANADAPh: + 1613 946 8980Fax: + 1613 946 8988E-mail: [email protected]: www.lcc.gc.ca

HONG KONGLaw Reform Commission of Hong Kong20th Floor, Harcourt House39 Gloucester RoadWanchaiHONG KONGPh: + 852 2528 0472Fax: + 852 2865 2902E-mail: [email protected]: www.info.gov.hk/hkreform

MALAWIMalawi Law CommissionPrivate Bag 373Lilongwe 3MALAWIPh: + 265 782822Fax: + 265 782532E-mail: [email protected]

ENGLAND & WALESLaw Commission Conquest House37-38 John StTheobalds RoadLondon WC1N 2BQUNITED KINGDOMPh: + 44 171 453 1220Fax: + 44 171 453 1297

INDIALaw Commission of India7th Floor, A WingShastri BhawanNew Delhi 110001INDIAPh: + 91 11 338 3382Fax: + 91 11 338 8870E-mail: law [email protected]

MALAYSIACommissioner of Law RevisionAttorney-General’s Chambers17th Floor, Bank Rakyat BuildingJalan Tangsi50512 Kuala LumpurMALAYSIAPh: + 60 3 292 3077Fax: + 60 3 293 2021

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mailto:[email protected]

http://www.info.gov.hk/hkreform


http://www.lcc.gc.ca/

mailto:info@



http://www.alrc.gov.au/


E-mail: [email protected]:www.gtnet.gov.uk/

URL: www.nic.in/lawcom E-mail: [email protected]

FIJIFiji Law Reform CommissionBox 2194, Government Buildings SuvaFIJIPh: + 679 303 900Fax: + 679 303 646E-mail: [email protected]

IRELANDThe Law Reform CommissionIPC House, 1st Floor35-39 Shelbourne RoadBallsbridgeDublin 4IRELANDPh: + 353 1 637 7600Fax: + 353 1 637 7601E-mail: [email protected]

NAMIBIALaw Reform and Development Commission Ministry of JusticePrivate Bag 13302WindhoekNAMIBIAPh: + 264 61 239 280Fax: + 264 61 240 064

NEW ZEALAND Law Commission PO Box 2590WellingtonNEW ZEALANDPh: + 64 4 473 3453Fax: + 64 4 471 0959E-mail: [email protected]: www.lawcom.govt.nz/

SOUTH AFRICASouth African Law Commission Private Bag X668Pretoria 0001REPUBLIC OF SOUTH AFRICAPh: + 27 12 322 6440Fax: + 27 12 320 0936E-mail: [email protected]: www.law.wits.ac.za/salc/salc.html

California Law Revision Commission4000 Middlefield Road, Room D-1Palo Alto, CA 9403-4739UNITED STATES OF AMERICAPh: +1650 494 1335Fax: + 1650 494 1827E-mail: [email protected]: www.clrc.ca.gov/

NIGERIANigeria Law Reform Commission Federal Secretariat Complex 1Po Box 60008 IkoyiLagos

SRI LANKALaw CommissionC/56 Keppetipola MawathaColombo 5SRI LANKA

Connecticut Law Revision CommissionRoom 509A, State Capitol Hartford, CT 06106UNITED STATES OF AMERICAPh: +1 860 240 0220Fax: +1 860 240 0322E-Mail: [email protected]: www.cga.state.ct.us/lrc/

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http://www.cga.state.ct.us/lrc/


http://www.clrc.ca.gov/


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


http://www.lawcom.govt.nz/





url:www.gtnet.gov.uk/


Officers & Staff of the SecretariatTel. 9220483 Fax 9214416

Email: [email protected]

Office Name Office Residence

Secretary Dr Faqir Hussain 9214109 9205786 9220483 Ext. 1019220581 Ext. 274

Private Secretary Raja Khalid Mahmood 9214109 5471341 9220483 Ext. 108

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

Joint Secretary-I Malik Mohammad Iqbal 9217454 9262269 9220483 Ext. 103

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

Joint Secretary-II 9214506 9220483 Ext. 102

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

Deputy Secretary-I Sh. Habib-ur-Rehman 9214797 9266346 9220483 Ext. 104

Deputy Secretary-II Mr. Mumtaz Ahmed 9214793 9204378 9220483 Ext. 105

Research Officer- I Dr. Muhammad Tahir 9208752 9220483 Ext. 110

Research Officer-II Ms. Fozia Jalal Shah 92094129220486 Ext. 106

Computer Programmer Mr. Adnan Khurram 92204869220483 Ext. 117

Librarian Syed Nasir Ali Shah 9203584 5510041 9220483 Ext. 116

Superintendent Mr. Shahid Khalid 9220483 Ext. 109

Superintendent –II Mr. Ihsanullah 9220483 Ext. 113 4446670

Accountant Mr. Tariq Masood Sindhu 9220370 28264059220483 Ext. 111

Computer Operator Saadia Sajjad 92204869220483 Ext. 117

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

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