ANNUAL REPORT 2006

LAW & JUSTICE COMMISSION OF PAKISTAN &NATIONAL JUDICIAL (POLICY MAKING) COMMITTEE

LAW & JUSTICE COMMISSION SECRETARIATSUPREME COURT BUILDING

CONSTITUTION AVENUEISLAMABAD

The Annual Report 2006 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: ljcp@ljcp.gov.pkwww.ljcp.gov.pk

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Table of Contents

Forward .................................................................................Introduction............................................................................

1. Law and Justice Commission of Pakistan & 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 Law Commission and NJPMC in 2006..2.1 Law and Justice Commission..................................

2.1.1 Report on Jail Reform.2.1.2 Enhancement of Punishment of Fine in Provincial Statutes of

Sindh, Punjab, NWFP and Baluchistan2.1.3 Amendment in Section 9 of the Muslim Family Laws Ordinance

1961 and Schedule of the Family Courts Act 1964.2.1.4 Fraudulent Occupation of Immovable Property2.1.5 Amendment in Section 99 of the Motor Vehicle Ordinance, 1965.2.1.6 The Judicial Officers Protection Act, 1850.2.1.7 The Recusant Witnesses Act, 1853. 2.1.8 The Caste Disabilities Removal Act, 1850.2.1.9 Repeal of the Sarais Act, 1867. 2.1.10 Repeal of Fatal Accidents Act, 1855 2.1.11 Repeal of the Kazis Act, 1880.2.1.12 The W.P. Urban Rent Restriction Ordinance, 19592.1.13 Check on Mushrooms Growth of Law Colleges and Ban on

Evening Classes2.1.14 Amendment of Rules Framed under Stamp Act 18992.1.15 Amendment in the Civil Procedure Code 1908.2.1.16 Amendment in the Code of Criminal Procedure 18982.1.17 Amendment in the Arms Ordinance 19652.1.18 Amendment in the Sindh Rented Premises Ordinance 19792.1.19 Amendment in the Code of Criminal Procedure 18982.1.20 Proposals for Law Reform by Mrs. Nasira Iqbal2.1.21 Registration of documents2.1.22 Deletion of Paras 22,23,24 of Part-VI of the Land Reform

Regulation 19722.1.23 Execution of Foreign Decree2.1.24 Removal of Anomaly in Sections 334, 337-P of PPC2.1.25 The Caste Disabilities Removal Act 18502.1.26 The Kazis Act 18802.1.27 Amendment in the Balochistan, NWFP, Punjab and Sindh Motor

Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act 1939.

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2.1.28 Amendment in the first Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908

2.1.29 Amendment in Sections 96 and 115 of the Code of Civil Procedure 1908.

2.1.30 Preventing Banking Companies to Levy Service Charges on Small Deposits.

2.1.31 Report on Jail Reform (Revised)

2.2 National Judicial (Policy Making) Committee………………………2.2.1 Establishment of Family Courts and Appointment of Family

Judges. 2.2.2 Automation Plan for Judiciary. 2.2.3 Prioritizing Cases of Vulnerable Groups (Women & Children)

left over Unconsidered. 2.2.4 Allegation of Corruption in Local Bodies Election 2005.2.2.5 Holding of National Judicial Conference.2.2.6 Elimination of corruption from the Judiciary. 2.2.7 Establishment of Family Courts and Appointment of Female

Judges2.2.8 Implementation of Small Claims and Minor Offences Courts

Ordinance 20022.2.9 Prioritizing Cases of Vulnerable Groups (Women & Children)2.2.10 Letter on Allegation of Corruption Against Judicial Officers

3. Meeting for considering the issue of Establishment of Family Courts in the Provinces

4. Access to Justice Development Fund.4.1 Details of Investment of Access to Justice Development Fund in 20064.2 AJDF workshops4.3 Meeting of the Technical Evaluation Committee 4.4 Meeting of the Governing Body of AJDF held at Lahore on 4 February,

2006.

5 Activities of Secretariat of the Commission (Publication of Reports). 5.1 Report No. 73 (Amendment of Section 10 of the W. Pak. Family Courts

Act, 1964)5.2 Report No. 74 (Amendment in Sections 5 and 7 of the Muslim Family

Laws Ordinance, 1961)5.3 Report No. 75 (Amendment of Sections 11,13 and 14 of the Offence of

Zina (Enforcement of Hudood) Ordinance, 1979.)5.4 Report No. 76 (Enhancement of Punishment of Fine in Provincial

Statues)5.5 Report No. 77 (Amendment in Section 9 of the Muslim Family Laws

Ordinance, 1961 and Schedule of the Family Courts Act, 1964)5.6 Report No. 78. (The Recusant Witnesses Act, 1853.)5.7 Report No. 79 (Amendment in the Law and Justice Commission of

Pakistan Employees (Terms and Conditions of Service) Rules, 1992.)5.8 Report No. 80 (The Jail Reforms (Revised) Report.) 5.9 Implementation of Recommendations:5.10 Public Awareness Scheme

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5.11 Publication of Annual Reports of the Courts:(i) Judicial Statistics of Pakistan 2005.(ii) Administrative Tribunals/Special Courts 2005.(iii) Annual Report 2005.

6. Commission’s Website.7. Procedure of Selection of Projects.

8. Commission’s Finances: 9. Other Activities of the Secretariat.

9.1 In Service training of Staff of the Secretariat: 9.2 Visit of the delegates:

10. Legal Discovery Centre:

11. Relations with other Law Commissions.12. Annexures

12.1  List of Reports (Annex I).12.2 Public Awareness Scheme (Annex II).12.3 Pending Projects (Annex III).12.4 Officers & Staff of the Secretariat.12.5 Address of Other Law Commissions (Annex IV)

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Foreword

Modern economic development mostly came with policies of deregulation and market economy. Market economy is based on private enterprise that does not rely on government-planned production. Law is important to the market economy because it is the common basis on which parties can make agreements. It provides parties with confidence that disputes can be resolved efficiently and fairly. Thus, the predictability and order that the rule of law promotes in substantive laws is viewed as the stabilizing force behind much economic development. Further, an organized and efficient system of administration of justice, further strengthens the investor’s confidence to invest his capital in a safe and secure environment. An essential characteristic of good governance is therefore the existence of system of administration based on rule of law and principles of accountability and transparency.

And to establish good governance, it is equally essential that the country has a reform legal system and modern efficient system of administration of justice. The Law & Justice Commission of Pakistan (LJCP), as a national institution, is geared to work for the achievement of such goals. The National Judicial (Policy Making) Committee (NJPMC) is also mandated to recommend and implement appropriate reform of the justice sector. The establishment of LJCP/NJPMC reflects strong commitment to reform the legal system and improve the system of judicial administration in the country. To do so, the two bodies have a wide ranging reform agenda for the reform of the law and improvement in the justice sector. The Commission also handles the Access to Justice Development Fund to cater to the need of strengthening the capacity of the subordinate courts, protection of human rights, fundamental freedoms, improvement in legal education, legal and judicial innovation and training of judges and court staff. The LJCP/NJPMC held various meetings and approved several legal/judicial reform proposals, which are highlighted in the present annual Report. I commend the efforts of the Secretariat of the Commission and the hard work of its officers and staff in achieving the desired goals. I trust that they will continue to more with the same zeal and enthusiasm.

Justice Iftikhar Muhammad ChaudhryChairman

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Introduction

The Law and Justice Commission of Pakistan (LJCP) is a national institution, designated to drive the reform process in the legal and justice sector. The establishment of LJCP reflects strong commitment to reform the legal system and improve governance in the country. As per its expanded mandate, the Commission is tasked with a wide-ranging reform agenda with a clear responsibility to provide leadership and technical input in the areas of research, policy development and capacity building of justice sector. The Commission has its own Secretariat, headed by a Secretary and comprising other research and administrative staff.

In addition to performing regular functions related to law reforms, research and public awareness, the Secretariat of the Commission is also providing secretarial assistance to the National Judicial (Policy Making) Committee. The NJPMC is a major stride to bring about coherence in national judicial policy and to improve the efficiency and performance of judicial institutions in the country.

To address the chronic under-resourcing facing the judiciary, the Federal Government has also bestowed on LJCP the responsibility to mange and administer an endowment, “Access to Justice Development Fund”. The Commission has initiated steps to operationalise the fund. It has disbursed amounts for strengthening the capacity of subordinate courts, bringing about legal awareness and promoting legal empowerment of weak and poor sections of society.

The Secretariat of the Commission undertakes research into areas of law requiring continuous updating and relevance compatible with the changing needs of the society. The Commission publishes annually Judicial Statistics of Pakistan, Annual Report of Administrative Tribunal & Special Courts and report of the Law and Justice Commission. These report are covering broad range of topics. These reports serve two purpose; one, to being about greater transparency and accountability in the justice system; and two, the data is used by academics, scholar, jurists and lawyers as reference material. These reports also aim at making the society law-conscious.

During the year, the Law & Justice Commission of Pakistan & the National Judicial (Policy Making) Committee and its sub-Committee held various sessions and consideration & approved various legal/judicial reform proposals. These recommendations were forwarded to the Government for implementation. The Secretariat of the Commission also operate Legal Awareness Scheme for public information and education. Three volume of compilation of writ-ups under the Scheme were published before. The fourth volume has also been recently published.

The Commission has its own library, which is further assisted by a Legal Discovery Center, established with the support of the embassy of USA to enhance research facilities for scholars and officials of the justice sector. A computer network is functioning effectively in the Secretariat to ensure discharge of professional work in a speedy manner. The Commission operates its website www.ljcp.gov.pk.

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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

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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 in order to conform to the new statutory mandate of the Commission.

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

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

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

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

3. removing inconsistencies between Federal and provincial laws;

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

5. introducing reforms in the administration of justice;

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

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

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

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

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

11. managing the Access to Justice Development Fund; and

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

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

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

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

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

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

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

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

1.3 Composition:The Commission is headed by the Chief Justice of Pakistan and comprises twelve other members including the Chief Justices of the superior courts, Attorney General for Pakistan, Secretary, Ministry of Law & Justice, Chairperson, National Commission on the Status of Women and one representative from each of the four provinces. The non-ex-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. The Chairman 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.

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1.4 Library & Computerization:

The Commission has its own library with a collection of 5000 reference books and law reports. The staff has also access to the libraries of the Supreme Court, Parliament, Ministry of Law & Justice and National Library. A computer network has been installed in the Secretariat and officers and heads of sections have been provided computers. Access to Internet is available and the Commission operates its website www.ljcp.gov.pk. The website displays all essential information about the Commission i.e. its composition, functions, reports already approved/published and pending projects. The courts annual reports for the year 2001, 2002, 2003, 2004 and 2005 are also hosted on the web.

1.5 Bio data of Members:

A brief introduction of the members of the Law & Justice Commission of Pakistan and National Judicial Policy Making Committee follows:- ChairmanMr. Justice Iftikhar Muhammad Chaudhry

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Personal:Name : Justice Iftikhar Muhammad ChaudhryDesignation: Chief Justice of PakistanMailing address: Supreme Court of Pakistan,

Constitution Avenue, Islamabad.Date of Birth : 12-12-1948Domicile: Balochistan (Quetta)NIC No. 61101-4936568-7Educational Qualification: B.A, LL.B.Professional Experience/Posts held

1) Started Practice as Advocate in the year 1974 2) Enrolled as Advocate, High Court in the year 19763) Enrolled as Advocate, Supreme Court in the year 19854) Appointed as Advocate General Province of Balochistan in the year 1989.5) Elevated as Addl: Judge, High Court of Balochistan in the year 1990

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6) Appointed as Chief Justice, High Court of Balochistan on 22nd April 1999.7) Elevated as Judge, Supreme Court of Pakistan on 4th February 2000.8) Appointed as Chief Justice of Pakistan on 30th June 2005.9) Chairman, Law and Justice Commission of Pakistan, National Judicial (Policy Making) Committee, Federal Judicial Academy and Almizan Foundation.

Experience/Activities: 1) Practiced as Advocate in all fields/ subjects i.e. Constitutional, Criminal, Civil, Tax, Revenue, etc. 2) Elected as President, High Court Bar Association, Quetta.3) Elected twice as Member, Bar Council. 4) Besides functioning as Judge High Court of Balochistan, performed as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge.5) Appointed as Chairman, Balochistan Local Council Election Authority in the Year 1992 and again in 1998.

6) Appointed as Chairman Provincial Review Board for the Province of Balochistan on the recommendations of Hon’ble Chief Justice of Pakistan.7) Appointed twice as Chairman of Pakistan Red Crescent Society, Balochistan by Government of Balochistan.8) Nominated by Hon’ble Chief Justice of Pakistan as Chairman, Enrolment Committee of Pakistan Bar Council. 9) Appointed as Judge Incharge, Supreme Court Staff Welfare Committee by the Hon’ble Chief Justice.

International visits. 1) Visited San Francisco in connection with Conference on ADR.2) Attended 22nd Biennial Congress on the Law of the World held in Beijing & Shanghai, China in September, 2005. 3) Participated in the International Conference and Showcase on Judicial Reforms held in Manila, Philippines in November, 2005. 4) Visited United Kingdom in February, 2006 in connection with The UK- Pakistan

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Judicial Protocol on Child.

Members

Barrister Makhdoom Ali Khan,Attorney General For Pakistan.

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

Mr. Justice Haziqul Khairi ,Chief Justice, Federal Shariat Court.

Mr. Justice Haziqul Khairi was born in Delhi on the 5th day of November, 1931 in a literary family. He is the son of late Mr. Raziq-ul-Khairi, Editor “ISMAT’ and grand-son of late Allama Rashid-ul-Khairi, an outstanding social reformer and reputed writer of Urdu Language. He got early education at Anglo-Arabic Higher Secondary School, Darya Ganj Delhi and in Karachi where he migrated with his family on partition of India. He graduated in Arts in 1954 and got Master’s Degree in Political Science and LL.B in 1956 from the University of Karachi.

Justice Khairi joined the legal profession on 23.01.1957, enrolled as an Advocate of the erstwhile High Court of West Pakistan on 15.04.1959 and of Supreme Court of Pakistan on 30.03.1970.

Justice Khairi was elected as Honorary Secretary, Pakistan Writer’s Guild (1966-1969) and under its auspices organized the First Copy Right Conference in Pakistan. He is short story writer and play writer. He is the Chairman, Thinker’s Forum (Hamdard Shura) Karachi, Chief Patron SAARC Health Pakistan, Member Syndicate, Baqai Medical University, President, Central and West Asian Studies, University of Karachi, Member of Trustees Transparency International (Pakistan), Member, Human Rights Commission of Pakistan and President, Anglo-Arabic School and College Old Boys Association.

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Justice Khairi was elected as Honorary Secretary, Sindh High Court Bar Association for the year (1972-73) and Member, Sindh Bar Council (1979-83). He was the Principal, Sindh Muslim Law College, Karachi (01.05.1981 to 09.09.1988) and organized First Conference on “Role of Ombudsman” in 1982 at the College. He was a member of Academic Council, Faculty of Law, Board of Studies in Law and Convener “Syllabus Committee” for LL.B & LL.M. (1984) of University of Karachi. He introduced LL.M. classes in Sindh Muslim Government Law College in 1983.

He was elevated as Judge, High Court of Sindh on 10.09.1988, appointed as Provincial Ombudsman (Sindh) Pakistan on 25.09.1999, Member, Council of Islamic Ideology Government of Pakistan on 15.06.2004 and Chief Justice, Federal Shariat Court of Pakistan on 5.6.2006.

Justice Khairi attended (i) The external Sessions of the Hague Academy of International Law on “Public International Law” at Tehran in 1970, (ii) Seminar on “Private International Law” at the Centre for Studies in Law at the Hague Academy of International Law at the Hague in 1971, (iii) Seminar on American Law & Legal Institutions at Salzburg (Austria) in July, 1985, (iv) SAARC Law Conference at Colombo, Sri Lanka in 1993, (v) Asian Ombudsmen Conferences at Manila and Tokyo and Beijing in 2000, 2001 and 2002 respectively, (vi) Institute of Science, Technology and Civilization affiliated to the International Islamic University Malaysia in 2006.

Ex-officio: Member, National Judicial Policy Making Committee, Member, Law & Justice Commission of Pakistan, Member, Advisory Board of the Al-Mizan Foundation, Member, Administration Committee of Al-Mizan Foundation, Member, Board of Governor, Board of Trustees, Council of Trustees and Selection Board of the International Islamic University, Islamabad.

Mr. Justice Iftikhar Husain Chaudhry, Chief Justice, Lahore High Court.

Mr. Justice Iftikhar Husain 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.

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Having vast and varied experience of legal practice in major areas of law, he can ably deal with Constitutional, Criminal, Civil and Commercial cases which are brought to High Court and has rendered a large number of quality judgments in various branches of law.

He was appointed as 36th Chief Justice of Lahore High Court on 7th September 2002. He is computer-literate and has widely traveled. His areas of interest are travel and studying history, culture and information technology.

Mr. Justice Sabihuddin Ahmed,Chief Justice, High Court of Sindh.

Mr. Justice Sabihuddin Ahmad was born in 1949 at Hyderabad (Sindh), earlier education in different parts of the country, did M.A. from Punjab University in 1969 and LL.B. from Karachi University, participated in several inter-collegiate debates and edited collage Magazine at Government Degree College Sukkur, Government College Lahore and S.M. Law College Karachi, Entered legal profession in 1972 in the chamber of Mr. Khalid M. Ishaque, a leading Advocate in Karachi. Practiced at the bar for 23 years and appeared before the Supreme Court in important civil and constitutional matters. Founder member of the Human Rights Commission of Pakistan and its Vice President (1987 – 1990). Participated in several International Conferences on Human Rights and allied issues. Contributed several articles to Newspapers and periodicals on constitutional and Human Rights Issues.

Elevated to the bench of the Sindh High Court on 11.1.1997. Participated in several International Judicial Conferences. Elected member of the International Advisory council of the International Centre for Promotion of Human Rights (Inter rights) and steering committee of the South Asia Forum legal education on gender issues. Member of Board of Trustee of Aga Khan and Board of Governor Hamdard University. Acting Chief Justice of the Sindh High Court since 28-4-2000, appointed as Chief Justice and took oath of office on 05-4-2005.

Mr. Justice Tariq Parvez Khan,  Chief Justice, Peshawar High Court.

Born on 15th February, 1948 in the capital city of NWFP, Mr. Justice Tariq Parvez Khan got his education to the graduate level at Peshawar. He graduated in Law in 1971 from Faculty of Law, University of Peshawar and did his Master in Political Science in

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1975. His track record is full of co-curricular activities and distinctions. He was enrolled as advocate at the District Courts of Peshawar in 1972 and was licensed to practice at the High Court in 1975. After completing 11 years of practice, he was enrolled as advocate Supreme Court of Pakistan in 1983.

During his career at the Bar, his lordship not only excelled professionally, but also manifested his leadership role. He was elected as President, Young Lawyers Association in 1978. Vice President of the Peshawar High Court Bar Association in 1980 and President of the High Court Bar Association in 1996.

His elevation to the bench in February, 1997 was an acknowledgement of his professional capabilities. During his tenure as Judge of the Peshawar High Court, his lordship remained member of the Administration Committee of the Peshawar High Court, member of the Peshawar University Syndicate, Chairman N.-W.F.P., Bar Council's Enrolment Committee, member of the Election Tribunal, member and then Chairman of the Subordinate Judicial Services Tribunal. His lordship has a deep insight on major legal issues and as follow up of his academic pursuits; his lordship is a visiting faculty member of the Federal Judicial Academy. He delivered discourses at different Workshops and Seminars including Provincial judicial Conferences.

He was elevated as Chief Justice of the Peshawar High Court on 5th April, 2005.

Mr. Justice Amanullah Khan, Chief Justice, High Court of Balochistan. .

Born at Quetta on 7th August, 1954. Matriculated from Cantt. Public School, Quetta in the year 1970; Passed the Intermediate Examination in the year 1972, BA in the year 1974 and MA in the year 1976 from F.C. College, Lahore; Passed the LL.B. Examination from Punjab University in the year 1980; Joined the Bar in January, 1981; Remained Vice President of Balochistan Bar Association in 1988-89; Taught as honorary lecturer in University Law College, Quetta from 1989 to 1996; Remained President of Balochistan Bar Association in the year 1994-95; Elevated as Judge of the High Court of Balochistan in February, 1997 and took oath of the Office of Chief Justice on September, 14, 2005.

Mr. Justice (Retd) Qazi Mohammad Farooq.Supreme Court of Pakistan.

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Law graduated from University Law College, Lahore in 1960; enrolled as Advocate in 1961; elected Secretary, District Bar Association, Abbottabad in 1962. Qualified Provincial Civil Service (Judicial) Examination in 1967 and served as Civil Judge, Senior Civil Judge, and Additional District and Sessions Judge; promoted as District and Sessions Judge in 1977. Attended the 1st Advanced Course in Shariah at the Institute of Shariah and Legal Profession, Islamabad and the Islamic University, Madina, Saudi Arabia; Served as Registrar, Peshawar High Court from January 1988 to September 1989. Elevated as Judge, Peshawar High Court in 1991. Attended course on Alternate Dispute Resolution in San Francisco (USA) in 1998. Appointed as Chief Justice, Peshawar High Court in May 1999. Elevated as Judge, Supreme Court of Pakistan on 4th February 2000.

Mr. Justice (R) Amir-ul-Mulk Mengal, Chief Justice, High Court of Balochistan.

Born on 3.4.1945 at Killi Mengal Nushki, District Chaghai; passed M.A. (Political Science) from University of Karachi; L.L.B. from Islamia Law College, Karachi in 1968; jointed as Advocate of Subordinate Courts in 1969; enrolled as an Advocate of High Court in 1972; elected as General Secretary of Balochistan Bar Association in 1972; unanimously elected as the President of Balochistan Bar Association 1979-1983; appointed as Advocate-General, Balochistan on 4th April, 1985; elevated as Additional Judge of High Court of Balochistan on 26.3.1986; confirmed as permanent Judge of the High Court of Balochistan on 26th March, 1989; appointed Member, Election Commission of Pakistan on 16th August, 1990 and remained as such till April, 1993; appointed as Chairman, Provincial Zakat and Ushr Council, Balochistan on 16th February, 1991 and continued as such till July, 1994; Chairman, Balochistan Service Tribunal from 1.7.1990 till date; appointed as Additional Labour Appellate Tribunal, Balochistan; Member Selection Board, University of Balochistan twice; nominee/Member Syndicate, University of Engineering and Technology, Khuzdar; Member, Board of Governors Federal Judicial Academy; Chairman of Sub-Committee on Separation of Judiciary from Executive; remained as Member, Balochistan Subordinate Judiciary Service Tribunal; remained as Acting Chief Justice, Balochistan High Court from 2.11.1991 to 15.11.1992, 17.4.1993 to 28.4.1993, 27.4.1995 to 8.5.1995, 9.8.1995 to 24.8.1995 and 8.8.1996 to 28.8.1996; visited Islamic Republic of Iran with Delegation headed by Hon’ble Chief Justice of Pakistan from 7.9.1996 to 14.9.1996; appointed as Chief Justice High Court of Balochistan on 17th November, 1996.

Justice (Retd) Mansoor Ahmed,Secretary, Law, Justice and Human Rights.

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Graduate in Law from University of Sindh in 1965; Enrolled as an advocate in 1966; Advocate of the Lahore High Court in March 1972 and advocate of the Supreme Court in 1983. Did practice as an advocate for 36 years; Handled numerous cases of constitutional, criminal, civil and human rights in Superior Court in Pakistan; Appointed legal advisor to various Government Departments; appointed standing counsel for the Federal Government in 1992; Elected as President of Bar Association for the year 1992-93; Appointed prosecutor in high profile accountability cases in 1996; Appointed as Deputy Attorney General for Pakistan in 1996 and remained as such upto May 2001. As a Deputy Attorney General defended and prosecuted state cases including criminal cases at the level of Supreme Court and High Courts of Pakistan; Elevated as Judge of the Lahore High Court on May 2001; Appointed Secretary Law, Justice and Human Rights Division while serving as a Judge of High Court.

Dr. Arfa Sayeda Zehra, Chairperson, National Commission on the Status of Women,

Education:Ph.D History, University of Hawaii, USA.M.A. Asian Studies.M.A. Urdu.B.A. Hons.

Work Experience:Chairperson, National Commission on the Status of Women Jan 2006 to dateMember, Punjab Public Service Commission, Lahore 2002- 2005.Principal, Government College for Women, Gulberg Lahore 1989-2002Principal, Lahore College for Women, Lahore 1988-1989Vice Principal, Lahore College for Women, Lahore. 1985-1988.Assistant Professor, Lahore College for Women, Lahore. 1972-1984.Lecturer, Lahore College for Women, Lahore. 1966-1972.

Research & Publication:Written Research Papers/Articles on public interest issues which are publish in National and International Magazine.

Mrs. Nasira Iqbal, Advocate.

Education:1994 Diploma in Intellectual Property Laws, Punjab University (1st position) 1986 Master of Laws Cum Laude (Honours). Harvard Law School, USA.

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1983 Master of Laws, PU (Distinction)1975   Bachelor of Laws, PU (Distinction)1960   Bachelor of Arts, Kinnaird College, ( 1st Position in University)1958   Intermediate, Kinnaird College (National Talent Scholar)1956   Matriculation, Queen Mary’s  College, (National Talent Scholar)

Legal Experience Current:Till 20/11/2002  Judge Lahore High Court1978- 1994  Advocate District Courts, High Court & Supreme Court of Pakistan 1995 Pakistan Delegate to Human Rights Commission, Geneva.Member Supreme Court Bar & Lahore High Court Bar AssociationMember of IUCN Commission for Environmental Law.Member Board of Graduate Studies, Punjab University Law CollegeMember Advisory Committee British Council Advocacy Training Program Member Advisory Board, Hamdard School of Law Karachi.Adjunct Professor, Punjab University Law College, LahoreAdjunct Professor, Department of Women’s Studies, Punjab University, LahoreHonorary Legal Advisor, International Women’s Club, LahoreLegal Advisor & Vice Chairperson, Legal Affairs APWA, PunjabMember Pakistan Women Lawyers’ AssociationConvener, Fatima Memorial Legal Aid Centre, Shadman.

Non-Legal Experience Current:Trustee Ferozsons Trust, Fatima Memorial Hospital & College, Shadman, Lahore, A 410 Bed Non-Profit General Hospital, Medical, Dental & Nursing College.Chairperson Board of Trustees, Bhandara Foundation.President Punjab Mental Health Association.Member Board of Governors Queen Mary College, Lahore.Member Board of Studies, Women’s Studies Department, Punjab University.Member Interfaith Dialogue Austria, Jordan And Women’s Peace Initiative USAMember Hamdard Majlis-e-Shoora.Member Zenana Dar-ul-Shafqat, and Darul Aman, Anjuman-e-Himayat-e-Islam, Lahore.Member Punjab Managing Committee SOS Children’s Villages.Lecture Tours, Conferences and Seminars.Lectured on Women’s Rights and Development in Pakistan, Canada, USA, India, China, Kuwait, Dubai, Austria. Presented papers at International Christian-Islamic Round Table, Vienna (Austria) 1992, 96, 2000, 2004. Amman 1993, Chesham 1996, Seminars on Women’s Rights: Australia 2000, Cairo 2001, Global Peace Initiative Geneva 2002. Norway & Cochin (India) 2003. Bosnia, Romania, National Defence College, Islamabad, International Access to Justice Conference, Islamabad, Several Aurat Foundation Seminars 2004-5, Law  Reforms Seminar Lahore 2004, Islamabad 2005. Focus Pakistan Seminar on Enhancing Pakistan’s Image by Empowering Women. Lahore. (2005), International Conference on Women’s empowerment 2005. 

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Born (1st March 1932) at Hyderabad Sindh; participated in All-Pakistan English debates during School and College days and won number of prizes; B.A. (Hons.) 1953; L.L.B. (1956) securing 3rd position in Sindh University; (having passed L.L.B earlier as permitted previously); Joined Legal profession (1953); Advocate, Sindh Chief Court (1954); Established flourishing practice; Was Member, Divisional Council, Hyderabad (1966); Legal Adviser, Sindh University for number of years, Hon: Legal Adviser, Mehran Arts Council and Shah Abdul Lateef Bhitai Cultural Centre Committee; Lecturer Government Jinnah Law College, Hyderabad; Member Governing Bodies of Sindh Law College and Jinnah Law College, Hyderabad, Member, Advisory Committee, Pakistan National Centre, Hyderabad, Past President, Hyderabad District Bar Association (1974-75 and 1975-76); Ex-Judge High Court of Sindh; Nominated as Member Board of Governors for Law Colleges in Sindh except Karachi; Nominated by the Chief Justice of Pakistan as member Board of Governor Federal Judicial Academy Islamabad w.e.f. 28.11.1989 for three (3) years. In February 1999; appointed as Member Board of Governors for Law Colleges in Karachi; Was Member Pakistan Law Commission, Government of Pakistan; Appointed Provincial Minister for Law, Human Rights, Social Welfare and Women Development in Government of Sindh from April 2002 to December 2002; Presently working as Honorary Chairman of the Legal and Consultative Committee, Government of Sindh with among other, the Provincial Law Secretary and Advocate General Sindh as Ex-Officio members of the said Committee; Appointed as member Law & Justice Commission of Pakistan w.e.f. 13th August 2005.

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, three Joint Secretaries, four Deputy Secretaries, MIS Manager, five Research Officers and other support staff, given below in the organizational chart.

Secretary

Joint Secretary I Joint Secretary II Joint Secretary III

Deputy Secretary I MIS Manager Deputy Secretary II

Research Officer II

Deputy Secretary III

Research Officer IVResearch Officer III

Supdt. Res. & Ref.

Computer Programmer I

Computer Programmer II

Computer Operator

Research Officer Fund

Supdt. Admin

Librarian

Protocol

S. O. Fund

A A O

Admin Section

Library

Research Officer I

S. O. Law

System Analyst

Research Officer V

Deputy Secretary IV

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

2. Performance of the Commission and NJMPC in 2005:2.1 Law and Justice Commission:

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Meeting of NJPMC in session

Activities of Law & Justice Commission during the year, 2006:

The Commission made the following decisions/recommendations in its meetings held at Lahore on 4 February 2006 and 10 June 2006 at Quetta.

Meeting held on 4 February, 2006:In meeting at Lahore on 4 February 2006 the following papers are discussed and approved by the Commission.

2.1.1 Report on Jail Reform.

(i) Amendment in StatutesThe Secretary explained that proposal for reformation of Jail Manual and the prison statute have earlier been approved by the Commission in the year 1997 and the recommendations of the Commission were sent to the Government for implementation. The Secretary stated that some of the recommendations have been implemented by provincial governments but others are still pending with the Government. Two officers of the Secretariat visited various prisons in the country and also met with NGOs and public officials and their reports are incorporated in the revised draft. This report also contains an extract from 4 reports one made by an NGO, second by Jail Training Institute, Lahore, third by a Committee constituted by the NWFP Government and the fourth by the Council of Islamic Ideology on the jail reforms. Suggestions from the public were also invited through publishing notice in the press and views of the Provincial Governments were sought, based on which a revised report on Jail Reform is placed before the Commission. The Chairman observed that the summary of the proposals may be considered one by one.

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On the issue of bar fitters, the Chairman observed that there has been a Court judgment on the subject, whereunder this punishment is prohibited. The Chief Justice, High Court of Sindh stated that this bar was originally placed by a judgment of the High Court of Sindh and it has to be seen whether the judgment is being implemented or not. The Chief Justice, Peshawar High Court expressed the view that in the province of NWFP, all District and Sessions Judges have been directed to visit the jails and make reports on the observance of law by the jail authorities. The Chief Justice, Lahore High Court observed that in the province of Punjab, all District and Sessions Judges visit jails regularly but they may not be going to each and every barrack of the prisoners. The Secretary, Ministry of Law, Justice & Human Rights stated that putting bar fitters as punishment in jail offences may be abolished. The Chief Justice, Federal Shariat Court narrated that the Holy Prophet (Peace be upon Him) disliked a prisoner tied in such a way who could not feel easy to sit or sleep. Mr. Justice (R) Amir-ul-Mulk Mengal desired that power of the Superintendent of Jail to put bar fitters may be curtailed. Mr. Abdul Qadir Halepota, Advocate stated that this power is generally abused for corruption upon the rich and well-to-do prisoners.

The provincial governments are generally in agreement with the proposal to abolish the punishment of bar fitters. The Chairman, however, observed that there could be some dangerous prisoners who are required to be put in fitters when they are transported from one place to another but the power of Superintendents in awarding major penalties need to be subject to appeal, to check the arbitrary exercise of authority. It was, therefore agreed that to prevent the misuse of power of the Superintendent, a right of appeal against the order of the Superintendent in awarding major penalty may be provided to the Sessions Judge. The Commission further recommended that the Sessions Judges shall regularly visit the jail and dispose of the appeals against the orders of the Jail Superintendent.

The Commission also observed that the Government may make arrangements for meeting of prisoners with their spouses in privacy in the jail. The Chief Justice, Peshawar High Court expressed that the NWFP Government has amended the rules to allow/arrange meetings of the prisoners with their spouse. The Chief Justice, Lahore High Court observed that the concession may be misused. The Chief Justice, Federal Shariat Court expressed that by this proposal, the requirement of Islamic law is being satisfied. The Commission resolved that arrangements should be made for long term convicts to meet their spouses in privacy in the jails and the short term convicts/prisoners may be considered for release on parole for the purpose. The Commission dropped the proposal of liberally granting bail to the woman below the age of 18 and above 50 years which is covered by section 497 and the Juvenile Justice System Ordinance, 2000. The Commission also disagreed with the proposal of prescribing time limit for disposal of Hudood cases within 4 or 6 months, as it is not practicable.

Amendment in Rules

For amendments in rules, the Commission dropped the proposal of enhancing the limitation of 7 days for filing appeal on punishment of death to 30 days, because the present limitation of filing appeal against the punishment of death within 7 days of the judgment or order have not so far created any difficulty. For remissions in sentence to

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the prisoners, the Commission observed that a study may be conducted for remission of sentences being awarded from time to time resulting in early release of the convicts and the authorities competent to exercise such powers. Early release of prisoners on miscalculation of remissions granted may also be considered in the study. The Commission, however, resolved that on the pattern of remission to Muslim prisoners for reading Holy Quran, the same concession may also be extended to non-Muslim convicts for reading/educating in their holy books.

The Commission also took notice of the fact that the Government creates new districts and establishes district administration offices therein, but no funds are provided for construction of new jails or judicial lock ups in the districts, which result in transportation of prisoners to the courts in such districts from the prisons allocated in other districts, and the judges remain mostly sit idly in the court without work, awaiting for the accused to be brought from jail in another district. Therefore, the provincial governments, while setting up the district administration offices in new districts must simultaneously construct jail/judicial lock up therein. The Commission further observed that the jail authorities do not observe the court’s orders in letter and spirit and sometimes disobey such orders mischievously as in case of Mrs. Naseem Akhtar who had to be released on 1.7.2005 but was released 6 months after on the ground of alleged miscalculation of remissions. The Commission desired that strict disciplinary action may be taken against such delinquent jail staff for violation of the orders of the court and may be considered for proceeding under the contempt of the court. With the above observations, the Commission approved the proposals made in the revised report on Jail Reform.

2.1.2 Enhancement of Punishment of Fine in Provincial Statutes of Sindh, Punjab, NWFP and Baluchistan.

The Secretary explained that the punishment of fine provided in various provincial statutes, some of which are more than 150 years old, has lost its deterrent effect because of inflation. Therefore, it requires to be suitably enhanced. The Commission had already approved enhancement of punishment of fine prescribed in various Federal Statutes of similar periods under a formula. The Commission, observed that keeping in view the enhancement of fine made later in time, fines in provincial statutes should also be enhanced as per following formula:-

(a) Statutes from 1851 to 1900—5 fold increase in amount of fine.(b) Statutes from 1901 to 1950—4 fold increase in amount of fine.(c) Statutes from 1951 to 1975—3 fold increase in amount of fine.(d) Statutes from 1976 to 1995—2 fold increase in amount of fine.

2.1.3 Amendment in Section 9 of the Muslim Family Laws Ordinance 1961 and Schedule of the Family Courts Act 1964.

The Commission observed that right to maintenance of children is covered in the Muslim Family Laws Ordinance 1961and the Family Courts Act 1964 for seeking relief from courts. However, seeking maintenance out-side the court from the Arbitration Council/Chairman, Union Counsel, children unlike the mother, cannot apply to the Arbitration Council. The Commission resolved that the Muslim Family Laws Ordinance 1961 may be amended suitably, enabling the children to seek maintenance

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from the Arbitration Council/Union Council also before approaching the Family Court. The Commission further observed that the suit for maintenance takes long time for final disposal from lower court to higher court, therefore, the word “may” used in section 17-A of the Family Courts Act 1964 may be substituted by the word “shall” for making it mandatory for the Family Court to grant interim maintenance to the wife and children pending disposal of the case when the re-conciliation proceeding fails. The Commission further observed that major disabled children are not entitled to maintenance, therefore, resolved that disabled major children who cannot maintain themselves may also be made entitled to maintenance by amending the law. The Commission further approved amendment to entitle divorced wife with suckling baby to get adequate cost of living for a period not exceeding two years.

2.1.4 Fraudulent Occupation of Immovable Property

The Commission considered the proposal made in the working paper for compulsorily making of payments of the sale price of immovable property exceeding 100,000/- through banking channel to eliminate false claims of payment of sale amount and the agreement to sell shall be a compulsorily registerable document. The Secretary, Ministry of Law, Justice & Human Rights informed the Commission that the Government has laid a bill in the National Assembly proposing that an agreement to sell of an immovable property exceeding Rs.100,000/- in value to be made compulsory registerable. The Commission observed that apparently, the proposal seems good, however, there is required a study as it may not create difficulties for the general public. The Commission dropped the consideration of proposal as the bill to amend the Registration Act, 1908 is already placed in the National Assembly.

2.1.5 Amendment in Section 99 of the Motor Vehicle Ordinance, 1965.

The proposal to amend the Motor Vehicle Ordinance, 1965 was dropped by the Commission on the ground that one wheeling is already made punishable in the Punjab Motor Vehicle Rules and the other provinces can consider the same amendment for adoption. The Commission further observed that there is no two wheeling possible without a specific ramp made for that purpose. Therefore, apparently there is no problem of two wheeling. The proposal was therefore dropped.

2.1.6 The Judicial Officers Protection Act, 1850.

The Commission dropped the proposal of the repeal of the Judicial Officers Protection Act, 1850 for the reason that it may lead to filing frivolous suits and claims against the judicial officers and would effect adversely their performance.

2.1.7 The Recusant Witnesses Act, 1853.

The Commission considered the Recusant witnesses Act 1853 and resolved that the subsequent enactments like the Code of Criminal Procedure 1898 and the Civil Procedure Code, 1908 provide sufficient measures to force a witness to attend the court for evidence, therefore, the Commission approved the repeal of the Act.

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2.1.8 The Caste Disabilities Removal Act, 1850.

The Commission considered the proposed amendment in the Act on recommendations of Council of Islamic Ideology and deferred further consideration of the Act with the direction that the study made by the Council of Islamic Ideology on the Act while proposing amendment in the Act may be obtained and placed before the Commission for consideration.

2.1.9 Repeal of the Sarais Act, 1867.

The Commission examined the proposal made by the Secretariat and observed that there are Sarais still existing in the Province of Baluchistan and may be in some other provinces which are cheaper place of lodging, therefore, it dropped the proposal.

2.1.10 Repeal of Fatal Accidents Act, 1855

The Commission considered the proposal in the working paper and was of the view that Diyat prescribed in the Pakistan Penal Code is a form of punishment and not a compensation. Further, there might be some fatal accidents which may not be covered by the provisions of Pakistan Penal Code, therefore, the law may hold the field and rejected the proposal to repeal the Act.

2.1.11 Repeal of the Kazis Act, 1880.

The Commission considered the proposal of repeal of Kazis Act, 1880 and upon statement of its members from Baluchistan that there exist Kazis who also solemnize marriage ceremonies, therefore, it deferred the proposal till the matter is clarified by the Secretariat in the next meeting.

2.1.12 The W.P. Urban Rent Restriction Ordinance, 1959

The Commission observed that under section 17 of the West Pakistan Urban Rent Restriction Ordinance, 1959, the order of the Rent Controller is executable as decree of a Civil Court by filing an application for execution of the order as provided in the Civil Procedure Code which again requires notice to the other party taking a long time in service and the property remains in occupation of the tenant. The Commission desired that a study may be conducted to amend section 17 of the West Pakistan Urban Rent Restriction Ordinance, 1959 providing for automatic conversion of the ejectment application into application for execution of order without requiring separate application for the purpose as provided in the Financial Institutions (Recovery of Finances) Ordinance, 2001.

2.1.13 Check on Mushrooms Growth of Law Colleges and Ban on Evening Classes

The Commission took serious note of declining standard of legal education with observation that any person who cannot succeed in any professional or other examination get admission in the law colleges, especially those which conduct classes in the evening, and after getting the LL.B. Degree adopt the legal profession which has now been overcrowded. These colleges have no regular faculty nor other institutional

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arrangements so the students hardly possess any knowledge required by the profession. The Commission further observed that despite heavy enrolment in the bar, it is difficult to find suitable candidates for induction in the judiciary. The Commission appreciated the approval of 5 years LL.B. degree course in the Punjab. The Commission constituted a Committee headed by the Chief Justice, Lahore High Court and comprising Mr. Justice (Retd) Amir-ul-Mulk Mengal, Mr. Justice (Retd) Qazi Muhammad Farooq, Mrs. Nasira Iqbal and Mr. Abdul Qadir Halepota as members to examine the system of legal education, the running of evening classes, the de-affiliation of low standard law colleges, review of course studies and make a report for consideration of the Commission on priority basis. The Committee may also consider the stipulated requirement of BA, LL.B. for granting licence, the induction of retired personnel in the legal profession and its effect on the future of young lawyers in the profession. The Commission also desired that the Committee may explore ways and means of having the holders of first division LL. B. degree holders attached with the senior members of the bar on payment of stipend to provide them a better opening. The Committee may co-opt any other suitable person e.g. Mr. Justice (Retd) Nasir Aslam Zahid and the Higher Education Commission, in the project.

The Commission also considered the observations of Mr. Justice Sabihuddin Ahmed, Chief Justice, High Court of Sindh that the word “a court” used in section 497 Cr.P.C. gives cognizance to the magistrate to grant bail to accused triable by the Court of Sessions which creates an anomaly as bail may be granted by a court which is not competent to try that offence. The Commission considered the provision of section 497 Cr.P.C. and stated that unless the Challan of a case is submitted in the Court of Sessions, it cannot take cognizance of the case. The Commission observed that it is an effect of law reforms 1972, however, the issue is streamlined by the judgments of the superior courts.

Meeting held on 10 June, 2006:In meeting held on 10 June 2006 at Quetta, the following papers are discussed and approved by the Commission.

2.1.14 Amendment of Rules Framed under Stamp Act 1899

The Secretary explained to the Commission the observations of the Chief Justice Lahore High Court that one of the cause in rises of litigation is the false agreements made in the back date on the Stamp Papers issued with in the back date by the stamp venders. The Lahore High Court therefore, proposed that the rules under the Stamp Act 1899 may be amended to provide for printing of each stamp paper with a serial number and date of printing on top of it to check the making of antedated and forged deeds and element of fraud therein.

While considering the proposal, the Chairman stated that the stamp venders make false entries in their sale register of stamp papers and sell the stamp papers in the back date in connivance with the party which fraudulently prepares on it antedated or forged deed in regard to immovable property i.e. agreement to sell, rent deeds, gifts and other documents creating title or interest in such property. The Chief Justice High Court of Sindh informed the Commission that in Karachi the stamp papers are issued to the

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attornies instead of parties which if not used by them are sold for using for the above purpose. The Chairman remarked that it is very important suggestion to eliminate the chances of forgery and fraud in making of deeds with regard to immovable property. The Chairman added that the venders should enter in the register of sale of stamp papers, the serial number and date of printing and the issue date and also certify date of purchase of such paper and number of challan of payment against which it is purchased on the back of the stamp paper. After deliberations, the Commission approved the proposal of the Chief Justice Lahore High Court to amend Rules 2,8, 26, 28, 29 and 29-A and insertion of a new rule 33A in the Supply and Distribution of Stamp Rules 1954 providing for printing of stamp papers with serial numbers with date of printing and the ex-officio vender/ licensed vender shall enter into their concerned registers of sale the serial numbers and date of printing of the stamp papers issued to the licensed vender or sold to the public and the ex-officio vender may not issue further stock to the stamp vender unless the previous stock is sold out.

2.1.15 Amendment in the Civil Procedure Code 1908

The Commission considered the proposal of Mr. Justice Tariq Parvez, Chief Justice Peshawar High Court to add a new Section 35B in the Civil Procedure Code in line with Section 35A of the Code to empower the appellate or revisional court to award cost to other party if it is satisfied on objection of such other party that the appeal or revision against interlocutory order is filed without just cause and only to prolong the proceedings in the subordinate court.

The Chairman observed that the appeal is a continuation of suit or proceeding and a right of the party cannot be taken away by any reason. A single instance of misuse of jurisdiction requires to be corrected by the court having revisional jurisdiction. The Chairman also observed that the right of appeal or revision may not be denied in any form as by it the matter goes before the more experienced persons sitting in the higher courts. The Chairman further expressed that on awarding costs under the proposed Section 35B the aggrieved party will come into appeal which would also result in delay in disposal of the case with the trial court. Mr. Justice (Retd) Qazi Muhammad Farooq observed that under Section 107 Civil Procedure Code the appellate court has the same powers as vested in the trial court and can award costs under Section 35A of the Code where it feels necessary. The Chief Justice Lahore High Court supported the views of the Chairman and of Mr. Justice (Retd) Qazi Muhammad Farooq with the remarks that appeal is continuation of the suit in which appellate court can dismiss the suit. The Commission observed that existing provisions of Order XLIII of the Code empower the appellate court to award costs to the respondent if he defends the appeal with leave of the court and the court dismisses it in limine. The Commission therefore dropped the proposal.

The Commission also considered another proposal of the learned Member for amendment in Section 11 of the CPC to exempt the suit stayed under Section 10 CPC from operation of Res Judicata on dismissal of earlier suit as presently the plaintiff in the stayed suit is deprived from any relief because of provisions of Section 11 CPC.

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The Chairman observed that although there exists no express provision in the CPC for consolidation of suits but there exists a practice under which all suits on the same cause of action are tried together and disposed of with a single judgment by exercising powers under Section 151 CPC. The superiors courts also club all the cases of similar nature and decide with one judgment. The Chairman further observed that only that suit is stayed under Section 10 CPC which cannot be consolidated with the former suit on being filed after a long delay during which a lot of proceedings have been conducted in the former suit therefore, at this stage the later suit is stayed under Section 10 CPC. Mr. Justice Qazi Muhammad Farooq, the Chief Election Commissioner observed that when a subsequent suit is stayed under Section 10 CPC its trial will commence as soon as the former suit is dismissed. The Chief Justice High Court of Sindh observed that in the example given by the learned Member the issue is not one and same in both the suits therefore, the 2nd suit may proceed and cannot be stayed. The Chief Justice Lahore High Court observed that there seems no justification to amend the CPC which already caters the given situation. The Chief Justice Federal Shariat Court observed that suit for declaration and suit for possession are two different suits therefore, the later cannot be stayed under Section 10 CPC. The Commission after deliberations dropped the proposed amendment. 2.1.16 Amendment in the Code of Criminal Procedure 1898

The Commission considered the other proposal of Chief Justice Peshawar High Court to amend the Code of Criminal Procedure 1898 for adding a provision for attachment of property of witness to compel his attendance in the court like provided in Section 32 of the Civil Procedure Code 1908. The learned Member explained to the Commission that procedure of attachment of property of defaulting witness given under Sections 87,88 and 90 of the Cr.PC is so lengthy that the courts rarely or never resort to attachment of property of the witness to compel his attendance.

The learned Member further proposed that the Cr.PC may be amended to provide for abatement of inquiry, investigation and trial on death of offender as no such express provision exists at present in the Code. He explained the Commission although as a practice the trials stand abated on the death of the accused but there requires a specific amendment in the Code to provide in this regard. However, the court before ordering the abatement of trial proceedings take such evidence in proof of death of the accused, as may be deemed necessary.

The Commission examined the respective provisions in both the Codes with regard to issuance of summons, warrant of arrest, proclamation and attachment and observed that although, Section 32 of the CPC contains simple provision for attachment of property of defaulting witness but the procedure detailed in rules under Order XVI of the CPC is also lengthy. As the Cr.PC contains no such rules or Orders as contained in the CPC, therefore, the attachment procedure is given in Sections 87,88,90 of the Code which seems lengthy which in fact is similar to that as contained in rules 10 to 13 under Order XVI of the CPC. The Chairman further observed that most of the times police mentions false witnesses in the criminal case who even does not know about the offence committed, therefore, when they are called for evidence they naturally avoid to appear in the court. The Chief Justice Lahore High Court observed that sometimes service personals are not allowed by their offices/departments to appear for evidence in the court or people because of fear or threat do not come for witness. He further expressed

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that while making under Section 173 Cr.PC police is bound to produce witnesses in the court therefore it is not justified to attach their property and sell it. The Commission therefore, dropped the proposal.

2.1.17 Amendment in the Arms Ordinance 1965

The Commission considered amendment in the Arms Ordinance 1965 proposed by Mr. Justice Muhammad Sadiq Leghari, Judge, High Court of Sindh that offence under Section 13 and 14 of the Arms Ordinance 1965 is triable by the Court of Magistrate however, in many cases it has been connected with the offence punishable under some other law triable by the Court of Sessions which results in clash of decisions of the two courts. It was therefore, proposed that when an offence triable by Court of Sessions is connected with the case triable by Court of Magistrate under the Arms Ordinance the later case may be tried by Court of Sessions instead of the Magistrate. The Chairman observed that the proposed amendment is very useful which addresses the anomaly in trial of two connected offences and the accused on having acquitted by the Court of Magistrate produces copy of the judgment of his acquittal by the Magistrate under the Arms Ordinance in the Court of Sessions as a defense or a notice of circumstance going in his favour and gets acquittal or lesser punishment. After these deliberations the Commission approved the amendment in the Arms Ordinance 1965

2.1.18 Amendment in the Sindh Rented Premises Ordinance 1979

The Commission also considered 2nd proposal of Mr. Justice Muhammad Sadiq Leghari Judge High Court of Sindh to amend the Sindh Rented Premises Ordinance 1979 to empower the rent controller to order recovery of arrears of rent from the tenant as arrears of land revenue who fails to deposit such arrear of rent of fair rent determined by the Rent Controller is not deposited. The Commission observed that the Rent Controller is qasi judicial court and not a civil court therefore it cannot be given the powers of civil court to execute its orders through arrest and detention of the tenant and attachment of property. The Commission therefore, dropped the proposal.

2.1.19 Amendment in the Code of Criminal Procedure 1898

The Commission considered 3rd amendment proposed in Code of Criminal Procedure by Mr. Justice Muhammad Sadiq Leghari, Judge High Court of Sindh similar to that earlier proposed by Mr. Justice Sabihuddin Ahmed, Chief Justice High Court of Sindh that the court having jurisdiction to try an offence may only grant bail to the accused and the report under Section 173 of the Cr.PC may be submitted directly to the Court of Sessions having jurisdiction to try the offence. Mr. Justice Sabihuddin Ahmed explained to the Commission that the word ‘Court’ used in Section 497 of the Cr.PC is not defined and the court of Magistrate although having no jurisdiction to try the offence punishable with the sentence of death can grant bail as being a Court when the case is triable by the Court of Sessions.

The Commission after deliberations expressed that the Code of Criminal Procedure has in it a scheme of law under which the provisions of inquiry, investigation and trial of offences and the proposed amendment in the Code will disturb the scheme of the Code as being in conflict with the provision in rest of the Code. It is not proper to assign the

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power of remand of accused etc to the Court of Sessions. The Commission therefore directed that the Secretariat may study the Indian Code of Criminal Procedure and the other countries for the purpose of improvement in the Code of Criminal Procedure. The Commission also directed that material brought by Mr. Justice Tassadiq Hussain Jilani from USA may also be considered for the purpose. By these observations the Commission dropped the proposal.

2.1.20 Proposals for Law Reform by Mrs. Nasira Iqbal

The Commission considered the Law Reform proposal of Mrs. Nasira Iqbal, Member of the Commission. The proposal was to amend Order V of the CPC through which was that personal service upon defendant may also be effected through sending summons to the Nazim of Union Council where the defendant resides like provided in the Family Courts Act. Further, all forms of process provided in the Code for personal service and substituted service i.e. publication in the press or through telex, telegram, fax or advertisement on print and electronic media may be used simultaneously for service on the defendant.

Mr. Justice (Retd) Qazi Muhammad Farooq expressed that the distinct provisions made for personal service and substituted service of summons upon the defendant may be effected separately. The Chief Justice Peshawar High Court observed that in civil suits there can be a large number of defendants living within and out of the country and it would burden the plaintiff with heavy costs. The Chairman observed that the amendments made in rule 20 of Order V of the Code in 1994 provide for use of all the modes for substituted service simultaneously to avoid delay in case personal service is not effected. The Chairman further expressed that the provisions of existing Rule 10-A of Order V CPC as amended by the Lahore High Court for using courier service may be adopted by the other High Courts which also provides issue of summons through registered post acknowledgment due. With these observations the Commission dropped the proposal.

The next proposal of the learned Member with regard to initiating proceedings of Qazf against the complainant by the court itself under the Offence of Qazf (Enforcement of Hadd) Ordinance 1979 when he fails to produce 4 witnesses, the Chief Justice Federal Shariat Court informed the Commission that the matter is sub judice before the court and would be decided expeditiously. The proposal was therefore, dropped.

The learned Member further sought the Commission to issue direction to the lower courts for early disposal of hudood cases. The Commission agreed with the proposal to be taken in the meeting of the NJPMC. The Commission also dropped the proposal of the learned Member for putting ban on Kite flying as being sub judice in the Supreme Court.

Towards the proposal of learned Member about the extension of Federal Law relating to consumer protection to the Provinces, the Commission observed that it is a provincial subject and the provinces can enact law on the subject. On the proposal of curtailing long adjournments granted by the courts, the Commission observed that ratio may be examined by the Commission Secretariat in the light of a book with the Chief Justice Lahore High Court (brought from USA) consisting suggestions to curtail long

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adjournments. The Secretary requested for copy of the book from the Chief Justice Lahore High Court who very kindly agreed to lend it for copying.

2.1.21 Registration of documents

The Commission considered the proposal to amend the provisions of the Registration Act 1908 and the rules made thereunder to regulate and supervise job of conveyance writing. The Commission was informed that presently the petition writers licensed by the High Courts, perform the job of deeds/conveyance writing who are not qualified for it. The defective deeds create a lot of hardships to the parties and give rise to litigation in the courts. The Commission also considered recommendation received from the Lahore High Court Bar Association that the lawyers may be assigned the job of conveyance/deed writing. The Chairman remarked that lawyers have studied the subject of conveyancing in the law course therefore, they will be better qualified for writing of deeds/conveyances. The Secretary Ministry of Law and Justice Division expressed that lawyers are not competent for the deed writing unless they have some experience in the field. The Chief Justice High Court of Sindh observed that lawyers may receive fixed fee of Rs. 200/- for writing of conveyance/deeds. After these deliberations the Commission approved the proposal to amend the Registration Act 1908 and the rules made thereunder to regulate the enrolment and licencing of deed/conveyance writing by the Inspector General of Registration. The Commission added that lawyers, being eligible, must also continue to draft conveyances and deeds.

2.1.22 Deletion of Paras 22,23,24 of Part-VI of the Land Reform Regulation 1972

The Commission considered the proposal to delete Para Nos. 22,23 and 24 of the Land Reforms Regulation 1972 from the statue book to carry out direction of the Supreme Court of Pakistan as the Government has not yet done so despite these provisions have ceased to effect on being declared repugnant to the injunctions of Islam. The Chairman remarked that as the law has ceased to have effect, therefore, no amendment to delete these provisions is required. The Secretary explained that in the past the Commission have been approving such like proposals by recommending to the Government to amend the relevant laws as per directions of the court however, the Chairman expressed that it is not a case of amendment in the law but of a public awareness which may be carried by the Commission Secretariat and dropped the proposal.

2.1.23 Execution of Foreign Decree

The Commission considered the proposal to amend Section 44-A of the CPC 1908 which empowers the courts in Pakistan to execute a foreign decree. The Secretary explained that the proposed amendments is made on the observation of the High Court of Sindh in PLD 2003 Kar 382. The Chief Justice High Court of Sindh explained to the Commission that it was his judgment although he does not remember the questions involved therein however, as he recalls it related to a decree passed in foreign country having a reciprocating agreement with Pakistan for execution of decree of the courts within the two countries. The Chief Justice further expressed that the execution of decree under Section 44A of the CPC further requires fulfillment of certain conditions laid down in Section 13 of the Code which are:-

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(i) its pronouncement by the court of competent jurisdiction;(ii) given on the merits of the case;(iii) passed on correct application of the international law;(iv) not to be opposed to natural justice;(v) should not be based on fraud.

The Chairman expressed that presently the conditions to be fulfilled by the decree of the foreign court for execution is not in question however, Section 44A of the Code still contains the words “the superior courts of the United Kingdom which requires to be deleted / substituted as done in the Indian CPC. The other members agreed to the views of the Chairman and the Commission approved that the words “United Kingdom” may be deleted from Section 44A and words “reciprocating country and territory” may be replaced for it.

2.1.24 Removal of Anomaly in Sections 334, 337-P of PPC

The Commission considered anomaly between Section 334 and 337P of the PPC with regard to execution of Qisas in hurt if it is not executable at a public place in opinion of the authorized medical officer in absence of surgical facilities. The Chairman remarked that the proposal will open an unending debate in the public. Mr. Justice Qazi Muhammad Farooq expressed that no Qisas of hurt has ever been executed. The law of Qisas and Diyat was enacted after the Supreme Court had given a target date afterwards general Islamic law on the subject would have to take force. Therefore, the Government hurriedly introduced this law in the Pakistan Penal Code. The present provisions of the Section 337P of PPC may stay as they are till any difficulty arise in future towards executions of Qisas. With these observations the Commission dropped the proposal.

2.1.25 The Caste Disabilities Removal Act 1850

The Commission considered the Caste Disabilities Removal Act 1850. The Commission was explained by the Secretary that a number of letters were issued to the Council of Islamic Ideology to supply the copies of study of the law while recommending amendment in the Act by the Council for placing before the Commission but the Council replied that there is no record of study available in the Council. The Secretary further explained that the amendment proposed by the Council of Islamic Ideology is adopted from the book written by one of its Chairman, Mr. Justice (Retd) Tanzilur Rehman. The Chairman observed that the issue relating to guardianship is very technical and will create a lot of problems therefore, the Commission dropped the proposal of adding proviso to the Act however, the Commission recommended omission of the words East India Company from the Act.

2.1.26 The Kazis Act 1880

The Commission also considered Kazis Act 1880 which was earlier deferred in the last meeting for want of report of Mr. Justice (Retd) Amir-ul-Mulk Mengal that in certain areas of Balochistan, Kazis are still appointed and functioning under the Act. The learned Member informed the Commission that the appointed of Kazis under the Kazis Act 1880 is different than the appointed of Kazis under the Dastoorul Amal Diwani Qalat and Shariat Regulations enforced in parts of Balochistan. He added that there are

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no Kazis appointed under the Kazis Act in the Province of Balochistan. The Secretary Law and Justice Division informed that the Act has already been repealed in its application to the Federal territory. The Commission therefore, approved repeal of the Qazi’s Act 1880 in its application to the Province.

2.1.27 Amendment in the Balochistan, NWFP, Punjab and Sindh Motor Vehicles Ordinance 1965 and Section 94 of the Motor Vehicles Act 1939

The Commission considered the Provincial Motor Vehicle Act and the amount of compensation prescribed therein for the death or hurt caused by an accident. The Chairman expressed that existing amount of compensation for the loss of life in accident as Rupees ten thousand is a meager amount which may be as nearly as possible to the amount of Diyat according to circumstances of the case. Mr. Justice Qazi Muhammad Farooq expressed that the compensation under Section 67 of the Ordinance for the loss of limb or hurt in accident under the Act may also be as nearly as the amount of Arsh prescribed for hurt in the PPC. The Commission observed that most of the accidents on the roads happen because of attending mobile phones calls or watching T.V etc by the drivers which diverts their attention from the safe driving therefore, the Commission resolved that these may be made an offence under the Act punishable with the fine of rupees Two thousands may be enhanced to rupees Five thousands. Fine for driving without licence and by the juvenile differently prescribed in four provinces may be enhanced to rupees one thousand.

After thorough deliberations, the Commission approved the working paper and in particular the following enhancement of fine to various offences under the Act.

1 2 3 4Nature of offence Imprisonment Fine existing Proposed Increase97. Driving being disqualified, obtaining new licence without disclosing disqualificationIf vehicle is a transport vehicle

6 months

2 years

500

1000

1000

2000

97-A [in Sindh]Fabricating registration plate

Under Section 25

2 years or

2 years

FineThis provision may also be made applicable in Balochistan, NWFP, Punjab and Federal Capital

98. to excessive speed 98 (1) (2)

--

100-500200-500

99. driving recklessly or dangerously if transport vehicle

6 months1 year

5001000

10002000

99 (2) Subsequent 2 years 1000 5000

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offence Transport Vehicle

4 years 1000100 Driving under influence of drugSubsequent offence

6 months

2 years

10001000

20005000

101 Mentally or physically unfitSubsequent offence

-

-

200

500

1000

5000103 racing or trial speed

6 months 1000 2000

104 Using vehicle in unsafe condition

Subsequent offence

1 month

6 month

500

1000

1000

5000106 using vehicle without permitsubsequent

6 months2 years

5001000

10005000

112 General Provision where no fine penalty is prescribed Subsequent offence

100500

5002000

2.1.28 Amendment in the first Schedule of the Limitation Act 1908 and Section 115 of the Code of Civil Procedure 1908

The Commission considered Section 115 of the CPC with reference to application of Section 5 of the Limitation Act 1908 in filing of revisions. The Secretary explained the Commission that Section 115 of the Code was amended in 1992 to provide a period of 90 days for filing of revision petition and a provision was added prescribing limitation of 90 days for filing of revision by a new Article 162A in the Limitation Act 1908. The Supreme Court however, in 2001 SCMR 286 held that in view of Section 29 (2) of the Limitation Act 1908 the provisions of Section 5 of the Limitation Act are not applicable in cases of delay in filing revision petitions under section 115 CPC as the CPC is a special law. Prior to this judgment in AIR 1952 Mad 186 it has been held that the CPC is a general law and section 29 (2) of the Limitation Act do not apply to it. The Chairman observed that the judgment of the Supreme Court has become public property, which cannot be recalled at this moment. After deliberations the Commission approved that in Section 115 of the Code an amendment may be made extending the application of Section 5 of the Limitation Act 1908 to the revision filed under Section 115 of the Code as made applicable in Order IX rule 13 of the CPC to meet the eventuality.

2.1.29 Amendment in Sections 96 and 115 of the Code of Civil Procedure 1908

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The Commission further considered the term “case decided” used in Section 115 of CPC and the provisions of Section 96 of the Code providing right of appeal against the decree passed by the court exercising original jurisdiction which does not cover the decree passed by exercising revisional jurisdiction. The Chairman observed that the term case decided cannot be defined within specific four corners. It is applied in each case with reference to the facts of the case. The Chairman further observed that even a single instance of improper exercise of jurisdiction can be taken as case decided which effects fate of the case. Therefore, the term “case decided” cannot be given specific meanings. The proposal is dropped.

The Commission also considered the proposal of amending Section 96 of the CPC for providing right of appeal against the decree passed by the court in exercising its revisional jurisdiction as at present the party have to seek remedy under Article 199 of the constitution in absence of any right of appeal provided in the Code. The Commission observed that it would open a flood gate of appeals against the revisional orders/decrees increasing further workload over the courts already deficient of judges and staff. The Commission therefore, dropped the proposal with the observation to let the aggrieved party resort to the alternate remedy against the order or decree of the revisional court.

2.1.30 Preventing Banking Companies to Levy Service Charges on Small Deposits

The Commission considered the levy of service charges on deposit of small account holders by the commercial banks. The Secretary read out the comments of the State Bank of Pakistan called vide Commission’s directions in a meeting in the past. The Chairman expressed that these service charges are a sort of imposition of tax upon deposits of small account holders who generally belong to the poor segments of society and cannot keep constantly an amount of Rs. 5000/- in their accounts. The Commission further observed that the State Bank has given an open hand to the commercial banks to charge whatever they like from the accounts of the small deposit holders i.e. from Rs. 50/- to 300/- on monthly basis which could consume whole the savings of the poor depositors when the big account holders are exempted from such charges and it is clear discrimination to the small account holders. The Commission observed that the State Bank of Pakistan may direct the commercial banks to not to recover the service charges from the small account holder which generally belong to labourers and farmers particularly of the rural areas and treat them equal to big account holder having deposits above Rs. 5,000/-. The Commission further directed that the deduction of specified amount from deposits at the time of closing of account is also unfair. Further, that the method fixing profit on deposits, after deducting expenditure/administrative charges, in an arbitrary way is also unfair to the general public who are thus deprived of their due share of profit. With these observations, the Commission directed that this recommendation may be sent to the Ministry of Finance for implementation by directing the State Bank of Pakistan to carry out the recommendation of the Commission in letter and spirit.

2.1.31 Report on Jail Reform (Revised)

Summary of Recommendations

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(i) Amendment in Statutes

1. The punishment of putting bar fetters should be abolished in all prisons. 2. The relevant prison law prescribing the punishment of whipping for jail offences

should be repealed so as to comply with the Abolition of Punishment of Whipping Act 1996.

3. With a view to check the abuse of discretionary powers of Superintendent, the prisoners should have a right of appeal against major penalty, to be filed before the District and Session Judge.

4. Special arrangements be made for long term convicts for meeting of couples in privacy in the Jail, and the short term convicts/prisons be considered for release on parole and the jail authority should issue a certificate to this effect to avoid future complications.

(ii) Amendment in Rules

1. Prisoners should be allowed to keep a radio (with headphone), wristwatch, books, paper and pen/pencil, without having to obtain any permission. 

2. All convicts of Class "C" should be allowed to wear their own clothes instead of jail uniform.

3. The duration of walk time for condemned prisoners should be extended from half an hour to one hour, each in the morning and evening, and the rule pertaining to the use of hand'cuffs, during such walk, may be applied only in respect of terrorists or dangerous criminals.

4. Arrangements should be made for the accommodation, food, education and recreation of children, accompanying convict women.

5. Proper security system should be ensured in jails. Closed circuit T.V. equipment should be installed in jail and the staff be given appropriate gadgets for detecting escapes. Such staff must also be given appropriate training for the purpose.

6. The system of granting remission on account of acquiring education and higher qualifications should also be reviewed with a view to allow remission on the basis of certificate/degree awarded. For higher degrees the period of remission should be greater. 

7. Arrangements should be made for provision of legal aid to indigent prisoners and to facilitate prisoners in meeting their counsels.

8. Children should also be allowed to meet their relations in prisons. 9. The prisoners not involved in heinous offences and having good character and

record should be allowed to join their families for two to three days after each four months.

10. Improvement of facilities in prison (food, clothing, medical, sanitation and education) etc.

11. Regular official visits to the prison in every three months be arranged for the Inspector General of Prison along-with District Nazim, District & Sessions Judge and Director of Health Services.

12. Adequate facilities be provided in death cell.13. The remission system be rationalized so that the prisoners with good conduct

may be benefited.

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14. Immediate judicial inquiry be conducted by additional District & Session Judge in case of suicide or death of any jail inmate.

15. Foreigner prisoners may be allowed to meet staff from their missions in Pakistan and seek legal aid. Arrangements be made for repatriation on completion of their sentence. Foreigners involved in minor offences be deported to their country of origin.

16. Arrangement should be made for regular medical check-up and treatments of jail inmates.

17. At the time of release on completion of sentence of the convict, sufficient amount be paid to him to defray travelling expenses or the relatives be informed well in advance so that they may take the convict on his release to their native place/residence.

18. Efforts be made to house the convict near his native place so that his relatives may visit him without incurring expenditure on travelling and avoid wasting of time.

19. Political prisoners be housed in separate place and they should not be housed with other criminal convicts/offenders.

20. Mental patients should not be housed in jails as they create disturbance for other inmates.

21. Under rule 543 the convict may be allowed to write two letters in a week to their relatives.

(iii) Administrative Actions

1. New prisons should be constructed in the outskirts with proper facilities for prisoners. The conditions of police/judicial lockups should be improved and due facilities, such as fans, benches and toilets should be provided therein. 

2. The facilities of out-door games like football, basketball and in-door games should be provided.  

3. The number of prisoners in a death cell should be according to the capacity of the cell. 

4. Arrangements should be made for the setting up of separate and exclusive prisons for women and juveniles prisoners at all district levels. Proper education and training should be provided to the women prisoners and juvenile offenders during prison period. 

5. In every jail, facilities should be made available for religious, general as well as vocational/technical education to prisoners. 

6. Arrangements should be made for the proper utilization of Open Jail, Badin. Similarly, open jails should also be established in other places. To start with, at least one such facility should be immediately established in each province. 

7. Sick industries in jail should be revived and private sector encouraged to establish industrial units in jails. The prisoners should be trained to work in such industry and paid adequate wages.

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8. In each prison, a qualified medical officer, nursing staff and essential medicines should be provided. In case of serious illness, the prisoner should be referred to an appropriate hospital for tests/treatment. Periodic visits by consultants, specialists, psychologists, psychiatrists etc should also be arranged.  

9. The medical officer should be provided residence on or near the jail premises so as to ensure his/her availability in emergent cases.

10. Proper treatment for drug addicts should be arranged in jail hospitals or outside, in public/private hospitals/clinics. 

11. The system of jail inspection be strengthened so that the judges of High Courts and Subordinate Courts regularly visit jail and give on-the-spot instructions regarding the cases of under-trial prisoners. 

12. Proper facilities should be provided in meeting halls so as to facilitate prisoners in meeting their relatives/friends. Prisoners with good conduct may also be released on short parole to meet their families and help them in tasks such as cultivation/harvesting of crops, etc. 

13. Steps should be taken for eradication of corruption in jail.

14. All remissions granted or earned should be recorded on the history ticket. Such ticket must be in duplicate with one copy available with the prisoner. The prisoner should carry the ticket along on transfer to another jail.

15. For release on short parole, permission should be given by the Director, Reclamation & Probation, after due process.

16. A greater number of prisoners should be released on parole not just for working as domestic servants but also to be employed in trade, industry and other commercial institutions in the public/private sector.

17. With a view to address the problem of lack of transport facilities and security arrangements; the Government may establish courts on or near jail premises for the expeditious disposal of cases.

18. The Federal and Provincial Governments should arrange more funds to cater the needs of food and medicine of jail inmates.

19. Steps be taken for expeditious dispensation of justice.

20. Women and indigent prisoners confined in jail and unable to arrange the payment of fine or compensation should be released through contribution/assistance provided by volunteer associations, philanthropists/NGOs.

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21. The task of processing of cases pending over several years, contributing to overcrowding in jail, must be speeded up by establishing more courts, appointing more judges, improving methods of investigation and streamlining the trial and bail procedures.

22. Jail officials, guilty for illegal detention of prisoners be punished under the law. The officials responsible for detention of prisoners on completion of their prison sentences, in safe house in violation of law, be penalized.

23. Shortage of police vehicles and staff which continues to hamper the production of prisoners before court be overcome by providing more vehicles and staff by the provincial Governments.

24. Jail staff disobeying court orders with regard to right and welfare of prisoners be taken to task.

25. Steps may be taken to eliminate the causes of escape and breaking of jail. Further, the recommendations contained in various reports on jail escape be implemented.

26. To check jail cleanness and inmates conditions, the Provincial Minister for Jails and Inspector General, Jail may pay surprise visits during three months period and issue standing orders to jail authorities with regard to cleanness and solving the problems faced by the inmates.

27. There should be no cruel treatment to prisoners and their shifting from one place to another as punishment be prohibited.

28. The cases of juvenile offenders be dealt with in accordance with the provisions of Juvenile Justice System Ordinance, 2000. They should be kept in congenial environment in borstals where these are facilities for medical care, education, training and sports/entertainment.

29. The Government should provide free legal aid to defend the cases of children and women who have no means to defend themselves.

30. Female Juvenile offenders be housed in separate enclosures of the borstal institutions.

31. The police should strictly adhere to the statutory provisions regarding detention of the accused.

32. The career progression of prison staff be ensured, terms and conditions of service improved and they should be imparted adequate training.

33. Sexual harassment and physical torture of children which are common in lock-ups and are worse sort of victimization be eliminated through disciplinary proceedings against the officials involved in such acts.

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34. Basic facilities such as fans, benches, toilets etc. be provided in lock-ups and new lock-ups be constructed with basic facilities, where needed.

35. Family members be allowed to bring food but it shall not be served as a supplement to replace normal food which is the exclusive responsibility of the Government.

36. Setting up of canteen within premises of prison for certain eatables, drinks and other essential item be ensured, though a situation must never arise that prisoners have to buy food from the canteen to survive.

37. Jail staff guilty of violating the provisions contained in Jail Manual must be punished under the relevant law.

38. Arrangements be made for courtrooms in major jails in all the provinces to introduce video trial system for juveniles, females and hardened criminals in jails. Such court must however be freely accessible.

39. Computerized record of all detainees in jails should be maintained and networking established to connect all prisons.

40. For security purposes, the Central and District Jails should be equipped with metal detectors, wireless sets, computerized video cameras and latest weapons. Scanner machines be installed at main gates to search the visitors and luggage.

41. The parole and probation law should be used liberally.

42. Separate high security prisons be constructed in each province to house the terrorists that are currently being detained in different jails in various parts of the provinces, and these prisons should incorporate full proof security systems to keep a vigilant eye on the prisoners to avoid untoward incidents.

43. On the pattern of remission to Muslim prisoners for reading Holy Quran, the same concession may also be extended to non-Muslim convicts for reading/educating in their holy books.

44. The Provincial Governments, while setting up the district administration office in new districts must simultaneously construct judicial lock up therein.

45. Take strict disciplinary action against those delinquent jail staff who violate the orders of the court and will also be considered for proceeding under the contempt of the court.

2.2 National Judicial (Policy Making) Committee:

The National Judicial (Policy Making) Committee was established in 2003 and has since become functional. During 2006, the Committee meet two times and made the followings decisions:

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Meeting held at Lahore on 4 February 2006:The National Judicial (Policy Making) Committee in its meeting held at Lahore on 4 February 2006, considered the following issues.

2.2.1 Establishment of Family Courts and Appointment of Family Judges.

The Secretary placed before the Committee a statement containing report of pending family cases and the female judges working as family judges in all the four provinces. The Chairman observed that for early disposal of family suits more family judges may be recruited and also to satisfy the requirement of law, a female family judge must be appointed in each district. The Chief Justice Lahore High Court informed the Committee that in the Punjab province, there are 33 Female Civil Judges who are designated as family judges but their working is not satisfactory. The Chief Justice Sindh High Court stated that in Sindh there are 18 Female Civil Judges who are working as family Judge and some of them are appointed for two districts. He further informed that no female judge is willing to work where there is no secure accommodation available. The Chief Justice of NWFP also stated that there are some districts in the province of NWFP where even male judges are not willing to be posted. The Chairman expressed the view that when there are other female government staff in such districts, then why the female judges cannot work. The Chairman further observed that there is the requirement of law to appoint a female judge at each district and this requirement must be met by appointing more female Family Court Judges. The concerned Governments may therefore, be requested to provide additional budget along with creation of new posts of female judges for setting up of Family Courts. The Family Judges may be appointed in their own cadre as Family Court Judges from amongst the persons qualified to become a Civil Judge. The Female Civil Judges appointed as Family Judges may be placed on the civil side for which they are appointed. The Committee agreed to the proposal and resolved that further exercise with regard to creation of posts and framing their recruitment rules, and also demand for budgetary grant for setting up of Family Court may be finalized before 30-6-2006.

2.2.2 Automation Plan for Judiciary.

The Secretary explained the progress made so far in case categorization of the Supreme Court and the High Courts which has been completed. It will latter be done for the lower courts. The Chairman observed that there is still a need for a uniform categorization of all cases filed in courts. He further desired to know the progress with regard to video conferencing facility, earlier approved. The Secretary informed the committee that PC-I for the purpose was sent to the PMU which made some queries thereto, which were addressed and revised PC-I has again been sent to the PMU for approval.

2.2.3 Prioritizing Cases of Vulnerable Groups (Women & Children) left over Unconsidered.

The Chairman emphasized upon the need for quick submission of data to prepare appropriate strategy for the purpose. The High Courts were requested to expedite the process of submission of such data.

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2.2.4 Allegation of Corruption in Local Bodies Election 2005.

The Chairman stated that the appointment of judicial officers as Returning Officers etc in the Local Bodies Election 2005 has further defamed the Judiciary which is already under criticism from the general public. There are complaints against the Judicial Officers working as election officers during the Local Bodies elections for preparing false results. The members responded that due to the deputing of judicial officer in elections duties, a lot of time is wasted and practically judicial work comes at stands still for two months. The Chief Justice High Court of Sindh informed that five Judicial Officers are being proceeded against on complaints of corruption in the local Bodies elections. The Chairman directed the Secretary to send copies of all the complaints received in the Supreme Court to the Registrars of High Courts for appropriate action by the respective High Court. The members stated that they will look into such complaints and take suitable action in the matter. The Committee observed that it is important to cleanse the courts of corruption and malpractices to create a clean image of the judiciary.

2.2.5 Holding of National Judicial Conference.

The Committee considered the holding of Annual Judicial Conference, earlier postponed so many times in the past, and decided that it may be scheduled in a way to become part of the Supreme Court Golden Jubilee Celebrations, in which besides judges of the superior courts, the judicial officers should also be invited.

2.2.6 Elimination of corruption from the Judiciary.

The Committee considered the issue of elimination of corruption from the Judiciary. The Chief Justice, Lahore High Court observed that the Code of Conduct cannot be implemented for the purpose of taking disciplinary action without incorporating it in the Conduct Rules. He further expressed the view that the District Judges do not make fair reporting on the judicial officers working under them therefore, no appropriate disciplinary action can be taken against corrupt officers. The Chairman stated that the District Judge may be reminded of their duty of making fair reporting upon their sub-ordinates. The Committee further observed that corruption in the Judiciary should not be tolerated. Readers and Naib Courts are generally involved in corruption and bring a bad name to the Judiciary. They may therefore be transferred frequently. The Naib Court may be sent back to Police after six months.

Meeting held at Quetta on 10 June 2006:

The National Judicial (Policy Making) Committee in its meeting held at Quetta on 10 June 2006, considered the following issues.

2.2.7 Establishment of Family Courts and Appointment of Female Judges

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The Committee Considered the implementation status of its previous decision in which it was desired from the High Courts to approach the Provincial Governments to sanction additional posts for appointment of one female family judge in each district as per requirement of the Family Courts Act. The Secretary informed the Committee that the High Court of Balochistan, High Court of Sindh and Peshawar High Court have informed that they have approached to their respective Governments for sanctioning additional posts as per decision of the Committee for appointment of female family judge in each district but no favourable response is received from the Provincial Governments of the Sindh and NWFP. The Government of Balochistan have sanctioned only 2 posts of female family judges at Turbat and Kharan out of the 30 posts as demanded. The Lahore High Court has not given any progress report in this regard.

The Committee took serious notice of it and directed the Registrar of the Supreme Court to convene a meeting of the Provincial Chief Secretaries, Secretaries of the Finance and Law Departments as well as Registrars of the High Courts and work out the logistics for creating new posts for women to be appointed as judges of the Family Courts. The Committee observed that the Provincial Governments may be informed the are not complying with the provisions of the law under the Family Courts Act with regard to appointment of female family judges. The Committee expressed that there is pending a huge backlog of cases in the civil side and the Provincial Governments may apprise the situation if the existing civil judges working as judges of the Family Courts are reverted to their own civil side for which they were recruited to clear the large pendency of the suits in the civil side, the cases pending in the Family Courts will suffer because of short of judges of the Family Courts. The Committee further directed that the Provincial Governments may be apprised of the requirement of law by which appointment of a female family judge in each district of the province is a statutory obligation of the Provincial Governments which has to be discharged. The Committee further directed that the Lahore High Court may again be requested to intimate the progress with regard to action taken towards implementation of decision of the Committee. The Committee further desired a report in this regard within a period of 3 weeks.

2.2.8 Implementation of Small Claims and Minor Offences Courts Ordinance 2002

The Committee was informed that the High Courts did not demand any additional posts for appointment of judges of the Small Claims and Minor Offences Court under the Small Claims and Minor Offences Courts Ordinance 2002. The Committee was further informed that the High Courts have already designated judges under the Small Claims and Minor Offences Courts Ordinance 2002 by conferring powers on the existing judicial officers. The Committee resolved that in order to fully implement the law, the cases under the Ordinance may be entrusted to a judicial officer to try it exclusively with no other work. The Committee further desired that the sub-committee headed by Mr. Justice Tassadiq Hussain Jillani, Judge Supreme Court of Pakistan, may hold meetings to train the master trainers i.e. the District Judges and Senior Civil Judges on the concept of alternate disputes resolution, who will further train their colleagues about it for resolution of disputes among the parties through mediation, arbitration etc as provided b law.

2.2.9 Prioritizing Cases of Vulnerable Groups (Women & Children)

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The Committee reiterated its earlier decision on prioritizing disposal of cases of women and children taken in its last meeting at Lahore. The Committee taking note of its decision in earlier meeting directed that the cases pending under the Offence of Zina (Enforcement of Hudood) Ordinance may be disposed of within 3 months. The Committee further desired that the respective High Courts may issue instructions to the subordinate courts o prioritize the cases of vulnerable groups (women & children) and also other cases pending beyond 5 years and dispose of them as early as possible. The Committee also directed that the Lahore High Court may be requested to provide requested date of pending bailable criminal cases and of women and children in jails for want of sureties.

2.2.10 Letter on Allegation of Corruption Against Judicial Officers

The Committee sought the progress of action taken on the complaints alleging corruption against the judicial officers. The Committee was informed by the Secretary that as per decision of the Committee in its last meeting at Lahore the Registrar Supreme Court transferred 20 complaints against the judicial officers to the Lahore High Court, 18 complaints to the High Court of Sindh and one complaint each to the High Court of Balochistan and Peshawar High Court. The Chief Justice High Court of Sindh informed the Committee that 6 subordinate judicial officers have been compulsory retired from service on the charge of corruption. The High Court of Balochistan have also forcibly retired one of its judicial officer involved in the corruption. The Peshawar High Court informed that they have served notice to one of its judicial officer on the complaint received from the Supreme Court but his reply was not appropriate and relevant to the notice. Therefore, he has again been directed to reply it properly and the action is in progress. As the Chief Justice Lahore High Court has not attended the meeting therefore, no progress on the complaints sent to the Lahore High Court could be placed before the Committee. The Committee desired that the Lahore High Court may be requested to intimate the action taken against the judicial officer involved in corruption on the basis of complaints sent by the Supreme Court of Pakistan. The Committee directed the Secretariat that the report may be placed in next meeting of the Committee.

3. Meeting for considering the issue of Establishment of Family Courts in the Provinces

The meeting for review the issue of establishment of Family Courts in the Provinces was held on 12th July, 2006 at Islamabad under the Chairmanship of Registrar, Supreme Court of Pakistan, the Registrars of Provincial High Courts, Chief Secretaries, Home Secretaries, Finance Secretaries and Law Secretaries of the Provinces attended the meeting.

The participants were briefed that the National Judicial (Policy Making) Committee in its meeting held on 4th February 2006 made recommendations for establishment of Family Courts in each District of the four Provinces to be presided over by a Woman Judges as envisaged under Section 3 of the West Pakistan Family Courts Act 1964. The High Courts were asked to implement the same. The Participants were further informed that on 10-6-2006, the meeting of National Judicial (Policy Making) Committee was

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held under the Chairmanship of Hon’ble Chief Justice of Pakistan to review the implementation of status of its early decisions. The High Courts informed the Committee that despite repeated requests no serious efforts were made by the Provincial Government for establishment of Family Courts, therefore, High Courts have to designate the Civil Judges to work as Family Court Judges which is against the spirit of West Pakistan Family Courts Act 1964. The Committee viewed the situation seriously and directed to hold a meeting of Provincial Chief Secretary, Secretaries of the Finance, Law Departments and Registrars of the High Courts, hence this meeting.

The Registrar, highlighted the objectives and scope of enactment of West Pakistan Family Court Act, 1964, and elaborated different provisions of the Act. The participants were briefed that the main object of the Act is to establish Family Courts for expeditious settlement and disposal of disputes relating to marriage, family affairs and matters connected therewith. The participants were further informed that the West Pakistan Family Courts Act is an old enactment, however, from time to time amendments were brought to ensure substantial, inexpensive and early disposal of Family Suits by simplified procedure. The Registrar invited the attention of the representatives of Provincial Governments towards the statutory obligation of the Provincial Government to establish one or more Family Courts in each district and further that at least one Family Court should be presided over by a woman judge.

During the discussion, the Registrar, Lahore High Court informed that presently 35 Female Civil Judges and 2 Additional District Judges have been designated as Family Court Judges but they have to deal with other civil/criminal cases also. He further informed that the Provincial Government has repeatedly been asked for creation of new posts of Female Family Courts Judges but till now no positive response is received.

The Registrar, Peshawar High Court informed the Chairman that out of 20 in 12 districts female judges who are working as civil judges have been designated as Family Court Judges, but they do not exclusively deal with family cases. However, for establishment of Family Courts in the remaining districts, the matter has been taken up with the Provincial Government and is actively being pursued.

The Registrar, Sindh High Court informed the Chairman that there are 18 Female Civil Judges who are working as a Family Court Judges and some of them are appointed for two Districts, but again they deal with family cases as well as other civil and criminal matters. He further informed that the Provincial Government has been approached for creation of new posts of female judges and the issue is under process.

On behalf of Balochistan High Court, the Secretary to Chief Justice of Balochistan informed that the Government of Balochistan was requested to sanction 30 new posts of Family Court Judges to be filled in by females. However, in response thereof the Government has created only two Family Courts at Turbat and Kharan and showed its inability to sanction posts for remaining districts of the Province. He briefed the Chairman that presently in Balochistan Province two Female Civil Judges and one female Additional District Judge are functioning as a Family Court Judges.

The Chief Secretary Punjab informed the meeting that his government has realized the importance of family courts and their role in the inexpensive, expeditious and hassle-

47

free settlement of family disputes. He stated that the Government of Punjab has already processed a case for creation of 35 posts of Family Court Judges and presently the matter is pending for approval of Competent Authority. However, he suggested that instead of appointing fresh Female Family Court Judges, the females may be inducted in a regular cadre of Civil Judges/ Judicial Magistrates and thereafter they may be posted as Family Court Judges.

The Secretary Finance, Government of Sindh affirmed his government’s commitment to fulfill the statutory obligation regarding establishment of Family Courts in each district to be presided over by a female judge. He informed that in this respect proposal for creation of 24 posts of Family Court Judges have already been submitted to the Competent Authority for approval.

On behalf of Government of Balochistan, the Chief Secretary explained that in view of paucity of family cases in different districts of the Province, it is not feasible for the government to sanction new posts of female family court judges for each district. He suggested that instead of establishing Family Courts in each district, it would be more appropriate that Family Courts may be established at divisional headquarters of the defunct administrative Divisions. The Chairman invited the attention of Chief Secretary, Balochistan towards the ratio of Section 3 of the West Pakistan Family Court Amendment Act 1994, which obligates upon the government to establish family Courts presided over by female judge in each district of the Province. The Chairman further explained that in areas where family cases are on low side the services of Family Court Judges can be utilized by empowering them to deal with other cases including the Small Claims and Minor Offences Ordinance 2002.

The representative of NWFP highlighted the problems being faced by the Provincial Government due to application of different Laws in different areas of the Province. He further informed that the government had already sanctioned posts for appointment of Civil Judges out of which 15 are lying vacant. He was of the opinion that if the vacant posts are filled in, the High Court could utilize their services by designating them as Family Court Judges. The Chairman emphasized upon the Provincial Government that there is requirement of law to appoint a female Family Court Judge in each district as such this requirement should be met by appointing more female Family Court Judges. The Chairman elucidated that phase wise establishment of Family Courts to be presided over by female Judges will be a step towards empowerment of women.

The following decisions were made unanimously:-

i) The Registrars of the High Courts would convene meetings with the representatives of respective Provincial Governments to work out the logistic involved in crating new posts for women to be appointed as judges of the Family Courts and will submit reports within fortnight.

ii) The High Courts should made requisition of posts for female family court judges for a District by taking into consideration the pendency of family cases in that district.

The female Judges should be inducted in a regular cadre of Civil Judges/Judicial Magistrate and thereafter they may be posted as Family Court judges to meet the

48

statutory obligation as envisaged in Section 3 of the West Pakistan Family Courts Amendment Act 1994. In this regard if necessary, amendment should be made in the relevant provision of law and services rules.

4 Access to Justice Development Fund:The Government of Pakistan (GOP) has established a statutory endowment “Access to Justice Development Fund (AJDF)” with a view to address the issue of chronic budgetary constraints facing the judicial and legal sectors in Pakistan. This fund amounting to Rs. 1479 million is an important feature of the ongoing Access to Justice Program (AJP), which is currently being implemented by GOP with a Program Loan of $ 350 million from the Asian Development Bank (ADB).

AJDF is a demand driven expenditure characterized by a unique funding mechanism to sustain and deepen reforms in the justice sector. By establishing AJDF, GOP has provided an innovative, independent and flexible extra-budgetary support to the justice sector reforms. The judiciary in Pakistan has historically suffered serious under-resourcing which severely impacted on the quality of justice services. The AJDF is an independent source of income for judiciary to invest in the neglected areas to strengthen the professional functionality of the courts and its service delivery component and legal empowerment. The principal amount of Rs.1421 is meant for investment in the Government-approved investment schemes to generate income to meet the purposes of the AJDF. The remaining amount of Rs. 58 million is available for disbursement to operationalize the various windows of the fund. The sources for capitalization and supplementing the resources of the AJDF will include an initial endowment of Rs. 1479 million and any future donations or grants from the Government or institution or individual.

AJDF Governance Structure The AJDF is located with the Law and Justice Commission of Pakistan (LJCP), which provides secretariat support to AJDF. LJCP has constituted a Governing Body with a mandate to manage and administer the Fund. The GB is headed by the Chief Justice of Pakistan. The GB comprises of the Chief Justices of the four Provincial High Courts, the Secretary, Ministry of Finance, the Secretary, Ministry of Law and Justice and the Secretary, LJCP, as members. The GB approves areas and projects requiring funding.In addition to GB providing overseeing and policy guidance functions, the Technical Evaluation Committee (TEC) will ensure sound technical evaluation of the project proposals received by the LJCP from various stakeholders of the justice sector. Besides the Secretary, LJCP, TEC will comprise of stakeholders from the public and private sectors as well as from the civil society, representing special interests to strengthen the quality of its recommendations and outputs. TEC has the responsibility for examining, reviewing and evaluating project proposal besides proposing modifications to the policies, objects of financing and rules of access for the funding windows.

AJDF Operational Framework

AJDF comprises of seven windows to support/fund activities/projects in the areas of legal/judicial research, legal empowerment, judicial training, institutional development

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of subordinate courts and promoting innovations in legal education. LJCP has drawn up operational guidelines to facilitate the implementation of projects.

(i) Provincial Judicial Development Fund (60.30%)

Out of 58 million initial grant, 60.3 % share of the Provincial Judicial Development Fund (PJDF) was disbursed to respective High Courts for automation of the courts, court infrastructure, information kiosks, provision of court-related conveniences and amenities to the litigants; and performance reward for the subordinate judiciary on the basis of supervision reports and recommendations submitted by the inspection team of the High Courts. Only one High Court namely High Court of Sindh provided the detail of the expenditure of the amount transferred. The aforesaid court has further been released Rs. 14,037,255/- out of the profit earned on investment. The other High Courts have also been asked to account for the amount transferred to them. But inspite of reminders the detail of the expenditure is still awaited. Their share will be released as soon as the detail of the accounts of the expenditure is received to us.

(ii) Legal Empowerment Fund (13.50%)

Funds under this window is for the Clinical legal aid to clients affected by violation of their fundamental rights by the executive, especially on matters concerned with criminal justice, Representation in public interest litigation, Public awareness and legal literacy campaigns; and Awareness on environmental laws

Under the Legal Empowerment Fund window, last year the Project Proposals were invited through press. 63 Project Proposals were received out of which 9 Project Proposals were approved by the Technical Evaluation Committee with the total allocation of Fund of Rs. 10,511,504/-. Again the Project Proposals under this window have been invited through press and 57 Project Proposals have been received. The Technical Evaluation Committee shall appraise these Project Proposals and submit their recommendations to the Governing Body for accepting the Project Proposals and releasing the Fund under this window.

(iii) Federal Judicial Academy (4.5%)

Amount available under this window is for training programs for the judiciary including mobile training arrangements and facilities, development of new courses, especially attempts at innovations, 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.

The amount allocated for the Federal Judicial Academy is available with the Commission’s Secretariat and be passed on to the Academy as soon as the Federal Judicial Academy submits their proposals according to the rules. Still no project proposal has yet been received for scrutiny by the Technical

50

Evaluation Committee. One letter is received from the Director General, Federal Judicial Academy and he is replied to submit the Project Proposals for release of the Fund.

(iv) Special projects in Under Developed Areas (10%)

Under the window of Special Projects Fund for under-developed Provinces and Regions, the Fund allocated for this window is available for utilization and will be released as soon as the concerned agencies of the province or region submit their projects. The eligible expenditure under this window shall be as provided at clauses (a to c) or for any other special project.

(v) Innovations in Legal Education and Legal / Judicial Research) (4.5% & 4.5%)

Funds available under these windows are for   Innovations in teaching of legal education and development of curriculum, including funding of pilot projects, Improving standard of legal education, efforts directed at improvements in professional standards of the legal professionals, legal and judicial research aimed at improving the delivery of judicial and legal services and the quality of the judgments and initiatives to reform laws and advocacy related endeavours.

Under the Legal Innovation and Legal Judicial Research window, the proposals were invited in 2005 but no suitable project proposals were received, therefore, the Technical Evaluation Committee did not approve any proposal under this window. Again the project proposals have been invited in 2006 and we have received about 16 project proposals under this window. The project proposals are under review and the recommendation of the Technical Evaluation Committee will be placed before the Governing Body for accepting the feasible project proposals.

(vi) Fund Management Window (2.7%)

The Governing Body has allocated 2.7% share of income generated on the Fund to the Fund Management Window, which shall be expended for the purposes specified as salaries of auditors, consultants, investment advisors and officers and staff of Fund management, purchase of equipment, vehicles and stationary etc, preparation of accounts  and balance sheets of the Fund; and  payment of fees, salaries, travelling, daily and other allowances and any other payment to be charged on the Fund. The amount of the Fund shall be expended as per budget of the Fund Administration or otherwise approved by the Governing Body.  The amount allocated to this Window is kept in a separate Bank account (HBL supreme Court Branch) to be operated jointly by the Secretary and the Deputy Secretary of the Fund.

4.1 DETAILS OF INVESTMENT OF ACCESS TO JUSTICE DEVELOPMENT FUND IN 2006

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Face Value(Rs.)

Settlement

Amount (Rs.)

Bank

Financial

Instrument & Period

Settlement Date

Maturity Date

Yield to

Maturity

Offer

Price

(Rs.)

Profit(Rs.)

500 million

461,480,000/-

UBL

12 months T. Bills

4-8-2005

20-7-06

8.70% 92.2960

38,520,000

920 million

846,551,800/-

NBP

12 months T. Bills

1-9-2005

31-8-06

8.70% 92.0165

73,448,200

33 million

30,340,200/-

UBL

12 months T. Bills

29-9-2005

28-9-06

8.79% 91.9400

2,659,800

28 million

25,757,536/-

NBP

12 months T. Bills

8-12-2005

7-12-06

8.73% 91.9912

2,242,464

74,798,500/

72,450,949/-

UBL

12 months T. Bills

13-5-2006

28-9-06

8.57% 96.8615

2,347,551

4.2 AJDF Workshops

The Government of Pakistan (GoP) has established $ 24 million Access to Justice Development Fund (AJDF) as a statutory endowment to sustain reforms in the law and justice sector including support to the legal empowerment activities. The Law and Justice Commission of Pakistan (LJCP) is managing and administering the Fund to support activities in the areas of legal empowerment, legal/judicial research, innovations in legal education, judicial training and capacity building of the subordinate courts.

As part of its communication strategy to promote visibility, ownership and understanding and to raise awareness of issues related to operationalization of AJDF, LJCP organized a series of awareness raising workshops across Pakistan during the months of June and July 2006. The purpose was to sensitize and create understanding about the nature, purpose and character of AJDF with a view to build informed ownership of AJDF among the stakeholders. More specifically, LJCP provided an opportunity to the stakeholders of the law and justice sectors to gain deeper understanding as to how funds are accessed, utilized and disbursed in areas which particularly concern the citizens sector such as legal empowerment.

During his presentation made at the Quetta and Islamabad workshops, Dr. Faqir Hussain Secretary LJCP said that purpose of holding series of workshops is to create awareness at the national level about AJDF particularly amongst civil society organizations. The AJDF workshops, according to him, will also help in mobilizing the

52

stakeholders for sustained and constructive engagements in a purposeful discussion on AJDF’s process and activities in the country.

AJDF Workshop in Quetta

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Participants particularly representing High Courts stressed the need to improve coordination between concerned persons involved in the management of Provincial Judicial Development Fund and relevant staff of the LJCP. They also suggested that a representative of the LJCP should visit Balochistan regularly to help formulate project proposals. It was recommended a co-coordinator may be requested to represent all NGOs for obtaining information, building capacity to fill in forms and formats etc.

Another recommendation was that since there is need to do more for legal empowerment of underprivileged and disadvantaged populace of Balochistan and available funding is limited to promote citizens empowerment. So they suggested that budgetary allocations should be enhanced in the Legal Empowerment Fund window.

To give adequate representation in the planning and implementation process of AJDF, it was suggested that Technical Evaluation Committee should have one member from the Balochistan and that grassroots societies working in far flung areas of the province should be encouraged and given advantage over big NGOs which already have plenty of funds at their disposal.

Participants at the Quetta workshop were unanimous in their opinion that funds should not be offered for projects as a typical donor-driven stand alone limited program activity rather LJCP should make efforts to sustain projects through funding projects regularly in different parts of Balochistan. It was advised that its better if an NGO producing good results should be engaged further and funds should be offered to the same instead of entering into partnership with new NGOs. The purpose should be to have a long lasting, results oriented and meaningful relationship with civil society organizations working in the area of legal empowerment. They also suggested that LJCP should make use of networking of local NGOs and local newspapers. While national newspapers do matter but its advisable if local networks are also approached for spreading the message regarding availability of funds to support civil society led legal empowerment initiatives. 4.3 Meeting of the Technical Evaluation Committee of AJDF

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Meeting of the Technical Evaluation Committee of AJDFA meeting of the Technical Evaluation Committee was held at Islamabad on 19 th and 20th January, 2006 to evaluate the project proposals received from various organizations/individuals under the Access to Justice Development Fund.

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The Chairman welcomed the participants of the meeting and explained that the LJCP plans to support projects in the justice sector under the Access to Justice Development fund. He further explained that the fund is a statutory endowment to improve citizens’ access to justice through promotion of legal empowerment, legal/judicial research and legal education.

In order to adopt transparency in awarding the projects to the organizations/individuals, the Governing Body of Access to Justice Development Fund formed the Technical Evaluation Committee comprising of persons of high caliber and integrity. It was explained to the Committee that the Funds for sponsoring the projects are available from two sources; one from allocation of share to the concerned windows from Rs.58 million and the other from allocation of share from the profit generated through investment of AJDF in Treasury Bills which matured by 30.6.2005. The following share of funds to the windows are available for funding the projects:-

1. Legal Empowerment Fund Window Rs.10.558573 million2. Legal/Judicial Research Window Rs.3.519524 million3. Innovations in Legal Education Rs.3.519524 million

In total, the Commission Secretariat received 79 proposals against three windows. After initial review conducted by the Secretariat, 27 project proposals were short-listed. These 27 project proposals were placed before Technical Evaluation Committee for assessment against approved standard criteria for project evaluation.

The funds available for current year including share from initial grant are required to be utilized as per following framework;

S#

AJDF Windows

% Amount (Rs) Objects of Expenditure

1 Legal Empowerment Fund Window

13.5%

Total: Rs 10.558573million(30% for DCLC and 70% for LJCP) share of LJCP is Rs. 7.3910011

(i) clinical legal aid to clients affected by violation of their fundamental rights by the executive, especially on matters concerned with criminal justice;(ii) representation in public interest litigation;(iii) public awareness and legal literacy campaigns; and(iv) awareness on environmental laws.

2 Legal/Judicial Research Window

4.5%Rs 3.519524 million

i) legal and judicial research aimed at improving the delivery of judicial and legal services and the quality of the judgments;ii) initiatives to reform laws and advocacy related endeavors.

3 Innovations in Legal Education

4.5%Rs 3.519524 million

(i) innovations in teaching of legal education and development of curriculum, including funding of pilot projects;(ii) improving standard of legal education;(iii) efforts directed at improvements in professional standards of the legal professionals.

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Total

100%

(Total amount for projects)

To facilitate the evaluation of the projects received from various organizations/individuals and to process further by the Committee, the following documents were provided to the Committee which helped to scrutinize proposals in terms of their technical soundness, practicality of project objective and sustainability of the initiative;

1. Project Proposals (Summary of Project Proposal, Estimated Budget & Work plan)

2. AJDF Funds Allocation & Utilization Framework for Projects 3. AJDF Project Evaluation Criteria Forms (Committee Members will apply this

criteria for project proposal assessment) 4. Comparative Ranking of Project Proposals (Results of Initial Review) 5. AJDF Operating Procedure (Proposal Formats & Guidelines) 6. AJDF Brochure 7. AJDF Rules 2002 8. AJDF Accounting Procedures 2004 9. AJDF Advertisement for funding of proposals under AJDF (Legal

Empowerment Fund, Legal Education Fund & Legal/Judicial Research Fund)

In its two days meeting (19-20 January, 2006) the AJDF Technical Evaluation Committee examined in details 27 project proposals. The list of short listed 27 proposals is attached as Annex.

The committee approved 6 project proposals. The list of approved projects, organization name and their proposed budget is as follows;

# Organization Name Status Score(100)

Budget(Rs)

1 Citizens Commission for Human Rights (CCHR)-Lahore (Punjab)

Approved 76 1838550/-

2 Pakistan Rural Workers Social Welfare Organization (PRWSWO)-Bahawlpur (Punjab)

Approved 75 1647450/-

3 Hamdam Development Organization-DI khan (NWFP)

Approved 75 774124/-

4 GSSA-Dadu (Sindh) Approved 72 1136625/-5 Koshish Wlefare Society-

Sialkot (Punjab)Approved 68 1139330/-

6 Devcon-Shadadpur (Sindh

Approved 68 6,32,400/-

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In addition, the committee members also recommended approval of project proposals submitted by Bargad Organization, Gujranwala, Mashal Women Welfare Society, Charsada and Mr. Imran Ehsan Nyazee, Islamabad subject to clarification on the objectives of the project, reduction in the proposed budget, and explanation of the content of their project proposals.

During the course of committee meeting, the following observations were made to make the project proposal evaluation method more efficient by the Committee members:-

a. The Governing Body be requested to take a decision about carrying out a preliminary investigation of the proposer and in this regard it was suggested that in next phase the Commission Secretariat should approach DPO, DCO or District & Sessions Judges for the verification of credential of the proposers of the projects.

b. While making selection, preference should be given to proposals which represent rural and far flung areas beside recommending approval of projects with reasonable budget and short term project timeline.

c. During examination of a proposal submitted by Consumer Rights Commission of Pakistan, the committee members stressed the need to promote awareness about environmental laws. Dr. Pervaiz Hasan may be contacted by the proposer to prioritize project objectives, activities and refine the focus of the proposal. Members further noted that public awareness campaign on environmental laws should be undertaken where pollution and other hazardous activities are destroying the environments in cities like Sheikhupura, Karachi etc.

d. It was noted that the response to windows of Legal/Judicial Research and Legal Education was inadequate and suggested that culture of research should be promoted. In this regard, a promotional strategy should be devised to make AJDF funding visible enough for serious researchers. It was further suggested that Commission Secretariat should hold seminars, arrange TV/Radio programs and advertise in the newspapers about the availability of AJDF funds to support legal/judicial research.

e. It was observed that it does not appear that in the near future District Legal Empowerment Committee across Pakistan will be constituted as funding is limited and at the end of the day each district level committee will get very little funding if operationalized. Instead the Technical Evaluation Committee recommended that one District Legal Empowerment Committee should be formed in each province and 30% share of Legal Empowerment Fund should be transferred to their account. It was recommended that till such time such Committee is formed, 30% share allocated to District Legal Empowerment Committee may be allowed to be utilized under Legal Empowerment Windows.

f. It was recommended that next phase of inviting project proposals for submission should be launched in May 2006 so that by the time evaluation

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process is complete, the funds are available from the profit earned on the investment during ongoing financial year.

g. It was recommended that a proper Monitoring and Evaluation System should be developed at the Commission Secretariat to ensure proper implementation of AJDF funded projects. In this connection, it was suggested that field visits, monthly and quarterly progress reports should be furnished by organizations who will be funded by AJDF. It was proposed that payment schedule should be in phases. First phase should include mobilization advance and quarterly release of payments.

h. It was recommended that if the project proposal is of duration of more than one year then the proposal may be reviewed on expiry of one year. The cost approved by the Technical Evaluation Committee should be strictly adhered to and in case of escalation of the cost and demanded by the organization, the same shall be placed before the committee for examination and approval.

i. It was recommended that well drafted TOR for approved projects be prepared and approved from the Committee or Governing Body.

j. It was recommended that next time, the proposers should be asked to submit their NTN numbers as well as a list of the regular staff including members of project team and their leader, their qualifications and professional experience to the Secretariat.

k. It was recommended that in case the approved applicant fails to execute the awarded project, a provision be made in TOR to black list such organization for future.

4.4 Meeting of the Governing Body of AJDF held at Lahore on 4 February, 2006:

Meeting of Governing Body of Access to Justice Development Fund was held at Lahore on 4 February 2006. The Member/Secretary explained the statement of accounts of the Fund along with the profit generated till 31-12-2005 placed before the Governing Body. The Secretary also placed the recommendations of the Technical Evaluation Committee of the Fund along with Project proposals selected for monetary grant from the legal empowerment window of the Fund. The selected proposals come from the provinces of Punjab, Sindh and NWFP. Only one proposal came from the province of Balochistan but it could not meet the prescribed criteria and was not approved.

The Chairman observed that Balochistan is a backward Province and deserves special consideration to ameliorate the conditions of poor and downtrodden people of the region. The Chairman suggested that members of the Governing Body from Balochistan may explore the possibility of encouraging NGO’s and individuals to apply for and avail the Fund. The Secretary responded that every effort will be made to discriminate information on the Fund to all regions and especially Balochistan. With the above observations the Governing Body approved the funding of Projects

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recommended by the Technical Evaluation Committee offered by the following organizations/individuals.

# Name of Organization/Individual Proper Project Cost (Rs) Subject to variation

1 Citizens Commission for Human Rights (CCHR)-Lahore

18,38,550/-

2 Pakistan Rural Workers Social Welfare Organization (PRWSWO)-Bahawalpur

16,47,450/-

3 Hamdam Development Organization- D.I.Khan 7,74,124/-4 GSSA-Sindh 11,36,625/-5 Koshish Welfare Society- Sialkot 11,39,330/-6 Devcon - Shadadpur Sindh 6,32,400/-7 Human Rights Society of Pakistan 1,934,000/-8 Mashal Women Welfare Society, Charsada. 999,400/-9 Bargad Organization, Gujranwala 10,43,175/-

5. Activities of Secretariat of the Commission: Reports Approved in 2006:

During the Year 2006, the Commission approved 8 reports on legal/judicial reform and forwarded its recommendations to the Federal Government for implementation.

5.1 Report No. 73Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.

The Law & Justice Commission of Pakistan in its Report No. 33 had recommended that in a suit for dissolution of marriage on the sole ground of “Khula” the court shall determine the marriage benefits derived by the wife from husband for return to him and pass a decree for dissolution of marriage and sent it to the Federal Government to amend Section 10 of the West Pakistan Family Courts Act 1964 accordingly. The amendment proposed as addition of a new Sub-section (5) of Section 10 of the said Act reads as follows:-

“(5) In a suit for dissolution of marriage on the sole ground of Khula, the Court shall determine and restore to the husband benefits, derived by the wife in consideration of marriage and pass decree of dissolution of marriage.”

Contrary to the recommendation of the Commission, the Federal Government while amending Section 10 of the West Pakistan Family Courts Act 1964 by Ordinance No. LV of 2002 inserted a proviso therein that if a reconciliation between the spouses fails the Family Court shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mahr received by the wife. The aforesaid proviso reads as follows:-

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“Provided that notwithstanding decision or judgment of any court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mahr received by the wife in consideration of marriage at the time of marriage”.

By inserting the above proviso it has now become mandatory for the Family Court to order for restoration of Haq Mahr to the husband irrespective of dissolution of marriage claimed by the wife on any ground as contained in Section 2 of the Dissolution of Muslim Marriages Act 1939 other than ‘Khula’. The Commission was therefore, invited to reiterate its earlier recommendation made in Report No. 33 of the Commission. A Member pointed out that in cases where dissolution is sought after a lapse of considerable time the marital contract is performed, the husband is not entitled to the return of whole amount of Mahr. It was further observed that the law should be sensitive to the plight of those women who seek dissolution of marriage on the ground of Khula but have no means to return the amount of Mahr. It was, however, responded that the dissolution of marriage on the ground of Khula is an Islamic right but subject to the return of benefits derived by the wife out of the marriage contract. Furthermore, the provision should be so worded that there is no scope for abuse/misuse of the provision for the vested interests. The Commission, therefore, recommend that the Secretary, Ministry of Law, Justice and Human Rights may, in keeping with the observations of the Commission, suitably rephrase/amend the provision.

5.2 Report No. 74Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 1961

The Sub-section (1) of Section 5 of the Muslim Family Laws Ordinance 1961 provides that every marriage solemnized under the Ordinance shall be registered in accordance with provisions of Ordinance. The Sub-section (4) of the said Section further provides that a person other than the Nikah Registrar, solemnizing a marriage is required to report the marriage for registration to the Nikah Registrar, failure to do so leads to punishment with simple imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both. It was the explained to the Commission that because of devaluation of the rupee and inflation in the economy the existing punishment of fine amounting to rupees one thousand has lost its deterrence value, therefore, the amount of fine may be enhanced from rupees one thousand to rupees ten thousand and the Commission approved the proposal.

The Commission was further informed that Section 7 of the Muslim Family Laws Ordinance 1961 provides that a husband who wishes to divorce his wife shall as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife on which the Chairman shall proceed for reconciliation amongst the spouses. The Commission was informed that by holding the aforesaid provisions of law as directory by the courts, there has developed a tendency of not giving notice of Talaq to the Chairman of the Union Council by the husband. However, if such wife contracts marriage after passing of ‘Iddat’ period, the husband makes a report to the police against her for contracting the marriage in the existence of earlier marriage, and also

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alleges against her committing the offence of Zina. To avoid this eventuality, it was proposed that the Commission may approve that if no notice of Talaq is given to the Chairman by the husband, the wife may give such notice of the facts of pronouncing Talaq by the husband to the Chairman and send a copy of it to the husband and the Chairman shall initiate reconciliation proceedings on it as in case a notice sent by the husband. Further, a wife while exercising her right of ‘Talaq-i-Tafveez’, should also give a notice of it to the Chairman and send a copy of it to the husband. And if she fails, the husband may give such a notice to the Chairman with a copy to the wife. The Commission after deliberations approved the proposals.

5.3 Report No. 75Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

It was explained to the Commission that Sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 provide fixed punishment of imprisonment for life to the accused of the offences falling under these sections which leave no discretion with the courts to award a lesser punishment where circumstances of the case and the extent of involvement of the accused in the offence so warrant and the conscious of the court is not satisfied to award punishment of imprisonment of life to an accused. Therefore, the courts, having no alternate enabling provision to award the accused lesser punishment, only acquit the accused in such cases. The Commission therefore, observed that the aforesaid sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 may suitably be amended to provide some alternate punishment so that in appropriate cases lesser punishment can be awarded to the accused as per facts of the case and the degree of his participation in the crime. The Commission recommended that the punishment of imprisonment of life provided in the aforesaid sections may be substituted with the words “imprisonment of either description for a term which may be extended to 25 years”.

5.4 Report No. 76Enhancement of Punishment of Fine in Provincial Statues

The Secretariat of Law & Justice Commission of Pakistan had earlier examined the Pakistan Code and found that certain amounts of punishment of fine provided in various Federal laws have lost its deterrence because of devaluation of currency with the passage of time. Therefore, a proposal to enhance the amount of fine was placed for consideration of the Commission in the meeting held on March 19, 2005. The Commission agreed to the proposal, but instead of recommending different enhancements of fine in every law or section of a law it approved uniform slabs of enhancement of fine for the offences in statutes of different periods since 1850, which read as follows:

(a) Statutes from 1851 to 1900-5 fold increase in amount of fine.(b) Statutes from 1900 to 1950-4 fold increase in amount of fine.(c) Statutes from 1955 to 1975-3 fold increase in amount of fine.(d) Statutes from 1975 to 1995-2 fold increase in amount of fine.

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No increase in amount of fine was suggested in the statutes which are enacted or amended after 1995. The recommendations of the Commission were forwarded to the Ministry of Law, Justice and Human Rights for giving it legislative effect.

5.5 Report No. 77Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and Schedule of the Family Courts Act, 1964

The Commission observed that right to maintenance of children is covered in the Muslim Family Laws Ordinance, 1961, and the Family Courts Act, 1964, for seeking relief from courts. However, seeking maintenance out-side the court from the Arbitration Council/Chairman, Union Council, children unlike the mother, cannot apply to the Arbitration Council. The Commission resolved that the Muslim Family Laws Ordinance, 1961, may be amended suitably, enabling the children to seek maintenance from the Arbitration Council/Union Council also before approaching the Family Court. The Commission further observed that the suit for maintenance takes long time for final disposal from lower court to higher court, therefore, the word “may” used in section 17A of the Family Courts Act, 1964, may be substituted by the word “shall” for making it mandatory for the Family Court to grant interim maintenance to the wife and children pending disposal of the case when the re-conciliation proceeding fails. The Commission further observed that major disabled children are not entitled to maintenance, therefore, resolved that disabled major children who cannot maintain themselves may also be made entitled to maintenance by amending the law. The Commission further approved amendment to entitle divorced wife with suckling baby to get adequate cost of living for a period not exceeding two years.

5.6 Report No. 78.The Recusant Witnesses Act, 1853.

The Commission considered the Recusant Witnesses Act, 1853, and resolved that the subsequent enactments like the Code of Criminal Procedure, 1898, and the Civil Procedure Code, 1908 provide sufficient measures to force a witness to attend the court for evidence, therefore, the Commission approved the repeal of the Act.

5.7 Report No. 79Amendment in the Law and Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992.

The Finance Division has sanctioned various new posts for Secretariat of the Commission to discharge additional functions of managing the Access to Justice Development Fund and providing secretariat assistance to the National Judicial (Policy Making) Committee. A few posts have recently been filled and the rest (i.e. one post of JS (B-20), three posts of DS (B-19) including one resultant vacancy due to promotion of incumbent as JS, two posts of R.O (B-18), one post of S.O (B-17), one post of MIS Manager (B-19), one post of System Analyst (B-18) and one post of Computer Programmer (B-17) are proposed to be filled in the near future to strengthen the capacity of the Secretariat therefore, draft recruitment rules for the 3 newly sanctioned posts of MIS Manager (B-19), System Analyst (B-18) and Section Officer (B-17) may be approved by the Commission. Under the existing rules of the Commission any

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change made in corresponding rules of the Federal Government shall mutatis mutandis apply to the employees of the Commission. The Federal Government recently abolished the grant of move-over in higher pay scale and higher selection grade to the Government servants and has also changed the nomenclature of the post of Accountant to Assistant Accounts Officer, therefore, the consequential amendment is proposed in the Law & Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992. The Commission approved draft recruitment rules of the aforesaid newly sanctioned 3 posts and the consequential amendment in the existing rules along-with approval to filling of the vacant posts and the Commission unanimously accorded approval thereto. Newly 9 sanctioned posts and one resultant vacancy of DS i.e. one post of JS, two posts of Research Officers (B-18), one post of Section Officer (B-17), one post of MIS Manager (B-19), one post of System Analyst (B-18) and one post of Computer Programmer (B-17) need to be filled to enable the Secretariat of LJCP to perform the added functions of the LJCP, NJPMC and Governing Body, AJDF. It was resolved that the posts be filled through advertisement to induct fresh qualified staff on merit.

5.8 Report No. 80The Jail Reforms (Revised) Report.

The Secretariat of the Law and Justice Commission of Pakistan received many reports from NGOs and suggestions from the general public to the effect that the prison system needs reform with a view to ameliorate the condition of prison inmates. Data was received from the Human Rights Commission of Pakistan, Council of Islamic Ideology, Jail Training Institute, Lahore, containing useful suggestions for improvement in the prison system. Many reports appeared in the media, asking for review and reform of the prison system. All such data/suggestions were examined and have been incorporated in the present report and approved amendments in the prisons Act and Rules framed thereunder.

5.9 Implementation of Recommendations:The Commission has so far published 65 reports on review of various laws and referred them to the Federal/Provincial Governments for implementation (see Annex I). The Law Commission Ordinance provides for publication of reports of the Commission and their submission to the President. Thus reports No. 66 to 72 of the Commission were submitted to the President. The remaining reports were sent to the Federal Government/provincial governments to take further action with regard to enactment of the laws through the Parliament/Provincial Assemblies1.

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:

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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By the Federal Government

S.No Report # Subject Status1. 32 The Small Claims and Minor

Offences Courts Ordinance, 2001Implemented 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, 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 Courts 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 vide the 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).

10. 42 Addition of the Offence of Molestation to the Pakistan Penal Code 1860.

Not yet implemented.

11. 43 Right of Appeal Against Acquittal Not yet implemented.

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to Private complainant under the Anti -Terrorism Act 1997.

12. 44 Punishment on bouncing of cheque

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

13 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)

14. 46 Amendment in Section 345 and the Schedule of the Code of Criminal Procedure 1898 to make the Offence of Rioting Compoundable

Not yet implemented.

15. 47 Punishment for the Offence of Gang Rape

Not yet implemented.

16 48 Releasing the Female Accused on Bail.

Not yet implemented.

17 49 Examination of Section 54 & 167 of the Code of Criminal Procedure 1898.

Not yet implemented.

18 50 Prohibition of Unauthorized Business of sale/Purchase of National Prize Bond.

Not yet implemented.

19 51 Banning the Tradition of Vani(Giving Female as consideration for compromise).

Implemented.

20 52 Access to Justice Development Fund Rules 2002.

Implemented.

21 53 Amendment in the Pakistan Penal code 1860 to provide Punishment for Absconding from Trial.

Not yet implemented.

22 54 Reforming the W.P. requisitioning of Immovable Property (Temporary Powers) Act 1956.

Not yet implemented.

23 55 Amendment in the Children Not yet implemented.

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(Pledging of Labour) Act 1933.

24 56 Amendment in sections 11-A, 11-B & 11-C of the Security of Pakistan Act 1952.

Not yet implemented.

25 57 Amendment in Sections 427, 428, 429& 435 of the Pakistan Penal Code 1860.

Not yet implemented.

26 58 Enhancing the Limit Prescribed to File suit in forma Pauperis.

Not yet implemented.

27 59 Amendment in the Federal Services Medical attendance Rules 1990.

Not yet implemented.

28 60 Amendments in the Land Revenues Rules 1968.

Not yet implemented.

29 61Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry.

The Supreme Court by its judgment validated the Federal Govt. Law on the subject.

30 62 Expediting Trial Proceedings. Not yet implemented.

31 63 Omission of Repealed Sections of Pakistan Penal Code, 1860 from the Code of Criminal Procedure, 1898.

Not yet implemented.

32. 64Amendment in Section 351 of Code of Criminal Procedure, 1898.

Not yet implemented.

33. 65 Amendment in Section 67 of the Pakistan Penal Code, 1860. Not yet implemented.

34. 66.Amendment in Sections 513 and 514 of the Code of Criminal Procedure, 1898.

Not yet implemented.

35. 67. Amendment of Section 17 of Registration Act, 1908. Not yet implemented.

36. 68. The Federal Court Bill, 2005. Not yet implemented.37. 69. The Law Reforms Bill, 2005. Not yet implemented.

38. 70. Enhancing the Punishment of Fine Prescribed in Various Statutes.

Not yet implemented.

39. 71.Amendment in Access to Justice Development Fund Rules 2002, and LJCP Employees Rules.

Implemented.

40. 72. Accounting Procedure of Access Implemented.

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to Justice Development Fund, 2005.

41 73 Amendment of Section 10 of the W. Pak. Family Courts Act, 1964. Not implemented

42 74Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 1961

Not implemented

43 75

Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

Not implemented

44 76 Enhancement of Punishment of Fine in Provincial Statues Not implemented

45 77

Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and Schedule of the Family Courts Act, 1964.

Not implemented

46 78 The Recusant Witnesses Act, 1853. Not implemented

47 79

Amendment in the Law and Justice Commission of Pakistan Employees (Terms and Conditions of Service) Rules, 1992.

Implemented

48 80 The Jail Reforms (Revised) Report. Not implemented

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

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

5.11 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

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Economic Survey of Pakistan, Report of the Ombudsman’s Office and others. The Commission’s Secretariat managed to compile the following reports of the courts:

Judicial Statistics of Pakistan, 2006 Administration Tribunals and Special Courts, 2006

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 of Pakistan

Cases Previous Pendency Institution Total

Pendency Disposal Current Pendency

Petitions 20891 11289 32180 22518 9662

Appeals 6724 4513 11237 5915 5322G/T 27615 15802 43417 28433 14984

In the Supreme Court, the total number of pending cases decreased by 15357 from 37169 cases to 27614 cases at the beginning of the year 2005. The Supreme Court disposed more petitions than appeals during the year; however, the overall disposal was less than the fresh institution of cases in each of the two categories during 2005.

Statement Showing Pendency, Institution and Disposal of Cases of Federal Shariat Court.

Cases Institution Pendency upto 31-5-2006Criminal Matters 827 2401Shariat Matters 8 291

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Statement showing Pendency, Institution and Disposal of cases of Lahore High Court

Institution Total Disposal Pending Balance

22714 92331 22794 69617

District-wise statistics of subordinate Judiciary in Punjab

Case Categories Institution Disposal Pending BalanceSessions 144008 147317 69048Civil 209651 196127 491289Criminal 155045 153650 451714

Statement showing pendency, Institution and Disposal of Cases of Peshawar High Court

Previous Balance Institution Total Disposal Balance13202 1300 14502 1331 13171

Statement showing Pendency, Institution and Disposal of Cases of High Court of Sindh

Name of Court Previous Balance

Institution

Maters Restored

Total Disposal Balance

Principal Seat at Karachi

15547 79 5 16331 724 15607

Circuit Court Larkana

523 155 0 678 119 559

Circuit Court Hyderabad

2287 204 2 2493 282 2211

Circuit Bench at Sukkur

2242 245 0 2487 220 2267

Statement Showing the Institution, Disposal and Balance of Criminal, Civil and Family Cases of Judicial Districts in Sindh for the month of

April 2006.

Criminal JurisdictionLast Balance Institutions Transferred out Disposal Transferred In Balance

76803 7743 4 8647 1 75902

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Civil JurisdictionLast Balance Institutions Transferred out Disposal Transferred In Balance

36955 2838 2 2450 7 37338

Family CasesLast Balance Institutions Transferred out Disposal Transferred In Balance

7774 1295 0 1301 0 7768Statement showing Pendency, Institution and Disposal of Cases of

Cases of High Court of Balochistan

Previous Balance Institution Total Disposal Balance2428 373 2801 324 2477

Statement showing Pendency, Institution and Disposal of Cases of Cases of Federal Service Tribunal during 2006

Previous Balance Institution Total Disposal Balance20259 2296 22555 1211 20453

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

Reports 2001

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

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Reports 2003

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

Reports 2004

Judicial Statistics of Pakistan.The Administrative Tribunals and Special Courts.

Reports 2005

Judicial Statistics of Pakistan.The Administrative Tribunals and Special Courts.

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

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

6. Commission’s Website:

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

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

7. Procedure of Selection of Projects:

A project is selected on receipt of reference from the Federal or a Provincial Government or upon feedback received from the general public either directly addressed to the Commission or referred by any Ministry/Division/Department of the Government. Anomalies in laws pointed out by the High Courts, Federal Shariat Court

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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 and 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.

8. Commission’s Finances:

In order to perform its functions, LJC had been allocated the following budget by the Government for the year 2005 -2006:

Budget 2005-06 (Pakistan Rupees)

Category AllocationRatio of salary to non-salary budget

(%)Utilization

Ratio of salary to non-salary budget (%)

Total 11,336,574 100 10,730,299 100

Salary 9,085,054 80.13 8,728,720 81.34

Non-Salary 2,251,520 19.86 2,001,579 18.65

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

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

9. Other Activities:9.1 Visit of the delegates:(i) Visit of participants of 40th advance course NIPA Peshawar briefing to the participants by the Secretary, LJCP about the working/functions, of LJCP on 6.4.2006, in the conference room of LJCP.

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(ii) Visit of trainee participants of International Islamic University, Islamabad in LJCP Secretariat on 16-5-2006, at 11.00 a.m and briefing by the Secretary, LJCP on the working/functions of LJCP.

(iii) Visit of 20 judicial and executive officers from all over the country for training at Shariah Academy, International Islamic University, Islamabad, visited the LJCP on 19-8-2006 and briefing by Secretary, LJCP on the working/functions of LJCP.

(iv) Government of NWFP, Law, Parliamentary Affairs & Human Rights Department’s orientation visit of trainee Section Officers/Legal Drafter visited LJCP on 30-8-2006 and briefing was given to them by the Secretary, LJCP.

(v) Dissemination session on International Humanitarian Law (IHL) and presentation of Study on National Measures for Implementation of IHL in Pakistan, delivered two short lectures of maximum 2 hours on IHL, in the Conference Room of LJCP on 13-12-2006, by the reps of ICRC and attended by all officers and staff of LJCP.

9.2 In Service training/consultative workshops of the Officers/Staff of the Secretariat:

Details of trainings imparted to the officers/staff of the Commission Secretariat during the year 2006:-

(i). Three day training/consultative workshop.

Mr. Habib-ur-Rehman Sheikh, Joint Secretary attended one day training on the issue of Ratification of Stockholm Convention, Setting Priorities and action Plan Training w.e.f 29 March 2006 to 31 March 2006 at Marriot Hotel, Islamabad. Pakistan Environmental Agency arranged consultative workshop and ratification of Stockholm convention setting priorities and action plan training with the collaboration of UNDP. The objectives of training was introduction of methodologies for identifying priorities (Problems), selecting criteria for prioritization (urgency, feasibility, health, impact on human health and environmental impact).

(ii). Two days Gender Analysis Training on 18-19 September, 2006.

Mr. Habib-ur-Rehman Sheikh, Joint Secretary and Mr. Nasrullah Khan, Deputy Secretary attended two days training on the issue of Gender Analysis, organized by Pakistan Institute of Development Economic, Islamabad (Planning and Development Division) with the collaboration of United Nations Development Programme. The main objective of the training firstly, the officers have to be gender sensitized so that it is not only ensured that projects are not gender blind but that the officers actively make an effort to help in removing the gender imbalances. They need to genuinely feel that gender is the major problem that needs to be resolved. Secondly, while analyzing the projects they not only feel that the financial, economic and social costs and benefit analysis are worked out with a view to optimizing the resources the projects are also appraised from gender perspective. They should be well aware when the project is considered gender sensitized.

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(iii). Five days certificate course on International Humanitarian Law (IHL)

Mr. Mumtaz Ahmed, Deputy Secretary and Ms. Fowzia Jilal Shah, R.O-II attended 5 days certificate course on International Humanitarian Law (IHL), organized by ICRS, Islamabad.

(iv). Workshop of experts on Identification of the GAPS in existing Laws on Child Rights.

Mr. Qasim Aslam Minhas, Research Officer-III attended the workshop of experts on Identification of the GAPS in Existing Laws on Child Rights on 25-4-2006 at Central Jail Staff Training Institute, Lahore.

(v). Training of Information Technology for Government Employees arranged by the Pakistan Computer Bureau.

Ms. Tanveer Badar, S.O and Mr. Khalid Khan, Assistant of Law and Justice Commission of Pakistan attended the training in Information Technology for Government Employees arranged by the Pakistan Computer Bureau at Islamabad w.e.f 7-21 August, 2006 and 1-15 May, 2006.

(vi) Secretariat Training Institute (STI) organized Training Course in Office Management

Ms. Tanveer Badar, Section Officer attended 8 weeks (part-time) Training Course in Office Management with Additional Syllabus of Information Technology & E-Government for Officers Bs-16 to 18 under the Step Down Training Programme (STDP) from 6-11-2006 to 27-12-2006.

10. Legal Discovery Centre:

The U.S. Embassy in Pakistan has launched the American Legal Discovery Centre (ALDC) project to equip 7 law libraries in Pakistan with access to the latest legal information in United States and provide opportunity for the Pakistani legal community, scholars, and researchers to broaden their knowledge of the legal system of the United States. The first American Legal Discovery Centre was presented to the Library of Law and Justice Commission of Pakistan on 7-12-2004 by the Embassy Press Attaché Greggory Crouch.

11. 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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Annex-I12. Annexures:12.1   List of Reports 1. First Report on Fatal Accident Act 1855. 2. Second Report on Fatal Accident Act 1855. 3. Report on Establishment of Courts of Qazis Ordinance 1981. 4. Report on Law of Evidence. 5. Report on Rent Restriction Laws and Draft Ordinance. 6. Report - re: the Proposed Draft "Law of Evidence" Prepared by the Council of

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

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

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

Statutory Corporations.19. Eradication of 'QABZA GROUP' Activities.20. Prevention of Unfair Means in Examination.21. Improving the Performance of Pakistan Law Commission.22. Report on Criminal Justice System.23. Report on Jail Reform.24. Reformation and Modernisation of Service Laws (Part-II).25. The Role of Pakistan Bar Council in the Promotion of Human Rights.26. Administrative Procedures Act for the Federal Government of Pakistan.27. Legislation Pertaining to Maternity Benefits.28. Elimination of Child Labour.29. Eliminating Double Jeopardy in Drugs-Related.30. Reforming the Juvenile Justice System.31. Amendment in Section 145 of the Cr. P. C. 32. The Small Claims and Minor Offences Courts Ordinance 2001. 33. The Family Courts (Amendment) Ordinance 2001. 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.

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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 Cheques45. Strengthening Capacity and Expanding the Functions of Law and Justice

Commission of Pakistan   46.      Amendment in Section 345 and the Schedule of the Code of Criminal Procedure

1898 to make the Offence of Rioting Compoundable47.      Punishment for the Offence of Gang Rape48.      Releasing the Female Accused on Bail49.      Examination of Sections 54 & 167 of the Code of Criminal Procedure 1898.50. Prohibition of Unauthorized Business of Sale/Purchase of National Prize Bonds51. 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 Trial.54. Reforming the W.P Requisitioning of Immovable Property (Temporary Powers)

Act 1956.55. Amendment in the Children (Pledging of Labour) Act 1933.56. Amendment in Sections 11-A, 11-B and 11-C of the Security of Pakistan Act

195257. Amendment in Sections 427,428,429 & 435 of the Pakistan Penal Code 186058. Enhancing the Limit Prescribed to File Suit in Forma Pauperis59. Prohibiting Excessive Expenditure on Marriage Ceremony and Dowry60. Expediting Trial Proceedings61. Amendments in the Land Revenue Rules 196862. Amendment in the Federal Services Medical Attendance Rules 199063. Omission of Repealed Section of the Pakistan Penal Code 1860 from the Code

of Criminal Procedure, 1898.64. Amendment in Section 351 of the Code of Criminal Procedure 189865. Amendment in Section 67 of the Pakistan Penal Code 186066. Amendment in Section 513 and 514 of the Code of Criminal Procedure 189867. Amendment in Section 17 of the Registration Act 190868. The Federal Court Bill, 200569. Enhancing the Punishment of Fine Prescribed in Various Statutes.70. The Law Reforms Bill, 2005.71. Amendment in Access to Justice Development Fund Rules 2002, Work plan for

expenditure of AJDF fund and Amendment in LJCP Employees Rules.72. Accounting Procedure of Access to Justice Development Fund, 2005.73. Amendment of Section 10 of the W. Pak. Family Courts Act, 1964.74. Amendment in Sections 5 and 7 of the Muslim Family Laws Ordinance, 196175. Amendment of Sections 11,13 and 14 of the Offence of Zina (Enforcement of

Hudood) Ordinance, 1979.76. Enhancement of Punishment of Fine in Provincial Statues77. Amendment in Section 9 of the Muslim Family Laws Ordinance, 1961 and

Schedule of the Family Courts Act, 1964.

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78. The Recusant Witnesses Act, 1853.79. Amendment in the Law and Justice Commission of Pakistan Employees (Terms

and Conditions of Service) Rules, 1992.80. The Jail Reforms (Revised) Report.

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Annex-III 12.3 Pending Projects 

Papers Completed by the Secretariat

1- Registration of Documents2- Code of Conduct for Judges3- Establishment of Administrative Courts for Tortious Liability of

Government4- Impeaching the Moral Character of Victim of Rape (Deletion of Section 151

(4) of Qanun-e-Shahadat Order 1984)5- Post-divorce Matta’a for Wife6- Amendments Suggested in the Pre-emption Acts7- Extension of Transfer of Property Act 1882 to Islamabad Capital Territory8- Rationalizing Stamp Duty on Instruments9- Rationalizing the Amount of Court Fees Prescribed by the Court Fees Act

187010- Reform of Hudood Laws11- Amendment in the Dissolution of Muslim Marriages Act 193912- Amendments in the Pakistan Citizenship Act 195113- Amendment in the Baluchistan, NWFP, Punjab and Sindh Motor Vehicles

Ordinance 1965 and Section 94 of the Motor Vehicles Act 193914- Rescision of Notification Issued Under Section 10 (1) & (2) of the Criminal

Law Amendment Act 193215- Amendment in Section 60 and Order XXI of the Code of Civil Procedure

190816- Eradication of “Qabza” Group Activities17- Amendment of Section 197 of the Code of Criminal Procedure 1898 and

Section 6 (5) of the Criminal Law Amendment Act 195818- Amendment in Section 96 & 115 of the Code of Civil Procedure 190819- Execution of Foreign Decrees20- Amendment in the First Schedule of the Limitation Act 1908 and Section

115 of the Code of Civil Procedure 190821- Amendment in the Majority Act 187522- Amendment in the Guardian and Wards Act 189023- Eliminating the Custom of Vanni (Giving Female in Marriage as

Consideration for Compounding Disputes/Offences)24- Deletion of Sub-Section (2) of Section 12 of the Code of Civil Procedure

190825- Amendment in Section 128 of the Qanun-e-Shahadat Order 198426- Effective Enforcement of Female Right to Inheritance27- Deletion of Paras 22, 23 & 24 of the Land Reforms Regulation 197228- Reforming the Legal Practitioners and Bar Councils Act 197329- Amendment in Section 54 & 55 of the Code of Criminal Procedure 189830- Early Hearing of Appeals Against Death Penalty31- Amendment in Article 17 of the Qanun-e-Shahadat Order 198432- Amendment in the Code of Criminal Procedure 189833- Amendment in the Sindh Rented Premises Ordinance 197934- Amendment in the Arms Ordinance 1965

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35- Amendment in the Pakistan Names and Emblems (Prevention of Unauthorised Use) Act 1957

36- Confinement for Non-Payment of Diyat37- Amendment in Section 17 of the Prohibition (Enforcement of Hadd) Order

197938- Amendment in Section 107 of the PPC to Make Unlawful Jirga Verdict an

Offence39- Amendment in Juvenile Justice System Ordinance 200040- Amendment in the Payment of Wages Act 193641- Pre-trial Hearing/Conference42- The Islamabad Rented Premises Bill 200043- Changing the Nomenclature of Subordinate Judicial Officers44- The Utility Services (Redressal of Complaints) Bill 200045- The Water Supply Service (Redressal of Complaints) Bill 200046- The Consumer Protection Bill 200047- Early Disposal of 10 Years Old Cases

Papers on Which Work is in Progress

1- Measures for Welfare of Senior Citizens1- Tribunal for Tortious Liability of Government Servants2- Amendment in the PPC to Make More Offences Compoundable3- Amendment in Cr. P. C. and P. P. C. Concerning Blasphemy Law4- Legislation for Regulating Domestic Servants5- Reformation of Laws Relating to Children to Bring them in Conformity with the

International Convention on the Rights of the Child 1989, Including Issues such as Birth Registration, Health, Education, Child Labour, Juvenile Justice System.

6- Amendments in Hudood Laws 8- Reformation of Personal Law of the Christian Community Pertaining to

Inheritance and Family Matters 9- Modernisation of Transportation Laws 10- Reformation of Electoral Laws (Including issues such as Composition and

Functions of Election Commission, Political Parties Law, Representation of People Act 1976, Delimitation of Constituencies Act 1974, Electoral Rolls Act 1974, Proportional Representation System, Representation of Women in Elective Bodies).

11- Amendments in Laws/ Rules Relating to Forests 12- Amendment in Qanun-e-Shahadat Order 1984 13- Regulating the Brick-Kiln Labour 14- Amendments in Qisas and Diyat Law 15-      Unification/Codification of Hindu Personal Law Relating to Matrimonial Affairs

and Inheritance.16- Reformation of Cantonment Act/Rules. 17- Reviewing Discriminatory Legislation Pertaining to Women. 18- Amendments in Child Marriage Restraint Act, 1929. 19-    Proposed Legislation for Regulating the Business of Motor Vehicle Dealers and

Real Estate Agents. 20- Law of Accountability. 21- Law of Freedom of Information.

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22- Law on Regulating Shelter Home/Darul Aman. 23- Amendments in the Arbitration Act 1940. 24- Scheme for Provision of Free Legal Aid and Protection of Human

Rights/Freedoms.25- Controlling the Abuse of Discretionary Powers. 26- Amendments in Fatal Accidents Act 1855 27-  Amendment in Canal and Drainage Act 1873 28- Reformation and Modernization 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)

29- Amendment in Companies Ordinance 1984 30-      Amendment in Zakat and Ushr Ordinance to Remove            Anomalies/Contradiction Therefrom 31- To Check Unauthorised Telephone Taping/Eavesdropping as per Direction

Contained in Judgment of the Supreme Court.32- Liability of Directors of the Company Towards its Creditors and Shareholders

for Healthy Economic Growth33- Reformation of Emigration Laws34- Reforming the Limitation Act 190835- Curbing Sexual Harassment at the Workplace36- Law of Nazar-ul-Mazalim (Giving Special Powers to Existing

Courts for Handling Tort Cases)37-  Reforming the NWFP Tenancy Act 195038- Reforming the Law and Procedure of Liquidation and Auctioning. 39- Reforming the Code of Civil Procedure 1908 40- Measures to Check Incidents of Domestic Violence 41- Regulating Benami Transactions 42- Reforming the Code of Criminal Procedure 1898 43- Registration of Land Titles 44- Maintenance (Kifalat) of Young and Elderly Indigent Relatives 48- Amendment in Pure Food Ordinance 1960.49- Amendment in Bonded Labour System (Abolition) Act 199250- Amendment in the Electricity Act 191051- Amendment in W.P. WAPDA Act 195852- Amendment in Sales of Goods Act 193053- Amendment in Prevention of Cruelty to Animals Act 189054- Amendment in Easements Act 188255- Amendment in Shops and Establishment Ordinance 196556- Amendment in Land Revenue Act 196757- Amendment in Order 37 of Civil Procedure Code 190868- Amendment in Probation of Offenders Ordinance 196069- Amendment in Pakistan Bait-ul-Mal Act 199170- Amendment in the Cooperative Societies Act 191271- Amendment in the Society Registration Act 186072- Amendment in Islamabad Rent Restriction Ordinance 200173- Amendment in Juvenile Justice System Ordinance 200074- Examine the Original, Appellate, Review and Revisional Jurisdiction of Various

Courts75- Amendment in the Oaths Act 1873

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76- Amendment in Loudspeakers and Sound Amplifiers Ordinance 1964.77- Amendment in Federal Employees Benevolent Fund and Groups Insurance Act

1969.78- Amendment in Wild Birds and Animals Protection Act 191279- Amendment in Dangerous Cargoes Act, 195380- Amendment in Conciliation Courts Ordinance 196181- Amendment in Female Infanticide Prevention Act 187082- Amendment in Promissory Notes Stamps Act 189983- Amendment in Workmen’s Compensation Act 192384- Reform of the Frontier Crimes Regulation 190185- Rationalizing the Punishment of Imprisonment Prescribed under Various

Statutes86- The Interest Act, 183987- The Public Accountants Default Act, 185088- The Judicial Officers Protection Act, 185089- The Caste Disabilities Removal Act, 185090- The Tolls Act, 185191- The Recusant Witnesses Act, 185392- The Mesne Profits and Improvements Act, 1855.93- The Legal Representatives Suits Act, 185594- The Bills of Lading Act, 185695- The Hindu Widows Re-Marriage Act, 185696- The Society Registration Act, 1860.97- The Stage-Carriages Act, 1861.98- The Excise (Spirits) Act, 1863.99- The Carriers Act, 1865.100- The Public Gambling Act, 1867.101- The Sarais Act, 1867.102- The Divorce Act, 1869.103- The Cattle-Trespass Act, 1871.104- The Pensions Act, 1871.105- The Punjab Laws Act, 1872.106- The Government Savings Banks Act, 1873.107- The Married Women’s Property Act, 1874.108- The Laws Local Extent Act, 1874.109- The Sind Revenue Jurisdiction Act, 1876.110- The Treasurer-Trove Act, 1878.111- The Arms Act, 1878.112- The Ferries Act, 1878.113- The Elephants’ Preservation Act, 1879.114- The Hackney-Carriage Act, 1879.115- The Dekkhan Agriculturists’ Relief Act, 1879.116- The Kazis Act, 1880.117- The Obstruction of Fairways Act, 1881.118- The Tramways Act, 1886.119- The Merchandise Marks Act, 1889.120- The Bankers’ Books Evidence Act, 1891.121- The Marriages Validation Act, 1892.122- The Lansdowne Bridge Act, 1892.

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123- The Government Tenants (North-West Frontier) Act, 1893.124- The Sind Encumbered Estates Act, 1896.125- The Fisheries Act, 1897.126- The Lepers Act, 1898.127- The Post Office Act, 1898.128- The Stamps Act, 1899.129- The Government Buildings Act, 1899.130- The Glanders and Farcy Act, 1899.131- The Church of Scotland Kirk Sessions Act,1899.132- The Tolls (Army and Air Force) Act, 1901.133- The Pakistan Coinage Act,134- The Criminal Law Amendment Act, 1908.135- The Insolvency (Karachi Division) Act, 1909.136- The Whipping Act, 1909.137- The Dourine Act, 1910.138- The Prevention of Seditious Meetings Act, 1911.139- The Wild Birds and Animals Protection Act, 1912.140- The Official Trustees Act, 1913.141- The Hindu Disposition of Property Act,1916142- The Destruction of Records Act, 1917.143- The Cotton Cloth Act, 1918.144- The Local Authorities Pensions and Gratuities Act, 1919.145- The Poisons Act, 1919.146- The Securities Act, 1920.147- The Charitable and Religious Trusts Act, 1920.148- The Maintenance Orders Enforcement Act, 1921.149- The Cotton Transport Act, 1923.150- The Mines Act, 1923.151- The Cantonments (House-Accommodation) Act, 1923.152- The Cotton Cess Act, 1923.153- The Official Secrets Act, 1923.154- The Mussalman Wakaf Act, 1923.155- The Cotton Ginning and Pressing Factories Act, 1925.156- The Provident Funds Act, 1925.157- The Sikh Gurdwaras (Supplementary) Act, 1925.158- The Government Trading Taxation Act, 1926.159- The Legal Practitioners (Fees) Act, 1926.160- The Forest Act, 1927.161- The Lighthouse Act, 1927.162- The Lac Cess Act, 1930.163- The Hindu Gains of Learning Act, 1930.164- The Provisional Collection of Taxes Act, 1931.165- The Criminal Law Amendment Act, 1932.166- The Factories Act, 1934.167- The Petroleum Act, 1934.168- The Parsi Marriage and Divorce Act, 1936.169- The Arbitration (Protocol and Convention) Act, 1937.170- The Hindu Women’s Rights to Property Act, 1937.171- The Arya Marriage Validation Act, 1937.

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172- The Rules and Regulations Continuance Act, 1937.173- The Federal Court Act, 1937.174- The Cutchi Memons Act, 1938.175- The Criminal Law Amendment Act, 1938.176- The Dissolution of Muslim Marriages Act, 1939.177- The Standards of Weight Act, 1939.178- The Registration of Foreigners Act, 1939.179- The Commercial Documents Evidence Act.180- The Agricultural Produce Cess Act, 1940.181- The Mines Maternity Benefit Act, 1941.182- The Professions Tax Limitation Act, 1941.183- The War Injuries Ordinance, 1941.184- The Railways (Local Authorities, Taxation) Act, 1941.185- The Motor Vehicles (Drivers) Ordinance, 1942.186- The War Injuries (Compensation Insurance) Act, 1943.187- The Cotton Cloth and Yarn (Contracts) Ordinance, 1944.188- The Coconut Committee Act, 1944.189- The Railway Stores (Unlawful Possession) Ordinance, 1944.190- The Public Debt Act, 1944.191- The Criminal Law Amendment Ordinance, 1944.192- The Post Office National Savings Certificates Ordinance, 1944.193- The Oil Seeds Committee Act, 1946.194- The Riot and Civil Commotion Risks Insurance Ordinance, 1947.195- The Prevention of Corruption Act, 1947.196- The Foreign Exchange Regulation Act, 1947.197- The Pakistan (Exchange of Prisoners) Ordinance, 1948.198- The Sindh Textile Board Ordinance, 1949.199- The Imports and Exports (Control) Act, 1950.200- The Karachi Hotels and Lodging-Houses (Control) Act, 1950.201- The Vagrancy (Karachi Division) Act, 1950.202- The Land Control (Karachi Division) Act, 1952203- The House Building Finance Corporation Act, 1952.204- The Employment (Record of Services) Act, 1952.205- The Karachi Electricity Control Act, 1952.206- The Dangerous Cargoes Act, 1953.207- The Karachi Rent Restriction Act, 1953.208- The Karachi Essential Articles (Price Control and Anti Hoarding) Act, 1953.209- The Charitable Funds (Regulation of Collections) Act, 1953.210- The Pakistan Junior Cadet Corps Act, 1953.211- The Emergency Powers Ordinance, 1955.212- The Invalid Provincial Acts Confirmation Ordinance, 1955.213- The Questioned Provincial Act, Confirmation Ordinance, 1955.214- The Pakistan Commission of Inquiry Act, 1956.215- The United Nations (Declaration of Death of Missing Persons) Act, 1956.216- The International Finance Corporation Act, 1956.217- The Drugs and Medicines (Indemnity) Act, 1957.218- The Cotton Act, 1957.219- The Pakistan Criminal Law Amendment Act, 1958.220- The Public Order (Meetings) Ordinance, 1958.

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221- The Medical Qualifications (Information) Ordinance, 1960.222- The Coal Mines (Fixation of Rates of Wages) Ordinance, 1960.223- The Notaries Ordinance, 1961.224- The Pakistan College of Physicians and Surgeons Ordinance, 1962.225- The Employees Social Insurance Ordinance, 1962.226- The Indecent Advertisements Prohibition Act, 1963.227- The Central Government Lands and Buildings (Recovery of Possession)

Ordinance, 1965.228- The Civil Services (Qualification for Appointment as High Court Judge) Act,

1965.229- The Ex-Government Servants (Employment with Foreign Governments)

(Prohibition) Act, 1966.230- The Dormant Funds (Administration) Act, 1966.231- The Import of Goods (Price Equalization Surcharge) Act, 1967.232- The Pharmacy Act, 1967.233- The Companies Profits (Workers Participation) Act, 1968.234- The Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969.235- The Federal Employees Benevolent Fund and Group Insurance Act, 1969.236- The War Risks Insurance Continuance Ordinance, 1969.237- The Bait-ul-Mal Act, 1991.238- The Islamabad Rent Restriction Ordinance, 2001.

National Judicial (Policy Making) CommitteePapers on Which Work is in Progress

1. Stricture Passed by the Supreme Court of Pakistan against Mr. Allah Bakhsh

Khan, Additional District and Session Judge, Mandi Baha-ud-din. 2. National Corruption Perception Survey 2006, conducted by the Transparency

International Pakistan. 3. “A Neutered Justice System” An Article written by Mr. Babar Sattar in daily

The New dated 18-10-2006.4. Corruption and Corrupt Practices in Public Service. 5. Revival of the Defunct Courts of the District Magistrates. 6. Non-acceptance of Women as surety in bail matters.7. Elimination of Perjury 8. Grievances of the Prisoners of District Jail, Dera Ismail Khan9. Establishment of Family Courts in each District10. Difficulties in Establishment of Family Courts in tribal areas of the Balochistan11 Publication of summons Notices in the Weekly /Periodicals. 12. Appointment of Advocates by the Government to defend unrepresented accused

in Sessions Courts. 13. Anonymous application of judicial officers of the sub-ordinate judiciary14. Complainant against District & Session Judge, Hyderabad

15. Comments and Proposals on the NAB’s Annual Report 200516. Early hearing of appeals against death penalty 17. Complaints of Corruption against Judicial Officers: -

i. Hafiz Mushtaq Ahmed Gondal, Additional District and Sessions Judge Sargodha.

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ii. Mian Shahid Mohammad, Civil Judge, Nankana Sahib. iii. Malik Mohammad Samitia, Additional District and Sessions

Judge, Rajanpur.

iv. Complaint Against Sardar Hamid Hussain, Judicial Magisterate, Sargodha.

v. Allegation Against Mr. Zahid Hussain Shah Civil Judge Judicial Magistrate, Tehsil Ubaro, District Gotki.

vi. Complaint against Mr. Shafique Ahmed Tanoli, Additional District And Session Judge, Mardan.

vii. Allegations against Mr. Asad Raza, District Judge, Faisalabad.

viii. Allegations against Mr. Zaheeruddin Leghari, District and Sessions Judge, Hyderabad.

ix. Allegations Against Mr. Muhammad Manazir-Ul-Haq, Second Senior Civil Judge, Nawabshah.

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12.4 Officers & Staff of the SecretariatExchange: 051-9220483, Fax: 9214416

Email: ljcp@ljcp.gov.pk

S. No. Designation Name Office1. Secretary Dr. Faqir Hussain 051-9214109

9220483 Ext. 1012. PS to Secretary Raja Khalid Mehmood 051- 9214109

9220483 Ext. 1083. Joint Secretary – I Malik Muhammad Iqbal 051- 9217454

9220483 Ext. 1034. Joint Secretary – II Shaikh Habib-ur-Rehman 051- 9214506

9220483 Ext. 1025. Joint Secretary – III Mr. Humayun Ahmed 051- 9214793

9220483 Ext. 1056. Deputy Secretary – I Mr. Mumtaz Ahmed 051- 9214797

9220483 Ext. 1047. Deputy Secretary - II Mr. Nasrullah Khan 051-92087528. Deputy Secretary – III Mr. Manzoor Shaikh 051-92094129. MIS Manager Mr. Muhammad Tanveer 051-920718310. Research Officer – I Dr. Muhammad Tahir 051-9207255

9220483 Ex. 12011. Research Officer – II Ms. Fowzia Jalal Shah 051-9207265

9220483 Ex. 12512. Research Officer – III Mr. Qasim Aslam Minhas 051- 9207244

9220483 Ex. 12413. Research Officer – IV Mr. Abdul Nabi 051-9201053

9220483 Ex. 12214. Research Officer – Fund Mr. Waseem Javaid 051-9207242

9220483 Ex. 12615. Section Officer

(Audit/Accounts)Mr. Muhammad Sajjad 051-9220370

16. Section Officer (Law) Ms. Tanveer Badar 051-92072469220483 Ex. 111

17. Assistant Accounts Officer Mr. Irfan-ul-Haq 051-922037018. Superintendent Admin Mr. Shahid Khalid 051-922037619. Superintendent (Research) Mr. Ihsanullah Khan 9220483 Ext. 12120. Librarian Syed Nasir Ali Shah 9203584

9220483 Ext. 11621. Computer Programmer – I Mr. Muhammad Ali 051-9220486

9220483 Ex. 11722. Computer Programmer – II Mr. Jahanzeb Khan 051-9220486

9220483 Ex. 13123. Computer Operator Malik Mansoor Riaz 051-9207183

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Annex IV12.5 Addresses of other Law Commissions:

AUSTRALIAAustralian Law Reform CommissionGPO Box 3708Sydney NSW 1044Ph: (02) 9284 6333Fax: (02) 9284 6363E-mail: info@alrc.gov.auURL: 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: lawcom@bdonline.com

GHANAGhana Law Reform CommissionPO Box M. 63AccraGHANAPh: + 233 21 228898E-mail: Lawrefgh@ghana.com

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: info@lcc.gc.caURL: www.lcc.gc.ca

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

MALAWIMalawi Law CommissionPrivate Bag 373Lilongwe 3MALAWIPh: + 265 782822Fax: + 265 782532E-mail: lawcommission@malawi.net

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

INDIALaw Commission of India7th Floor, A WingShastri BhawanNew Delhi 110001INDIAPh: + 91 11 338 3382Fax: + 91 11 338 8870

MALAYSIACommissioner of Law RevisionAttorney-General’s Chambers17th Floor, Bank Rakyat BuildingJalan Tangsi50512 Kuala Lumpur

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Fax: + 44 171 453 1297E-mail: secretary.lawcomm@gtnet.gov.ukURL:www.gtnet.gov.uk/

E-mail: law Nathan@hub.nic.inURL: www.nic.in/lawcom

MALAYSIAPh: + 60 3 292 3077Fax: + 60 3 293 2021E-mail: peglib1@po.jaring.my

FIJIFiji Law Reform CommissionBox 2194, Government Buildings SuvaFIJIPh: + 679 303 900Fax: + 679 303 646E-mail: auluivit@govnet.gov.f

IRELANDThe Law Reform CommissionIPC House, 1st Floor35-39 Shelbourne RoadBallsbridgeDublin 4IRELANDPh: + 353 1 637 7600Fax: + 353 1 637 7601E-mail: info@lawreform.ie

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: com@lawcom.govt.nzURL: www.lawcom.govt.nz/

SOUTH AFRICASouth African Law CommissionPrivate Bag X668Pretoria 0001REPUBLIC OF SOUTH AFRICAPh: + 27 12 322 6440Fax: + 27 12 320 0936E-mail: lawcom@salawcom.org.zaURL: www.law.wits.ac.za/salc/salc.html

California Law Revision Commission4000 Middlefield Road,Room D-IPalo Alto, CA 9403-4739UNITED STATES OF AMERICAPh: +1650 494 1335Fax: + 1650 494 1827E-mail: commission@clrc.ca.govURL: 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: Irc@po.state.ct.usURL:www.cga.state.ct.us/lrc/

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