ISLAMABAD, Dec 24 (APP):Chairman, Law and Justice Commission of Pakistan (LJCP)/Chief Justice of Pakistan Justice Gulzar Ahmed on Thursday showed his concern over the weak implementation status of LJCP’s reports and recommendations for amending various laws.
He emphasized that the federal government should consider measures for expeditious process to implement and review the reports of the Commission and directed the Attorney General for Pakistan to take up the matter with Government to expedite on the process of implementation of reports.
He expressed these views while chairing a meeting of LJCP here at Supreme Court.
The Chairman LJCP, Chief Justice Gulzar Ahmed chaired the meeting, whereas, Justice Mushir Alam, Senior Puisne Judge Supreme Court and Justice Umar Ata Bandial, SC Judge attended the meeting on special invitation through video linking.
The meeting was also participated by the other members of the LJCP Commission including Khalid Jawed Khan, Attorney General for Pakistan, Justice Muhammad Noor Miskanzai, Chief Justice Federal Shariat Court, Justice Athar Minallah Chief Justice Islamabad High Court, Justice Qaiser Rashid Khan, Chief Justice (designated) Peshawar High Court, Justice Jamal Khan Mandokhail, Chief Justice Balochistan High Court, Justice Ahmed Ali M. Shaikh, Chief Justice Sindh High Court, Justice Muhammad Qasim Khan, Chief Justice Lahore High Court, Justice Mian Shakirullah Jan, Former Judge, Supreme Court, Justice Arif Hussain Khilji, Former SC Judge, Justice Sair Ali, Former SC Judge and Mian Abdul Rauf, Advocate Supreme Court.
Dr. Muhammad Raheem Awan, Secretary Law & Justice Commission of Pakistan welcomed the participants by expressing his gratitude to the members of the LJCP Commission for taking time from their busy schedule for the deliberations on the Legislative Reforms which were direly needed for the society.
The chief Justice asked the Secretary LJCP to brief about the performance of last
few years.
Dr. Muhammad Raheem Awan explained the forum that since last three years the LJCP has actively contributed in recommending various Legislative, administrative and policy reforms while assisting in various public interest cases/SMC/HR Cases, with active consultation of relevant stake holders, in result of which almost 14 Legislative reform recommendations, 105 administrative reform recommendations and 22 policies were shared with the relevant Government Departments by the LJCP.
The Secretary further explained that the Secretariat is also engaged in holding of various conferences and Seminars to formulate recommendations on various human rights issues of the society.
In this regard, Population policy, Police Reforms Report, recommendations for curbing the issue of legal transplantation on human organ, comprehensive reports on covering the issues of construction of dams and the Indus Water Basin etc were suggested to the government.
The Secretary LJCP also highlighted that LJCP is also providing its technical Secretarial and research-based support to various committees working in liaison with Supreme Court of Pakistan i.e. Police Reform Committee and National Judicial Automation Committee, he
appraised the house that a National Judicial Automation Unit under NJPMC is also planned to be established.
He further explained that the Secretariat of LJCP is desperately under resourced in terms of manpower as well as shortage of funds particularly for research purposes.
The Secretary LJCP apprised the house that the Secretariat of LJCP also collects the
data from Prisons, Courts, Special Courts, Juvenile Courts, Public Complaint Redressal Centers of Police, District Assessment Committees of Police, and District Legal Empowerment Committees for the purpose of analysis, for future references and research.
The Secretary LJCP apprised the august house that LJCP also provides secretarial support to Access to Justice Development Fund which has seven Windows for funding including
infrastructure support for district judiciary in all provinces and Islamabad Capital Territory,
funding for under-developed areas, Judicial Academies, funding for projects relating to legal awareness, legal education, judicial research, and in 124 District Legal Empowerment
Committees.
The Secretary LJCP apprised that LJCP released funding to all High Courts for improvement in court facilities and to District Legal Empowerment Committees for free legal aid in 124 Districts. Funding has also been provided to Federal Judicial Academy for training activities.
LJCP also provided help to High Courts and Judicial Academies in finalization of project
proposals for efficient utilization of funds. Alongside, LJCP through amendment in the
ordinance included provincial judicial academies and Islamabad High Court in AJDF allocation of funding.
Above all, under defined mandate of Section 6 of LJCP, Ordinance, 1979, the core function of LJCP is to suggest Legislative reforms. These Law Reform proposals by the LJCP include (i)
“Enhancement of Punishment of Fines in the Pakistan Penal Code, 1860 and Schedule II of
Code of the Criminal Procedure, 1898”(ii) Amendment in Section 427, 428, 429, and 435 of
Pakistan Penal Code 1860, (iii) Evidence through Video linking, (iv) Amendments in Drug Act, 1976, (v) Certain amendments in Criminal Procedure Code, 1898, (vi) Amendments in
Banker’s Book Evidence Act, 1891 (vii) West Pakistan Rules under Muslim Family Law
Ordinance, 1961. In addition to above, the Commission also considered the Legislation for
establishment of Commercial courts in Pakistan, Establishment of E-Courts in Pakistan and
the Model law for Epidemic diseases for Islamabad Capital Territory, which are also part of today’s agenda.
He further submitted that the Chairman and the members of the Commission may
take notice of non-availability and shortage of staff in LJCP Secretariat to improve the working of the LJCP as provided in LJCP ordinance 1979.
At this Juncture, the Chairman said that the problem highlighted by Secretary LJCP needs
consideration, hence the house resolved that the Secretary LJCP may approach Ishrat
Hussain, the special Assistants of Prime Minister on austerity to get benefits from his
expertise for restructuring of Secretariat of LJCP.
The house pleased to constitute a committee headed by Hon’ble Justice Umar Atta Bandial to review the process of restructuring of LJCP through Dr. Ishrat Hussain, whereas, Dr. Muhammad Raheem Awan Secretary LJCP along with the Research wing will provide assistance to the Committee for this purpose. Justice Jamal Khan Mandokhail, Chief Justice Balochistan High Court, supported the version of Secretary LJCP that Secretariat is mandated with huge work ranging from NJPMC, AJDF, Governing Body, PJC’s, DLEC’s and NJAC, hence recommended that the work load of LJCP may be reduced by devolving some functions to Provincial levels. At this point, Justice Muhammad Qasim Khan, Chief Justice Lahore High Court, Lahore shared His Lordship’s views and said that after 18th amendment
the Number of laws has been devolved to Provincial Government, hence there is a need to
establish an independent Provincial Law Commission to perform legal research on Provincial legislation.
Justice Jamal Khan Mandokhail, Chief Justice Balochistan High Court, the Hon’ble Mr. Justice Ahmed Ali M. Shaikh, Chief Justice Sindh High Court and Justice Arif Hussain Khilji, Former Judge, Supreme Court, supported the version.
The house also considered the amendments proposed in AJDF rules. Justice Qaiser Rashid Khan, Chief Justice (designated) Peshawar High Court, Justice Jamal Khan Mandokhail, Chief Justice Balochistan High Court, recommended for reconsideration of allocated share and release of funds under AJDF to High Courts for smooth utilization. To review the rules of AJDF, the house constituted a committee under the kind supervision of Justice Mr. Umar Atta Bandial, Judge Supreme Court.
and with direction that Dr. Muhammad Raheem Awan, the Secretary LJCP will assist the
Hon’ble committee in this regard.
With regard to preparation of Law Reform Proposals, the Hon’ble Mr. Justice Athar Minallah
Chief Justice Islamabad High Court, recommended that LJCP may also consider whilst
selecting the research papers for law proposals the Judgments of superior Courts. That may be set as a basic criterion for Legislative Reforms.
The house unanimously resolved that the research proposals on legislative Reforms be
referred to a committee headed by Hon’ble Mr. Justice Mansoor Ali shah, Judge Supreme
Court of Pakistan for further review, this committee shall submit its report before next
meeting of LJCP whereas, Hon’ble Chairman resolved that next meeting of LJCP be held
tentatively after 03 months. Upon recommendations of Hon’ble Mr. Justice Mushir Alam,
Senior Puisne Judge, Supreme Court of Pakistan the house also resolved to invite the Chief
Justices of Supreme Court and High Court of Azad Jammu and Kashmir, and Chief Justice of Gilgit Baltistan’s Chief Court and Supreme Appellate Court on special invitation in the
upcoming meeting.
