2

YEAR BOOK
2005-2006

Law, Justice and Human Rights Division Islamabad.

CONTENTS
S.No. 1. 2. 3. 4. 5. 6. 7. Description Mission Statement Organgram Administrative Structure Subjects allocated under Rules of Business Achievements Performance of different Courts and Tribunals Performance of various Wings Page No. 3 4 5 6-7 10 12
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MISSION STATEMENT
Law, Justice and Human Rights Division has a unique position of being a focal point among the Judiciary, Legislative and Executive organs of the Government. This Division is a service organization which tenders advice to all the Offices of Federal Government including the Provincial Governments on legal, judicial and constitutional matters. It also deals with drafting, scrutiny and examination of bills, legal instruments, adaptation of existing laws to bring them in conformity with the Constitution. Further legal proceedings and litigation by or against the Federal Government is the responsibility of this Ministry. Moreover, the activities, like bankruptcy and insolvency, consultation with Attorney-General, administrative control of Income Tax Appellate Tribunal, Sales Tax and Central Excise including the

Accountability Courts; and Trusts and Trustees are also undertaken by this Division.

ORGANIZATION
(a) Main Division i. ii. iii. iv. v. vi. vii. viii. ix. (b) Drafting Wing Solicitors Wing Opinion Wing Contract Wing Legal Information System Wing Human Rights Wing Project Wing Administration Wing Research and Reference Wing

Special Federal Courts and Tribunals i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. Accountability Courts Anti-Terrorism Courts Banking Courts Special Courts (Offences in Banks) Special Courts (Customs, Anti-smuggling) Special Courts (Anti-corruption, FIA, Emigration) Special Courts (Control of Narcotics Substances) Drug Courts Commercial Courts Customs Excise and Sales Tax Appellate Tribunal Income Tax Appellate Tribunal Foreign Exchange Regulation Appellate Tribunal Federal Service Tribunal Federal Shariat Court

(c)

Central Law Officers i. ii. iii. Office of the Attorney-General for Pakistan Deputy Attorney-General Standing Counsel

FUNCTIONS
The main functions of the Division are categorized as follows:? ? ? ? Advice to Divisions on all legal and constitutional questions arising out of any case and on the interpretation of any law. Advice to Provincial Governments on legal and legislative matters. Drafting, scrutiny and examination of Bills, Ordinances, and all legal and other instruments. Dealings and agreements with other countries and international organizations in judicial and legal matters. ? Arrangements for the publication and translation of Federal Laws and other statutory rules and orders; copyright in Government Law publications. ? ? Adaptation of existing laws to bring them in conformity with the Constitution. Legal proceedings and litigation concerning the Federal Government except the litigation concerning Revenue Division. ? Administrative control of the Income Tax Appellate Tribunal and the Customs, Central Excise and Sales Tax Appellate Tribunal. Special Judges under the Criminal Law Amendment Act, 1958. ? Federal Government functions in regard to the Supreme Court, Supreme Judicial Council, High Courts, Federal Shariat Court, Federal Ombudsman and Tax Ombudsman. ? ? ? ? Attorney General and other Law Officers of the Federation. Federal functions in respect of the Family Law Ordinance, 1961 and the Conciliation Courts Ordinance, 1961. Consultation with the Attorney-General for Pakistan, etc. Administrative Courts for Federal subjects.

8 ? ? ? ? ? ? ? ? ? ? Wills, intestacy and succession, save as regards agricultural land. Bankruptcy and insolvency, administrator general and official trustees. Arbitration. Trust and Trustees. Administrative Control of Law Colleges. Representations under Article 32 of the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O.No.1 of 1983). Administrative control of Pakistan Law and Justice Commission. Review of human rights situation in the country including

implementation of laws, policies and measures. Coordination of activities of Ministries, Divisions and Provincial Governments in respect of human rights. Initiatives for harmonization of legislation, regulations and practices with the international human rights covenants and agreements to which Pakistan is a party and monitoring their implementation. ? Obtaining information, documents and reports on complaints and allegations of human rights violations, from Ministries, Divisions, Provincial Governments and other agencies. ? ? Refer and recommend investigations and inquiries in respect of any incident of violation of human rights. Pursuing or defending issues, complaints, representations and matters for and against Pakistan relating to human rights before any official or non Governmental organizations, body or forum in Pakistan and, in consultation with Foreign Affairs Division, before any international organization organization. and foreign Government or non-Governmental

9 ? Representation of Pakistan in international bodies, organizations and conferences relating to human rights in consultation and conjunction with Foreign Affairs Division. ? Developing and conducting information programmes to foster public awareness of human rights, laws and remedies available against the abuse of human rights. ? Formulating programmes of teaching of human rights at educational institutions. ? ? ? ? Provision of facilities for professional and technical training at home and abroad relating to human rights issues. Administrative control of the Tribunal for Disadvantaged persons. Human Rights NGOs. Representations filed under section 32 of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000 (XXXV of 2000).

BUDGET 2005-2006
a) b) Development Non-Development 1,269,552,000 602,850,000

GOALS AND TARGETS

The Law, Justice and Human Rights Division has a peculiar role of providing specialized legal service to all other Ministries and Divisions of the Federal Government as well as Provincial Governments. In this perspective this Division sets down the following goals: ? The draft Law Reforms Bill, 2005 for amendments in the Civil Procedure Code, the Code of Criminal Procedure, the Power of Attorney Act, Registration Act and Pakistan Penal Code has already been introduced in the National Assembly after the approval of Cabinet and is under consideration of the Standing Committee on Law, Justice and Human Rights.

10 ? The target is yet to be achieved by preparation of draft bill for amendments in the Procedural Codes and other Acts by training and capacity building of Judicial, Police Officers and Officials through Access to Justice Programme. The matter is under active consideration. Training programmes are being finalized in Access to Justice Programme in consultation with the Asian Development Bank. Training is to be imparted through Federal Judicial Academy and by organizing workshops and seminars and through Network/Website and Automation including software and hardware development for Judicial and Police Institutions. In order to make the functions of the Division more responsible to the growing need of the public and to face multidimensional challenges with regard to changing legal scenario and development of specialized laws, it was decided to establish a Legal Research Wing. Prime Ministers Secretariat has approved the appointment of Consultants in M.P Scales and the process of recruitment has already been initiated. Further action in the matter is under process.

LEGAL INFORMATION SYSTEM WING

Legal Information System (Computer Wing) is responsible for digitization of Pakistan Code, Acts, Ordinances, Presidents Order, Statutes, Chief Executives Orders, etc and their further placement on the official website ( www.pakistan.gov.pk or www.molaw.gov.pk) of the Law, Justice and Human Rights Division to facilitate the citizens. ? Vol-I to Vol-V of Pakistan Code have been digitized and soon it will be available on the website of this Division, in different downloadable options. LIS Wing is currently working on Vol-V and above of Pakistan Code. Moreover, many statutes, Ordinance, Acts has also been digitized and they are available on the official website of this Division. The infrastructure of networking i.e LAN has been laid down and all the computers of this Division have been interlinked through a Domain Server. Furthermore, the centralized internet facility has also been provided. The official website of the Law, Justice and Human Rights Division is being up-dated and maintained by this Wing from the day of its creation.

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ACHIEVEMENTS AND ACTIVITIES.

1. INTERNATIONAL CONTRACTS. i) AGREEMENTS, TREATIES, MOUs AND

480 International Agreements etc. were received from different

Ministries and Divisions for vetting, comments and examination, which were disposed of accordingly. ii) 2. 60 cases were received for legal opinions, which were disposed of accordingly. OPINION CASES. During the period from the 1st July, 2005, to the 30th June, 2006, 1040 cases were received for opinion and during the same period this Division has disposed of 976 cases. 3. PROSECUTION CASES. During the period from the 1st July, 2005, to the 30th June, 2006, 1121 cases were received for vetting of draft sanction order under the Immigration Ordinance, 1979, and during the same period this Division has disposed of 975 cases. 4.

INTERNATIONAL ORGANIZATIONS.
Pakistan is a Member of the following eight International Organizations and is regularly paying annual contribution, namely:i) ii) iii) iv) v) vi) vii) viii) Commonwealth Legal Advisory Services; British Institute of International and Comparative Law, London; International Institute for the Unification of Private Law, Rome, Italy (UNIDROIT); International Law Association; Permanent Court of Arbitration (PCA); Islamic Fiqh Academy, Jeddah, Saudi Arabia; Asian-African Legal Consultative Organization; and Commonwealth Magistrates and Judges Association.

12 5. DELEGATIONS ABROAD. The officers of this Division participated in the following meetings and conferences during the Financial Year 2005-06: i) Ms. Uzma Akhtar Chughtai, Dy. Draftsman participated in the 97th Meeting of Permanent Indus Commission from 10-12 November, 2005, at New Delhi, India; Mr. Arshad Mehmood Tabassum, Dy. Secretary (Opinion), has participated in Course of Regional Judicial Symposium at Singapore from 10-14 January, 2006; Mr. Muhammad Wasi Zafar, Minister for Law, Justice and Human Rights has participated in the 45th Session of AALCO from 3-8 April, 2006, at New Delhi, India; Mr. Arshad Javaid Mir, Joint Secretary, has participated in the meeting of International Experts on Human Rights in Islam from 15-19 May, 2006, at Kaula Lumpur, Malaysia; and Mr. Muhammad Afzal Kahut, Project Director, has participated in the Regional Workshop for Strengthening the Judiciary and the Prosecutorial System from 30-31 May, 2006, at Dhaka, Bangladesh. ARBITRATION MATTERS AND DISPUTES CASES. During the period from the 1st July, 2005, to the 30th June, 2006, three cases in respect of Arbitration matters were received in this Division from the CBR for settlement between the CBR and Ministries and Divisions and the same were disposed of. 7. REPRESENTATIONS AGAINST THE DECISION OF WAFAQI MOHTASIB UNDER ARTICLE 32 OF P.O.I OF 1983.

ii)

iii)

iv)

v)

6.

499 representations against the orders of the Wafaqi Mohtasib have been received during the period from the 1st July, 2005, to the
30th June, 2006, and 177 summaries submitted to the Presidents Secretariat for decision.

13 8. REPRESENTATIONS AGAINST THE FINDINGS OF FEDERAL TAX OMBUDSMAN UNDER SECTION 32 OF THE FEDERAL TAX OMBUDSMAN ORDINANCE, 2000 (XXXV OF 2000)

239 representations against the orders of the Federal Tax Ombudsman have been received d uring the period from the 1st July, 2005, to the
30th June, 2006, and 23 summaries submitted to the Presidents Secretariat for decision.

9.

MISCELLANEOUS REFERENCES
3386 cases of miscellaneous nature, were received during the period from the 1st July 2005, to the 30th June 2006, and disposed of accordingly.

BANKING COURTS
During the period from the 1st July, 2005, to the 30th June, 2006, Banking Courts disposed of 8589 cases and recovered an amount of Rs.3816250021/from the loan defaulters.

INCOME TAX APPELLATE TRIBUNAL (ITAT)

The Income Tax Appellate Tribunals are functional before partition. At present there are 20 Benches and each Bench consists of one Judicial and one Accountant Member. There are seven Benches at Karachi, nine Benches at Lahore, three Benches at Islamabad including Headquarter Bench and one Bench at Peshawar. The Headquarter of the Tribunal is at Islamabad and headed by a Chairman who is in BPS-22.

(a)

DETAILS OF ACTIVITIES, ACHIEVEMENTS AND PROGRESS OF THE TRIBUNAL DURING THE PRECEDING FINANCIAL YEAR.
The Income Tax Appellate Tribunal is a quasi-judicial forum

established and now regulated under the Income Tax Ordinance, 2001. The Income Tax Appellate Tribunal is the second appellate forum and last fact

14 finding authority. It adjudicates the appeals of taxpayers and revenue against orders of the Commissioner of Income Tax (Appeals) and also decides the applications for stay of recovery of tax against demand created by the Taxation Officer in pursuance to a assessment orders. During the preceding financial year, the activities of the Income Tax Appellate Tribunal, were as under: (i) heard and decided the appeals which arose out of the orders of the Commissioner of Income Tax (Appeals) and Inspecting Additional Commissioner, regarding Income Tax and Wealth Tax. These were filed by the assesses or the Income Tax Department; heard and disposed of stay applications; heard and disposed of reference applications; and heard the various types of Miscellaneous Applications.

(ii) (iii) (iv)

To reduce pendency and to facilitate Tax payers and their counsels tour programmes were arranged for Islamabad, Lahore, Multan and Faisalabad during the preceding Financial Year. (b) THE PROGRAMME AND ACTIVITIES OF THE TRIBUNALS DURING THE PRECEDING FINANCIAL YEAR AND THE EXTENT TO WHICH THEY HAVE BEEN REALIZED: The main target set out by the Income Tax Appellate Tribunal during the preceding financial year was minimum disposal of 80 appeals every month by each member which has almost been achieved. However, during the preceding financial year 18710 appeals have been disposed off by the Income Tax Appellate Tribunal whereas 14430 appeals were filed and instituted during the preceding financial year. The Statement showing the month wise institution and disposal for the period from July, 2005, to June, 2006, is as under:Islamabad Institution 2621 Disposal 2566 Lahore Institution 9357 Disposal 12248 Karachi Institution 1974 Disposal 2572 Peshawar Institution 478 Disposal 1324

15 ACTIVITIES OF THE INCOME TAX APPELLATE TRIBUNALS DURING THE PRECEDING FINANCIAL YEAR. The activities of the Income Tax Appellate Tribunal during the preceding financial year were to dispose of maximum number of appeals. A target for deciding the Income Tax Appeals during last year was almost achieved. During this period 16,685 appeals were disposed off.

ENVIRONMENTAL PROTECTION TRIBUNALS

The Environmental Protection Tribunal is final fact findings authority in cases or issues, related to environment as a whole. Complaints and appeals against the legal actions of the Environmental Protection Agency are entertained under the Environmental Protection Act, 1997, read with the rules and regulations provided thereunder. The private individuals can also approach the Tribunal seeking relief for their grievances against the allege polluters. The scope and object of the jurisdiction is laid down in the Environmental Protection Act, 1997. PROCEDURE OF THE TRIBUNAL There are four different ways for instituting a case before the Tribunal namely:(i) (ii) Environmental Protection Departments (Federal and Provincial); private individuals Private complaint can be filed on expiry of thirty days after moving a notice to the concerned Environmental Protection Department; Nazims of Local Government under the Local Government Ordinance, 2002; and the private individuals can also file appeals feeling aggrieved from the actions of Environmental Protection Agency or Departments.

(iii) iv)

16 THE FOLLOWING ARE THE DETAILS OF CASES INSTITUTED AND DISPOSED OF DURING THE YEAR
Institution of cases 115 Disposal of cases 39 BALANCE 76

1.

Health of Public viz-a-viz Environment Some of the major causes of pollution at one hand adversely

affect the environment and eco system and at the other hand health of the public at large is also severely affected. Environmental Protection Tribunal has also made considerable efforts on t is account as well. Number of issues h which have come before the Environmental Protection Tribunal, Lahore for purpose of adjudication involving this critical subject wherein directly touching upon the operation and functions of health related institutions and departments. The disposal of hospital waste, Solid Waste Management Programme, the quality of drinking water specifically meant for human consumption. These issues related to pubic health have been directed through judicial orders to adhere by the time tables for construction of these facilities, and also to maintain and improve them to the full satisfaction of the public at large and benefit of the environment. This was made possible vide public interest litigation taken-up by different organization before the Tribunal i.e Muhammad Hussain Vs. D.G, EPA, Lahore; and Samira Awan, Adv. Vs. D.G, EPA, Lahore. 3. Protection Of International Heritage It is recognized fact among the international community that pollution is also a major cause of destructions of international monuments. Old buildings and other such structures constructed long ago, cannot stand the adverse effects of pollution. These structures and buildings increase the beauty and view of or cities but also are valuable assets which cannot be replaced and also translate the historical background of our country. The

17 number of old structures which are part of international heritage are situated within the jurisdiction of Environmental Protection Tribunal, Lahore, elimination of pollution in the vicinity of these historical international monuments is a need of the time the Environmental Protection Tribunal, Lahore, is working very hard to implement, the law in this respect i.e. Lahore Fort situated in the heart of old city of Lahore, built by the Shah Jahan Emperor, in the 16th century was being severely affected by the air pollution. In the case titled as Eco Watch Vs. D.G, EPA, the Tribunal has made substantial directions for prevention of pollution to save this internationally recognized heritage. 4) None-disturbance of Industrial Activity It is very material to note that the Pakistan Environmental Protection Act, 1997, the statutory law not only protect the interest of the environment but also provides for sustainable economic development on long term basis. It has been carefully monitored by the Environmental Protection Tribunal, Lahore, that only alleged polluters should be brought under the operation of Pakistan Environmental Protection Act, 1997; and healthy industrial activity is encouraged with all means possible. Pakistan is a developing country and promotion and development of industrial activity is very essential for growth of the national economy, hence, this factor is one of the guiding principle in promotion of the industrial activity. Therefore, protection of the environment by the alleged polluters without disturbance of industrial activities, is the basic objective of the Tribunal which is being achieved considerably. 5. Participation in Training Programmes The Environmental Protection Tribunal, Lahore has participated in a number of training Programmes and workshops held in Lahore, by IUCN and other NGOs for creation of awareness in general public and for

18 promotion of cause of environment. The training programme for government officers (DOEs) was also partly actively participated which was held in 2005-2006, on different occasion. The government officers were trained and briefed regarding the promotion of environment and implementation of Pakistan Environmental Protection Act, 1997. Environment Protection Agency is successfully able

implementing and introducing a comparatively new law by commitment and hard work in shape of adjudicating upon cases and making decision. It has also been able to create general awareness among ordinary people and others who are directly effected by violation of environment causing pollution. The masses have not only been provided a platform against alleged polluters to seek relief but it has also supported alternative solutions within the law to preserve the environment in general. The people have learned the fact that they can agitate their grievances against the polluters but they have also been assisted to understand the Environmental Protection Laws.

INSURANCE APPELLATE TRIBUNAL

Insurance Appellate Tribunal was established under the Insurance Act, 1938 (IV of 1938). This Act was repealed and Insurance Ordinance, 2000, was promulgated on the 19th August, 2000. One such Tribunal is established at Karachi, which comprises one Chairman, one Member Technical and one Member Legal.

SPECIAL COURTS (CONTROL OF NARCOTICS SUBSTANCES)

Special Courts (Control of Narcotics Substances) were

constituted under the Control of Narcotics Substances Act, 1997. Presently, Special Courts (Control of Narcotics Substances) are functioning at Karachi, Lahore, Rawalpindi/Islamabad, Peshawar and Quetta headed by a Presiding

19 Officer i.e. (District and Sessions Judge). All these Special Courts are functional except the Court at Quetta. Besides, these Special Courts (CNS), powers have also been conferred on most of the District and Sessions Judges of Pakistan under the said Act to try narcotic substances cases. Institution, disposal and pendency position during the year is as under
S# i. ii. iii. iv. v. Name of the court Special Court-I (CNS), Karachi Special Court-II (CNS), Karachi Special Court (CNS), Rwp / Ibd Special Court (CNS), Peshawar Special Court (CNS), Quetta Total Total Cases 1364 726 272 195 67 2624 Cases disposed of 238 168 158 165 30 759 Pendency 1126 558 114 30 37 1865

FEDERAL SHARIAT COURT

Federal Shariat Court is a constitutional court and consolidated position of the business during the year is as under:S# Principal Seat and Benches CRIMINAL MATTERS 1. Principal Seat Islamabad 2. Bench Registry Lahore 3. Bench Registry Karachi 4. Bench Registry Peshawar 5. Bench Registry Quetta SHARIAT MATTERS 6. Principal Seat 7. Bench Registry, Lahore 8. Bench Registry Karachi 9. Bench Registry Peshawar Total Pendency on 01.01.2005 463 1188 93 125 248 Institution from 01.01.2005 to 30.06.2006 639 865 47 63 50 Total Disposal from 01.01.2005 to 30.06.06 528 572 51 73 16 Balance 30.06.2006 574 1481 89 115 282

1102 2053 140 188 298

189 18 13 4 2341

21 4 1689

210 22 13 4 4030

7 1247

203 22 13 4 2783

20 SPECIAL COURTS (CENTRAL), DRUG COURTS, COMMERCIAL COURTS, CUSTOMS EXCISE AND STALES TAX APPELLATE TRIBUNALS, SPECIAL COURTS (CUSTOM TAXATION AND ANTI-SMUGGLING AND FOREIGN EXCHANGE REGULATION APPELLATE BOARDS. The performance of other Courts and Tribunals is as under:S# Name of the Court/Tribunal Balance as on 1st July 2005 383 826 154 1618 329 559 1634 21 533 562 02 355 238 22 135 99 09 247 180 387 387 61 75 13 22 02 64 1009 602 760 856 1222 199 161 443 Total Institution from 1.7.05 to 30.6.06 1213 266 101 959 159 590 298 35 16 114 64 114 15 181 04 02 392 327 355 355 100 286 01 07 24 987 707 631 1249 666 160 171 308 Total case, Col 3 + Col 4 1596 1092 255 2677 488 1149 1932 56 549 676 02 419 352 37 316 103 11 639 507 742 742 161 361 14 29 02 88 1996 1309 1391 2105 1888 359 332 751 Cases disposed of from 1.7.05 to 30.6.06 610 99 745 165 389 420 24 47 125 02 53 60 17 185 05 265 322 495 495 104 262 04 02 03 1275 788 427 938 770 203 101 384 Balanc e as on 30.6.06 986 993 255 1932 323 760 1512 34 502 551 366 292 20 131 103 06 175 185 247 247 57 99 14 25 721 521 964 1167 1118 156 231 367

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.

Special Court (Central)-I, Karachi Special Court (Central)-II, Karachi. Special Court (Central), Hyderabad Special Court (Central), Lahore Special Court (Central), Faisalabad Special Court (Central), Multan Special Court (Central), Rawalpindi Special Court (Central), Peshawar Special Court (Offences in Banks), Karachi. Special Court (Offences in Banks), Lahore Special Court (Offences in Banks), Peshawar Special Court (Custom, Taxation & AntiSmuggling) , Karachi. Special Court (Custom, Taxation & AntiSmuggling), Lahore Special Court (Custom, Taxation & AntiSmuggling), Rawalpindi Special Court (Custom, Taxation & AntiSmuggling), Peshawa r. Drug Court, Karachi Drug Court, Quetta Drug Court, Gujranwala at Lahore. Drug Court, Lahore Drug Court, Faisalabad` Drug Court, Bahawalpur Drug Court, Rawalpindi Drug Court, Peshawar Commercial Court, Karachi Commercial Court, Lahore Foreign Exchange Regulation Appellate Board, Kar Foreign Exchange Regulation Appellate Board, Lhr Customs, Excise & Sales Tax Appl. Tribunal, Karachi Bench-I Customs, Excise & Sales Tax Appl. Tribunal, Karachi Bench-II Customs, Excise & Sales Tax Appl. Tribunal, Karachi Bench-III Customs, Excise & Sales Tax Appellate Tribunal Lahore Bench-I Customs, Excise & Sales Tax Appellate Tribunal Lahore Bench-II Customs, Excise & Sales Tax Appl Tribunal, Bench-I &II, Ibd Customs, Excise & Sales Tax Appl Tribunal, Bench-II, Ibd Customs, Excise & Sales Tax Appl Tribunal, Peshawar Bench

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ACCOUNTABILITY COURTS
The Accountability Courts have been established for speedy disposal of cases involving corruption and corrupt practices, abuse of power, misappropriation property, kick backs, commission and for matter connected and ancillary or incidental thereto. The very purpose of constitution of these Courts is to adjudicate cases of corrupt officials and persons and to recover outstanding amounts from those persons who have committed default in the repayment of amounts of banks, financial institutions, government and other agencies. The courts are successfully achieving the object of National Accountability Ordinance, 1999 (XVII of 1999) by convicting the corrupt officials and persons and recovering considerable amounts which they had misappropriated, etc, and imposing as fines. The following is position of cases decided or pending before these courts during the year:
S# Name of the Court/Tribunal Total case 31 24 33 22 25 21 20 16 20 42 53 58 50 2 Cases disposed of 8 09 06 03 4 4 5 15 1 16 30 23 35 0 Balance Fine or amount recovered as Plea Bargain Rs.3,46,456/Rs.3,88,000/Rs.31,94,150/Rs.20,46,9,651/-

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Accountability Court-I, Lahore Accountability Court-II, Lahore Accountability Court-III, Lahore Accountability Court-IV, Lahore Accountability Court-V, Lahore Accountability Court,-I, Rawalpindi Accountability Court-II, Rawalpindi Accountability Court-III, Rawalpindi Accountability Court-IV, Rawalpindi Accountability Court-I, Peshawar. Accountability Court-II, Peshawar Accountability Court- III, Peshawar Accountability Court-IV, Peshawar Accountability Court, Hyderabad.

23 15 27 19 21 17 15 1 19 26 23 25 15 2

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FEDERAL SERVICE TRIBUNAL

Like other higher courts in the country, the Federal Service Tribunal is also responsible to ensure inexpensive and expeditious justice to the civil servants, in accordance with Article 37(d) of the Constitution of the Islamic Republic of Pakistan. The Tribunal has been providing inexpensive justice to the civil servants, ever since its establishment in 1974. No fee is charged from the appellants or civil servants for filing appeal or other documents, etc. The civil servants are required to deposit only a meager amount of Rs.100/- post admission of their cases as security charges, and this amount, too, is refundable to them after the final disposal of the appeals. Judgments are also provided to the appellants free of cost at their residential or official addresses by registered post at the government expense. The appellants are entitled to plead their cases themselves without spending any amount on hiring of any advocate. In fact the

appellants are not supposed to spend any amount in filing appeals before the Tribunal and get their decisions. So far as the expeditious justice is concerned, almost five benches have been working during the year, 2005-2006 to ensure speedy disposal of the appeals, pending before the Tribunal. During the year the detailed statement showing institution, disposal and pendency of the appeals for the last year is mentioned below for ready reference. STATEMENT SHOWING YEAR WISE INSTITUTION/DISPOSAL/ PENDENCY OF THE FEDERAL SERVICES TRIBUNAL Year Pendency of the last year.
19361

Institution during the year

2844

Total

Disposed of during the years

1460

Pendency at the end of year.

20745

2005-2006

22205

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SOLICITOR WING
This Wing is responsible to deal with matters relating to the litigation (civil and criminal) involving Federal Government in lower courts up to district level; appeals and revisions arising therefrom in the superior courts up to Supreme Court of Pakistan; notices under section 80 CPC; reference to the Attorney General for Pakistan in matters where there is a difference of opinion between the Law, Justice and Human Rights Division and the referring Division; appointment of arbitrators payment of court fees or professional fees to the advocates and counsel for Federal Government on retainer basis; appointment of advocates in foreign countries to conduct cases on behalf of the Government of Pakistan; writ petitions or constitutional petitions before the High Courts and Supreme Court; appeals before the Federal Services Tribunal, Shariat petitions before the Federal Shariat Court; cases before the labour courts and vice-versa, execution of commissions in civil matters with foreign countries; making of reciprocal arrangements for execution of commissions for examination of witnesses in criminal cases; enforcement of maintenances orders in foreign countries and vice versa, declarations under the UN Convention on Recovery Abroad of the Maintenance of the 20th June, 1956. Besides, the Wing is also responsible to deal with the matters relating to appointment of legal advisers for the Government and semi-Government organizations. The Solicitor Wing received 8450 references for legal advice and disposed of accordingly during the period from the 1st July, 2005 to the 30th June, 2006. Along with the above information, the Solicitor Wing also deal with the payment of fee, court fee and misc., expenditure concerning to court cases to Advocates conducting the Government cases.

24 The following number of cases are dealt with in the different Courts against the Federal Government.

S.No. 1. 2. 3. 4. 5. 6. 7.

Name of Courts Sol-I Supreme Court 21 High Court 117 Federal Service Tribunal Shariat Court Labour Court Lower Court 382 Foreign Service of Summons Total 520

Sol-II 121 23 824 112 122 1202

Sol-III 51 443 494

Total 193 583 824 112 382 122 2216

LEGISLATION AND DRAFTING

This Wing is mainly concerned with the scrutiny, examination, vetting and drafting of the Bills, Ordinances and the subordinate legislation including rules, regulations, bye-laws, SROs and other statutory instruments. In addition, the Drafting Wing is also responsible for periodical revision and adaptation of the statutes. Besides, the Wing also looks after the work of the Reference Branch responsible for up dating of laws, Legislation Section and Translation Branch. The Drafting Wing also contributes in opinion work of this Division in particular relating to interpretation of the Constitution and other laws. The Wing is also responsible for the promulgation and printing of the Ordinances, etc. In addition Senior Officers of the Wing have to attend meetings of various Standing Committees of the National Assembly and Senate, Ministries, Divisions and other Organizations relating to laws, etc. During the year 2005-06, this Wing have vetted and scrutinizing the fifty official Bills, seventy three non-official Bills of National Assembly and twenty-five non-official Bills of the Senate.

25 During this period this Wing has received 3958 subordinate legislations which is being vetted by this Wing and the most of the requests are relating to subordinate legislation including SROs, Notifications, Rules, Regulations, Bye-laws and other statutory instruments. During the Year 2005-2006, Drafting and Legislation Section has performed its functions extensively by scrutinizing, examining and vetting a large number of legislative proposals containing Bills and Ordinances received from different Ministries and Divisions in addition to rendering advice on these legislative proposals about their constitutionality and legality. During the process of vetting this Wing has provided advice and guidance about various aspects relating to competence of Federal Government and the Parliament regarding legislating on the issues.

LIST OF ORDINANCES DURING THE PERIOD FROM 01.07.2005 TO 30.06.2006.

01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. The Alternative Energy Development Board Ordinance, 2005 (VII of 2005). The Recognition and Enforcement (Arbitration agreements and Foreign Arbitral Awards) Ordinance, 2005 (VIII of 2005). The Police Order (Second Amendment) Ordinance, 2005 (IX of 2005). The Pakistan Engineering Council (Second Amendment) Ordinance, 2005) (IX of 2005) The Intellectual Property Organization of Pakistan Ordinance, 2005 (XI of 2005) The Societies Registration (Amendment) Ordinance, 2005 (XII of 2005). The National Database and Registration Authority (Amendment) Ordinance, 2005 (XIII of 2005). The Public Investments (Financial Safeguards) (Amendment) Ordinance, 2005 (XIV of 2005). The Federal Public Service Commission (Amendment) Ordinance, 2005 (XV of 2005). The Pakistan Telecommunication (Reorganization) (Amendment) Ordinance, 2005. (XVI of 2005) The Alternative Energy Development Board Ordinance, 2005 (XVII of 2005).

26 12. 13. 14. 15. 16. 17. 18. 19. The Police Order (Third Amendment) Ordinance, 2005 (XVIII of 2005). The Societies Registration (Second Amendment) Ordinance, 2005 (XIX of 2005). The Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005 (XX of 2005). The Intellectual Prperty Organization of Pakistan Ordinance, 2005 (XXI of 2005). The National Accountability (Amendment) Ordinance, 2005 (XXIII of 2005). The Institute of Space Technology Ordinance, 2005 (XXIII of 2005). The Pakistan Engineering Council (Amendment) Ordinance, 2005. (XXIV of 2005). The Federal Public Service Commission (Second Amendment) Ordinance, 2005 (XXV of 2005).

2006
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The Alternative Energy Development Board Ordinance, 2006 (I of 2006). The Public Investment (Financial Safeguards) (Amendment) Ordinance, 2006 (II of 2006). The Recongnition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2006 (III of 2006). The Police Order (Amendment Ordinance, 2006 (IV of 2006) The Federal Public Service Commission (First Amendment) Ordinance, 2006 (V of 2006) The National Accountability (Amendment) Ordinance, 2006, (VI of 2006) The Intellectual Property Organization of Pakistan Ordinance, 2006 (VII of 2006) The Alternative Energy Development Board Ordinance, 2006 (VIII of 2006). The Pakistan Engineering Council (Amendment) Ordinance, 2006, (IX of 2006). The National Database and Registration (Amendment) Ordinance, 2006 (X of 2006). The Institute of Space Technology Ordinance, 2006, (XI of 2006). The Banks (Nationalization) (Amendment) Ordinance, 2006 (XII of 2006).

11. 12.

27

PRESIDENTS ORDERS FROM 01.07.2005 TO 30.06.2006.

1. High Court Judges (Traveling Allowance) (Amendment) Order, 2005 (1 of 2005) 2. 3. The Salary of Judges of Superior Courts Order, 2005 (2 of 2005) The Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order, 2005, (3 of 2005) 4. The High Court Judges (Leave, Pension and Privileges (Amendment) Order, 2005 (4 of 2005) 5. The Distribution of Revenues and Grants in Aid (Amendment) Order, 2005 (1 of 2006) 6. The High Court Judges (Traveling Allowance) (Amendment) Order, 2006 (2 of 2006)

ACTS DURING THE PERIOD FROM 01.07.2005 TO 30.06.2006

1. 2. 3. The Export Development Fund (Amendment) Act, 2005 (VIII of 2005) The Pakistan Navy (Amendment) Act, 2005 (IX of 2005). The Federal Public Service Commission (Second Amendment) Act, 2005 (X of 2005) 4. 5. The Illegal Dispossession Act, 2005 (XI of 2005). The Legal Practitioners and Bar Councils (Amendment) Act, 2005 (XII of 2005). 6. The Hydrocarbon Development Institute of Pakistan Act, 2006 (I of 2006). 7. The Pakistan Telecommunication Company (Re-organization)

(Amendment) Act, 2006 (II of 2006). 8. The Finance Act, 2006 (III of 2006).

28

ACCESS TO JUSTICE PROGRAME

(I) Access to Justice Program (AJP) has been launched by the Government of Pakistan (GOP) with a program loan from the Asian Development Bank (ADB) to implement legislative, judicial, police and administrative reforms in the following thematic areas:

I II III IV V

Judicial Legal Empowerment Public Safety Administrative Justice Fiscal

Within the scope of the thematic areas, AJP focuses to: i) provide security and justice to the citizens, in particular the poor to enable them to secure and sustain entitlements and thereby reduce their vulnerability to poverty; and ii) strengthen legitimacy of state institutions; and create conditions conducive to pro-poor growth especially by fostering confidence of investors.

Financing of AJP (2) ADB has committed an amount of US $ 350 million to GOP over the program period to implement reforms. This loan is being administered by the Ministry of Finance, Government of Pakistan.

Loan Breakup (Million US $) Total AJP Outlay 350.00 Implementation Arrangements (3) While the Ministry of Law (MOL) through its PMU, is the executing agency (EA) of the AJP, Implementation of reforms is the Technical Assistance Loan Development Program Loan 20.00 330.00

29 responsibility of the implementing agencies (IAs) of AJP. These include the judiciary (High Courts), Law and Justice Commission, Interior and Home, Law, Finance, Police, Ombudsman and Federal Judicial Academy. Under the programme, the Ministry of Finance, Government of Pakistan and its provincial counterpart Departments of Finance are responsible for providing AJP funds to the IAs through regular budgetary channels for implementation of new projects. (4) In order to steer implementation of AJP and monitor its progress

on a regular basis, national and provincial programme review and coordination committees (NPRCC and PPRC) have been established at the federal and provincial levels. In addition, the ADB also carries out an Annual Performance Review of the activities carried out with the AJP funds.

PROGRAM ACHIEVEMENTS
Progress under Thematic Areas of the Program Judicial Reforms (5) Progress since the conclusion of the 2004 Annual Performance Review (APR) and the subsequent release of the second tranche of the programme loan has been mixed. The response of the judiciary has been very impressive with a trend emerging over the past two years of a reduction in pendency and the average expected disposal time of cases in all but Balochistan province. There are significant reductions from 2001, onward in case duration. If this improvement can be maintained and indeed increased also in the coming years then one of the most frustrating aspects for citizen's dealing with the judicial system - lengthy delays in achieving justice - is well on the way to being addressed. In addition, the timely utilization of Programme Loan funds for much needed infrastructure development has improved facilities of many IAs. The National Judicial Policy Making

30 Committee (NJPMC), under the new Chief Justice of Pakistan, is providing the leadership necessary for judicial reforms to be sustained and moved forward in difficult areas. (6) Under technical assistance of the AJP, the following Federal and

Provincial entities or arrangements have been put in to effect: ? ? ? ? (7) Environmental Tribunals in Peshawar and Quetta; establishment of Justice Coordination and Liaison Bodies; devolution of writ of habeus corpus to the level of Session Court; and establishment of Small Causes Courts The legal empowerment reforms focus on empowering citizens to

understand, seek and access justice. As part of reforms in this area, the capacity of Law and Justice Commission (LJC) and process serving agencies has been strengthened. The establishment of Access to Justice Development Fund at the LJC is another milestone initiative, which, interalia has started providing resources to civil society organizations innovation in legal research, Further, AJP has helped in drafting effective Consumer Protection Acts or Ordinances at, provincial level, which is shortly to be executed and regulated through consumer courts. (8) Another significant area of legal empowerment under the AJP is

reform of Bar including improvements in legal education and profession. Work on key area of formulating a comprehensive National Legal Education Policy and eventually the establishment of centers of excellence in Legal Education, is underway. (9) Concerted effort for implementation of police reforms by the

National Police Bureau, National Reconstruction Bureau and Access to Justice Programme are on to promote policy commitments for specialization, respect

31 for gender and human rights and performance based promotion in the police force. After long debates over who has administrative control over an "independent prosecution service", there is an opportunity to move forward in three of the four provinces. (10) The separation of watch and ward and investigation functions of

police, establishment of National Public Safety Commission, District Police Safety Commission and Citizen Police Liaison Committees are also result of technical assistance provided under AJP. (11) Progress in reforming organs of administrative justice has also

proceeded apace. Initial groundbreaking to support citizen empowerment has happened with establishment of Access to Justice Development Fund and organization of awareness related activities In addition, Freedom of Information Act at the federal level has been enacted. (12) The aggregate budgetary allocations for the provincial judiciary

at all levels have been variously increased, including budget per judge, which are intended to be sustained. Budgetary allocations for the district judiciary (including both district and sub-divisional courts) also increased, except for Balochistan where it remained nearly the same, as a percentage of the total allocations to the provincial judiciary. Non-salary budgetary allocations as a percentage of the total provincial judicial allocations have declined at all levels. Effort to enhance IAs budget management and expenditure capacity and systems have started with the placement of Budget and Financial Management Specialists in each Provincial Program Management Unit to help re-engineer financial management system in the High Courts. (13) The AJP has so far released Rs.533.02 million to finance schemes

of justice sector agencies of the Federal and Provincial Governments since Financial Year 2002-03. The schemes include construction and renovation of

32 courts, prisons, litigant sheds, residences of judicial officers and automation of courts, etc. The detail of allocation and releases to the Federation and Provinces are as follows: A. Federal Program PSDP Provision Releases Utilization Percentage Utilization 100% 100% 100% 29.5% 87.2% 33.41% 44.35% 92.74'10 Percentage Utilization 55.91'10 117.31% 70.05% 33.56% 57.54% Fiscal Year

I. Access to Justice Development Fund (Endowment Fund) 2002-03 754.000 754.000 754.000 2003-04 725.000 725.000 725.000 Total 1 1479.000 1479.000 1479.000 II. Federal Projects 2003-04 100.000 63.378 78.734 2004-05 200.000 50.741 43.697 2005-06 239.504 108.000 36.088 Total II 539.504 222.11 98.579 Total B (I + II) 2018.50 1701.11 1577.549 B. Provincial Program Fiscal Year PSDP Provision Releases Utilization By 31-05-2006 200-03 500.00 5006.000 279.594 2003-04 1000.000 1000.000 1173.176 2004-05 2000.000 2000.000 1399.770 2005-06 3500.000 3500.000 1174.911 Total C 7000.000 7000.000 4027.451 (Million Rs.) PROGRESS UNDER PROJECT FOR TECHNICAL ASSISTANCE TO ACCESS TO JUSTICE PROGRAM 14. The US $ 20 million technical assistance project

is

complementary to the larger AJP loan of the US $ 330 million. In order to provide administrative and management support, Program Management Unit (PMU) and Provincial Program Management Units (PPMUs) have been established in the provincial capitals. Besides ADB is providing advisory support for various activities under T.A Loan. The objectives are to carryout

33 technical and capacity building work to identify possible areas where investments may be made. In this regard, the AJP, PMU has acquired the services of three consulting firms and number of individual consultants. (15) Presently, Federal and Provincials implementing agencies of AJP

are accessing resources from the technical assistance loan for a variety of schemes in the area of capacity building, research, training, institutional development and office automation. Where these schemes are geared to help achieve efficiency and effectiveness in the operations of justice sector agencies, these schemes also caters to the overall objective of AJP i.e. ensuring citizen's access to justice. (16) The following is a list of Federal and Provincials schemes

financed under TA Loan resources are being implemented:

S No. 1.

Title of Scheme Training and Capacity Building of Federal Investigation Agency (FIA)

Cost (Rs. in Milion 4.570

2. 3. 4. 5. 6. 7. 8.

Review of Police Training Systems Introduction of Community Policing Techniques Institutional Development of National Commission Sindh Ombudsman Office Reforms Public Safety

15.48 5.552 4.860 11.54 6.922 34.644 2.00

Purchase of Books for Bar Associations (Phase-I) Procurement of Automation Hardware for Bar Associations Gaps Evaluation in Pakistan Environmental Protection Act, 1997 Development of Procedure for preparation of case to be filed in Environmental Tribunals.

9.

0.788

34 10. 11. 12. 13. Purchase of Law Books for Bar Associations (Phase II) Digitalization and Automation of Lahore High Court Library Video Conferencing facility between District Jail and District Capacity building of the Sindh Judicial Academy, Karachi, by providing support in curricula development Capacity building of the Sindh Judicial Academy, Karachi, by imparting training in Criminal Procedure Code and Related laws. Strengthening English Communication Skills of Judicial Officers at Provincial Judicial Academy, Karachi Strengthening of capacity of Sindh Judicial Academy in imparting training in Civil Procedure and related Laws. Organizational and Management Review of Sindh High 17 Court including its Regional Bench at Hyderabad, Sukkar, and Larkan, and Sindh Judicial Academy, Karachi. 18 Capacity building of Bench Bar Liaison Committee and Citizen Liaison Committee in NWFP (24 Districts). Capacity building of District Criminal Justice Coordination Committee in NWFP (24 Districts) Conduct of Regional and Provincial Judicial Conference in NWFP. Revamping of libraries at Peshawar High Court, Model 21. Districts (Abbotabad, D.I Khan, Peshawar, Swat) and High Court Bar Association in NWFP Total 130.767 10.723 2.084 1.465 7.707 5.950 4.361 2.079

14.

2.646

15.

1.890

16.

2.646

19

1.260

20.

1.600

35

FEDERAL JUDICIAL ACADEMY

The Federal Judicial Academys ultimate aim is the improvement of judicial system and the quality of judicial work. It is sought to be achieved by proper training of the Judicial Officers, Law Officers and the Court Personnel. The major challenge posed by the prevalent conditions is to develop judicial resources. Our training policy and the programmes tend to make optimum use of our limited resources to foster a culture of continuous development and learning. The usual training programmes apart, the Academy holds conferences, seminars, workshops and symposia, in an attempt to make the process of learning as participatory as possible. (1) CIDA PAKISTAN PROJECT It was at the instance of Hon'ble Judge Sandra E. Oxner, Chairperson of the Commonwealth Judicial Education Institute, HalifaxCanada and as desired by the Hon'ble Chief Justice of Pakistan, that a pilot project was designed by the Federal Judicial Academy to present judicial education roll out programmes to the judicial officers of all the four High Courts in the country, to be financed by the Canadian International Development Agency (CIDA). The programme is coming into popular use in other commonwealth jurisdictions with large populations .and geographic territories, as a cost effective way of achieving the benefits of continuing judicial education; which, of course, is in addition to collegial programmes held at the Judicial Academy. The project visualized the organization of three workshops in Punjab, two in Sindh, two in NWFP and one at Quetta, on topics such as Judicial Independence and Accountability, Delay Reduction, Gender and Minority Sensitivity, Judicial Values and Conduct. The workshops were to be organized by the Director General of the Academy and overseen Judge of the concerned High Court nominated by the Chief Justice. by a

36

(2)

THEME OF WORKSHOP ON JUDICIAL ETHICS The question for discussion in this workshop, arising out of this

backdrop is whether and what role can be played by sound moral character, judicial conduct and the development of a wholesome value system in ridding the judiciary of chronic ailment of delay in the disposal of cases and in making substantial improvement in the quality of judicial work and dispensation of justice. The Lord Chief Justice of England once remarked: "a judge should be a gentleman first and a gentleman last; if he also knows the law so much the better". This observation apart, there is an aphorism that "justice should not only be done but should also manifestly appear to have been done". (3) WORKSHOP THEME ON DELAY REDUCTION The popular view is that delay in the disposal of cases is due mainly to the fact that the unpredictable increase in the volume obligation with the passage of each day and failure make proportionate increase in the number of judges to deal with these cases to keep pace ever increasing pending file. This workshop visualizes a situation where, either because, financial stringency or for any other reason, it is not possible to increase the number of judge, as to set up, for examination, a question whether and how we can cut-down t his chronic delay in the disposal of cases and clear the backlog, to rid the society of this bane. This incidentally, enough to spell out the objectives to be achieved by the workshop. We are going to get together to press our experience as judicial officers, into service to work out a strategy to meet the challenge of this malady, which is thwarting the very purpose of our existence as an institution

37

(4)

SEMINAR ON BONDED LABOUR A seminar on Bonded Labour was organized on the 11th of

November, 2004 by the Federal Judicial Academy in collaboration with the Ministry of Labour and International Labour Organization. Senior Civil Judges and Civil Judges-cum-Judicial Magistrates from Punjab Sindh, Balochistan and AJK were participants of the seminar. Dr. Syed Tauqir Shah, Advisor or Bonded Labour, Mr. Syrus Sajjad Qazi, Director Ministry of Foreign Affairs, Barrister Zufrallah Khan and the chief guest Mr. Gagan Raj Bhandari, officiating Director ILO, Islamabad, addressed the participants on various aspects of the laws on bonded labour, National Policy and Plan of Action. In his concluding remarks, Chaudhry Hasan Nawaz, Director Genera! of the Academy highlighted the importance of bonded labour laws and their relevance under the conditions now obtaining in the society. He assured that lectures on bonded labour laws will be integrated in the judicial training programmes. (5) WORKSHOP ON JUDGEMENT WRITING One day workshop on Judgement writing was organised by the Academy on the 14th of December, 2004. The judicial officers of Islamabad and Rawalpindi District Courts, Judges of the Special Courts, Members of the Income Tax Appellate Tribunal and Service Tribunals and the officials of the Ministry of Law, Justice and Human Rights, participated in the workshop. Amongst others, it was addressed by Hon'ble Justice Catherine Branon, Judge of the Federal Court of Australia. The main objective was to provide our judicial officers with an opportunity to share their experience with the Hon'ble Judge and have a fair idea of the art of judgment writing. The Hon'ble Judge exchanged views with the participants on the topic in the light of judicial system of Australia. The exercise was very useful and it made a substantial contribution to the participant's skill on how to write a judgment.

38 (6) SEMINAR ON LAW REFORMS Law, Justice and Human Rights Division organized a one day seminar on Law Reforms on the 5th of March, 2005, in collaboration with the Federal Judicial Academy. It may be mentioned as an important feature of the workshop that it was for the first time that the members of the legal fraternity were invited from across the country, to express their views on the draft law reforms prepared by the Law, Justice and Human Rights Division. Prominent members of the Bar Associations and Bar Councils of the country, judicial officers of Rawalpindi and Islamabad district courts, officials of the Federal Judicial Academy, Law, Justice and Human Rights Division and the Law and Justice Commission of Pakistan attended the seminar. Mr. KhalidAnwar and Dr. Khalid Ranja ex-Ministers for Law Justice and Human Rights, Mr. Arif Chaudhry, Advocate, Secretary Law, Justice and Human Rights Mr. Justice Mansoor Ahmad, Mr. Karim Malik and Chaudhry Hasan Nawaz of the Academy spoke on the occasion, Something of significance was that high quality and very useful comments were made by the speakers, The most important aspect was that the Law, Justice and Human Rights Division demonstrated its willingness to respond to the views of the members of the bar on the process of reforms. (7) WORKSHOP ON "JUSTICE DELAYED IS JUSTICE DENIED VS JUSTICE HURRIED IS JUSTICE BURRIED" CAN A VIABLE SOLUTION BE FOUND? National Accountability Bureau organized a one day workshop on "Justice delayed is justice denied vs Justice hurried is justice burried"- on the 5th of May, 2005, in collaboration with the Federal Judicial Academy. The objectives in view were to sensitize the legal fraternity about important issues regarding Administration of Justice, Court Management, Bench Bar relations, massive improvement in the quality of Administration of Justice and to devise

39 a sustainable mechanism for reducing delay in the courts, Prominent Members of the Bar Associations, retired Judges of the High Courts and the Supreme Court, representatives of Law, Justice and Human Rights Division, Law and Justice Commission of Pakistan, members of the Academy's faculty and representatives of National Accountability Bureau (NAB) participated in the workshop. Secretary Law, Justice and Human Rights Division Mr. Justice (Retd) Mansoor Ahmad, Director-General, NAB, Mr. Pervaiz Asghar, Prosecutor General Accountability, Mr. Irfan Qadir, Mr. Justice (Retd) Fazal Karim, Hon'ble Judge of Supreme Court of Pakistan, Mr. Justice (Retd) Abdul Karim Khan Kundi and Chaudhry Hasan Nawaz, Director General of the Academy spoke on the occasion. Research oriented papers with useful material were read by the panelists, (8) WORKSHOP ON PREPARATION OF ANNUAL WORK PLAN 2005-2006 UNDER ACCESS TO JUSTICE PROGRAMME TECHNICAL ASSISTANCE PROJECT Law, Justice and Human Rights Division organized a workshop on the 1st of June, 2005, in collaboration with the Federal Judicial Academy and the Programme Management Unit of the Division, under Access to Justice Programme; which was attended by representative of all the implementing agencies. The purpose was to enable the representatives of implementing agencies and the PMU consultants to discuss and finalize annual agency wise work plans for approval of PPRC and National Steering Committee (NSC). The main objectives to be achieved were: i. to disseminate information about Access to Justice Programme and the Technical Assistance Project, including an update on the existing T A loan batch activities and district strategy;

40

ii.

to disseminate information about the process of Annual Work Plan, preparation and implementation of IP and TIP as well be the role of PMU, PPMU and ADTA in the process;

iii.

to finalize the investment proposals in respect of each implementing agency through group discussions; and

iv.

to finalize the draft Annual Work Plan for TA Project for 2005.06, The plenary session was inaugurated by Mr. Justice (R) Mansoor

Ahmad, Secretary, Law, Justice and Human Rights Division, with a welcome address by the Director General Chaudhry Hasan Nawaz. Mr. Muhammad Wasi Zafar, Han'ble Minister for Law, Justice and Human Rights was the Chief Guest The participants were divided into five groups for deliberations to finalise the work plans. In the final session, presentations were made by each of the groups on the recommendations to be considered by the PPRC It may be mentioned as an important fact that Mr. Peter Robertson, Consultant of the Asian Development Bank made very useful observations to explain the import of deliberations for guidance of the implementing agencies. The proceedings were wrapped up by the Projector Director of the Programme Management Unit in the concluding session with a vote of thanks.

41 (9) WORKSHOP ON "INSTITUTIONAL STRENGTHENING TO COMBAT VIOLENCE AGAINST WOMEN IN BURN CASES" A workshop on "Institutional Strengthening to Combat Violence Against Women in Burn Cases" was organized on the 2nd of June, 2005, by the Family Planning Association of Pakistan in collaboration with the Federal Judicial Academy, which was sponsored by The European Union. The main objective in contemplation was to sensitize and train the members of the subordinate judiciary in the application of newly inserted section 174-A of Criminal Procedure Code ( r. P.C.). Civil Judges-cum-Judicial Magistrates C from NWFP who were under going a refresher course of the duration of four weeks participated in the workshop along with other judicial officers, members of the Family Planning Association and the Faculty of the Federal Judicial Academy. Chaudhry Hasan Nawaz, Director General, of the Academy inaugurated the workshop with a welcome address, highlighted the objectives to be achieved. Mr. Tariq Masud, Project Coordinator briefed the participants on the background of the project. Others who spoke on the occasion with purpose oriented discourses were Ms. Sadia Bokhari, Mr. Taymur Aly Khan SSP and Barrister Zafarullah Khan. An important feature of the workshop was the lecture delivered by Dr. Farooq Khan, on "Islam on Violence against women". The panelists of the workshop answered questions raised by participants. The concluding session was addressed by Ms. Caroline Courtios, Advisor, European Union for this project. She efficiently explained the objectives of the project and their impact on the society. The workshop may be regarded as a successful exercise in sensitizing the participants on issues regarding the rights of women and their status in the developed societies.

42

LAW AND JUSTICE COMMISSION OF PAKISTAN

The Commission Secretariat and members of the Commission placed various proposals for reform of law. The Commission in its meetings during the period considered a long list of items of the agendas and after due deliberation approved amendments in the following laws or provisions of laws and recommendations were made to the Government for

implementation.

(1)

AMENDMENT IN THE FAMILY COURTS ACT 1964.

The Law and 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 Federal Government to amend section 10 of the West Pakistan Family Court Act 1964 accordingly. However, contrary to the

recommendation of the Commission, the Federal Government while amending Section 10 of the West Pakistan Family Court 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 mehr received by the wife. The Commission, therefore, reiterated, its earlier recommendation made in Report No.33 of the Commission and it was recommended that the Secretary, Law, Justice and Human Rights Division, may, in keeping with the observations of the Commission, suitably rephrase and amend the provision.

43

(2)

AMENDMENT IN THE MUSLIM ORDINANCE, 1961.

FAMILY

LAWS

Sub-section (4) of section 5 of the Muslim Family Laws Ordinance 1961, 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 with fine which may extend to one thousand rupees, or with both. Because of devaluation of the rupee and inflation in the economy the existing punishment of the amounting to rupee one thousand has lost its deterrence value, therefore, the Commission recommended that the amount of the fine may be enhanced from rupee one thousand to rupee ten thousand. Similarly, in view of a tendency of not giving notice of Talaq to the Chairman of the Union Council by the husband as required under section 7 of the Ordinance for indulging such wife in Hudood cases if she contracts marriage after passing of 'Iddat' period, the Commission recommended 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 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 also approved an amendment to' Section 9 (1) of the Muslim Family Laws Ordinance providing for maintenance of minor children by the father.

44

(3)

THE OFFENCE OF ZINA (ENFORCEMENT OF HUDOOD) ORDINANCE, 1974. 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 for 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. The Commission recommended that the punishment of

imprisonment for life provided in the aforesaid sections may be substituted with the words "imprisonment of either description for a term which may extend to twenty five years, 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.

(4)

REPORT ON JAIL REFORM.

A report on jail reforms had been approved by the Commission

in the year, 1997, and some recommendations of the Commission had been implemented by Provincial Governments. A revised report on Jail reforms was placed before the Commission which was based on an extract from 4 reports; one made by an NGO; second by Jail Training Institute, Lahore, third by a Committee constituted by the N.W.F.P. 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. On the issue of bar fetters, it was observed that there has been a court judgment on the subject, whereunder this punishment is prohibited. The Provincial Governments are generally in agreement with the proposal to abolish the punishment of bar fetters. It was, therefore, agreed that to prevent

45 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 Session Judges shall regularly visit the jail and dispose of the appeals against the orders of the Jail Superintendent. The Commission also 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. 5. AMENDMENT IN RULES. For remission in sentence to 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 and educating them 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 districts. Therefore, the Provincial Governments, while setting up the district administration offices in new districts must simultaneously construct jails and judicial lock-ups therein. The Commission

46 further observed that the jail authorities do not observe the court's orders in letter and spirit and sometimes disobey such orders mischievously. 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 proceedings under the contempt of the court. With the above observations, the Commission approved the proposals made in the revised report on Jail Reforms. (6) ENHANCEMENT OF PUNISHMENT OF FINE IN PROVINCIAL STATUES OF SINDH, PUNJAB, NWFP AND BALUCHISTAN. The Commission observed 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 and requires to be suitably enhanced. The Commission had approved enhancement of punishments of fine prescribed in various Federal Statutes of similar periods under a formula. So it was recommended that keeping in view the enhancement of fine made later in time, fines in provincial statutes should also be enhanced as per the formula. (7) AMENDMENT IN SECTION 9 OF THE MUSLIM FAMILY ORDINANCE, 1961, AND SCHEDULE OFTHE 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 outside the court from the Arbitration Council or Chairman, Union Council, children unlike the mother, cannot apply to the Arbitration Council. So the Muslim Family Laws Ordinance, 1961, need to be amended suitably, enabling the children to seek maintenance from the Arbitration Council or Union Council also before approaching the Family Court. The Commission further

47 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 reconciliation 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 sucking baby to get adequate cost of living for a period not exceeding two years. (8) THE RECUSANT WITNESSES ACT, 1853. The Commission considered the Recusant Witnesses Act, 1853, and resolved that the subsequent enactment like 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. (9) THE WEST PAKISTAN 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 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

48 (Recovery of Finances) Ordinance, 2001. (10) CHECK ON MUSHROOM GROWTH OF LAW COLLEGES AND BAN ON EVENING CLASSES. The Commission took serious notice 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 L.L.B Degree adopt the legal profession which has now been overcrowded. These colleges have no regular faculty nor other institutional 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 LLB degree course in the Punjab. The Commission constituted a Committee h eaded 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. (11) AMENDMENT OF RULES FRAMED UNDER STAMP ACT, 1899. The Chief Justice Lahore High Court observed that one of the cause in rise of litigation is the false agreement made in the back date on the Stamp Papers issued with back dates by the stamp vendors. So as proposed by the Lahore High Court 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. The Commission approved the proposal of the Chief

49 Justice, Lahore High Court to amend Rules 2, 8, 26, 29 and 29-A and insertion of a new rule 33-A 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 vendor or licenced vender shall enter into their concerned registers of sale the serial numbers and date of printing of the stamp papers issued to the licenced vender or sold to the public and the ex-officio vendor may not issue further stock to the stamp vender unless the previous stock is sold out. (12) 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 Commission observed that the proposed amendment is very useful which will address the anomaly in trial of two connected offences. So after deliberations the Commission approved the amendment in the Arms Ordinance, 1965. (13) 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 licenced by the High Courts,

50 perform the job of deeds and 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 and deed writing. After 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 and conveyance writing by the Inspector General of Registration. The Commission added that lawyers, being eligible, must also continue to draft conveyances and deeds. (14) EXECUTION OF FOREIGN DECRESS. 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 which is based on the observation of the High Court of Sindh in PLD 2003 Kar.382. It was observed 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 omitted and substituted as done in the Indian CPC. The Commission approved that the word "United Kingdom" may be omitted from section 44A and words "reciprocating country and territory" may be replaced for it. (15) THE CASTE DISABILITIES REMOVAL ACT, 1850. 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. (16) THE KAZIS ACT, 1880. The Commission considered the Kazis Act, 1880. The

Commission was informed that the appointment of Kazis under the Kazis Act,

51 1880, is different than the appointment of Kazis under the Dastoorul Amal Diwani Qalat and Shariat Regulations enforced in parts of Balochistan and that there are no Kazis appointed under the Kazis Act in the province of Balochistan. The Secretary, Law, Justice and Human Rights Division informed that the Act has already been replaced in its application to the federal territory. The Commission, therefore, approved repeal of the Kazi's Act, 1880, in its application to the Provinces. (17) AMENDMENT IN THE BALOCHISTAN, N.W.F.P., PUNJAB AND SINDH MOTOR VEHICLES ORDINANCE, 1965, AND SECTION 94 OF THE MOTOR VEHICLES ACT, 1939. The Commission considered the Provincial Motor Vehicles Act and the amount of compensation prescribed therein for the death or hurt caused by an accident. It was observed that existing amount of compensation for the loss of life in accident as rupees ten thousand is a meagre amount which may be as nearly as possible to the amount of Diyat according to circumstance of the case and 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. It was further observed that most of the accidents on the roads happen because of attending mobile phone calls or watching TV, 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 thousand. For driving of vehicle without insurance the present fine of rupees two thousand may be enhanced to rupees five thousand. Fine for driving without licence and by the juvenile differently prescribed in four Provinces may be enhanced to rupees one thousand.

52 (18) 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 revision. 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. (19) 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. It was observed that these service charges are a sort of imposition of tax upon deposits of small account holders who generally belong to the p oor 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.501/- 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. So 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 holders 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 of fixing profit on deposits, after deducting expenditure or

53 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. PROGRESS REPORT ABOUT PUBLIC AWARNESS SCHEME The Following write-ups prepared by the Secretariat, Law and Justice Commission of Pakistan since the 1st July, 2005, to the 30th June, 2006, which have been published in the daily newspapers for the information of general public. The material is also available on the website of the Commission (www.LJCP.govt.pk) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) Law and Procedure for Summary Trials. Unlawful Restraint and Punishment Thereof. Preventive Action of the Police. Oral Evidence and recording thereof. Fundamental rights and their safeguards. Decree obtained by fraud or misrepresentating. Legal Disability Legal safeguards provided to minors and insane persons. Exemption of certain persons from personal appearance in the civil courts. Offences against the State: High Treason. Documentary Evidence. Sedition under Section 124-A or Offences against society. Suits by or against Government. Law of Estoppel. Transfer Of Criminal Cases Powers of Justice of the Peace in the light of judgment of the Lahore High Court. Procedure of Registration of firm according to Partnership Act, 1932. Rights and liabilities of Seller and Buyer under the Sale of Goods Act, 1930. Power of Court to Acquit the Accused at any Stage of Trial. Law of Dangerous Kite flying. Marriage Functions (Prohibition of Ostentatious Displays and Wastefull Expenses) Ordinance, 2000.

54 (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) Procedure for Recovery in Negotiable Instruments. Procedure for Registration of Documents. Supreme Court review powers on its judgments. Attachment Before Judgment. Attachment of Property in Execution proceedings. Injured Persons (Medical Aid)Act, 2004. District Nazim And His Powers. Private Complaint. Offences Against Public Tranquility. Precautionary Measures of Police. Offences Related to Election. Procedure for registration of Documents. Review powers of Supreme Court on its judgments. Will and Procedure for its Registration. Appointment of Legal Advisers of Company. Dissolution of Firm. Law of Oath and its Procedure. Unani, Ayurvedic and Homeopathic Practitioners Rights and Liabilities. REPORT ON AJDF 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 Programme 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, gap has provided an innovative, independent and flexible extra-budgetary support to the justice sector reforms. The AJDF is located with the Law and Justice Commission of Pakistan (LJCP), which provides secretarial support to AJDF. LJCP has constituted a Governing Body (GB) with a mandate to manage and administer the Fund. The GB is headed by the Chief Justice of Pakistan. The GB comprises

55 of the Chief Justices of the four Provincial High Courts, the Secretary, Ministry of Finance, the Secretary, Law, Justice and Human Rights, and the Secretary, LJCP, as members. The GB approves areas and projects requiring funding. The Federal Government has provided initial grant of rupees fifty eight million to the Commission credited to the reserve fund account which shall be expendable to operationalize the seven windows of AJDF. The Federal Government has also provided another grant of rupees one thousand four hundred twenty one million as principal amount to establish the Fund in the Public Accounts of the Chart of Classification for Federal, Provincial and Local Government accounts. The principal amount is non-consumable and shall remain intact. The income earned from investment of the Fund shall be disbursed to the seven windows of AJDF as per their shares as per criteria laid down from time to time by the Governing Body. The Commission shall have overall control of the Fund, its undertakings, properties and assets, which shall be administered and managed by the Governing Body of AJDF. The Fund shall be invested in the Government approved securities, term finance certificates (TFCs), shares or in any other form of investment in accordance with the approved policy of the Government. The income generated by investment of the Fund or draw from reserve Fund Account shall be credited to the Fund Account of the commission with the National Bank of Pakistan, (NIDA A/c No 44), Islamabad, for allocation for the purposes specified in clauses (a) to (g) of section 6-B of the Ordinance. All investments made, properties acquired, undertakings taken, agreements reached, bank accounts opened, shall be in the name of the Commission. The Commission has awarded contacts to the nine different organizations for working in the legal awareness and legal empowerment of the vulnerable, children and women.

56 In order to raise awareness of issues related to operationalization of Access to Justice Development Fund (AJDF), the Law and Justice Commission of Pakistan (LJCP) plans to organize awareness raising workshops in four Provinces and the Federal Capital during the months of June and July. The purpose of the workshops is 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. In addition to reviewing progress on AJDF through consultation with stakeholders, these workshops will provide an opportunity to suggest measures to make AJDF operational procedures more simple, accessible and effective. Another key objective of holding workshops is to ensure broadbased active participation of stakeholders representing all regions. The workshop held on 9th June in Quetta is one of the series of these workshops. The workshop was chaired by the Hon'able Chief Justice of Pakistan. The workshop started with the recitation of Holy Quran and was designed into two sessions. In the first session Secretary Law and Justice Commission of Pakistan delivered a detailed speech about the AJDF rules and procedures and about the Law and Justice Commission of Pakistan. In his speech the Secretary addressed the LJCP composition and functions to the participants. It was further addressed about the NJPMC composition and functions and details about the LJCP secretariat. The Secretary also informed how to access the funds and the aims of the workshop. AJDF windows allocation shares and the objectives of each window were also discussed in the speech alongwith current year allocations. The Secretary also informed the participants that the second phase of project proposals have been launched and an advertisement placed in the papers showing the last date for submission of project proposals which is the 31st July, 2006. The NGO's who were awarded contacts in the 1st phase was also brought into the notice of the participants. In addition to these it was also

57 pointed out by the Secretary about the AJDF work plan, M&E systems, communication strategy and contract management systems of the AJDF. The Hon'able Chief Justice of Pakistan being the Chairman of the Commission and AJDF delivered a speech. It was pointed out to the participants that Government of Pakistan has established AJDF to ensure an independent, innovative and flexible extra budgetary support to the judiciary for the first time in history. In the speech it was informed that the AJDF aims to address historic under resourcing faced by the judiciary. In fact, the real utility and meaning of AJDF lies in the fact that for the first time subordinate courts have been provided a sustainable funding to strengthen the institutional development of lower Judiciary and other allied aspects of justice sector. The Hon'able Chief Justice of Pakistan also informed about the formulation of the National Judicial Policy Making Committee and said it represents a finest example of its kind in the justice sector.

HUMAN RIGHTS WING

Government of Pakistan has kept pace with the progress of human rights at International level and has signed and ratified almost all the International Treaties and Conventions. The legislature and judiciary, who are operational organs of the Government, have played a vital role in framing and protecting these rights. The commitment of the present Government to address the human rights issues is indicated by mass awareness in regard to human rights and human dignity. There is an ever increasing awareness of the need to curb and bring in limelight cases which relate to human rights violations and to educate masses about their fundamental rights. The present Government is trying its level best to create a society free from human sufferings and deprivation and to provide safeguards and security to its

58 citizens in accordance with the Fundamental Rights (Article 8 to 28) and Principles of Policy (Article 29 to 40) of the Constitution and the Universal Declaration of Human Rights. These Articles guarantee the fundamental rights to all citizens of Pakistan which include the right to life, association, assembly, political and religious freedom, non-discrimination, equality and right to movement and speech. Besides this, the charters of UN Convention in regard to Human Rights are being implemented through policies and efforts of the present Government. Even the Non-Government Organizations (NGOs) are striving hard, together with various departments of the Government in a pro-active way. The report of human rights violations, received from the victims and those through the press and media are immediately taken up with the Police Authorities and other agencies concerned. It is through the commitment of the present Government and efforts of Human Rights Wing of this Division and its Regional Offices in four Provincial Headquarters that in collaboration with Provincial Governments, Provincial Human Rights Monitoring Committees have been constituted in all Provinces of the country, with the Provincial Home Secretaries as heads of the said Committees. Their aim is to accelerate the pace of disposal of human rights violation. It is through these efforts of the Government that our courts are also taking suo moto actions. The Government departments and Non-Government Organizations (NGOs) are although working separately for the cause of human rights but their aim are to provide better protection and awakening and the awareness in the masses about human rights. The present Government has initiated the concept of public private partnership in the field of human rights for which affiliation of more than 140 NGOs has been made and more are in line for the purpose. To address these issues in their real perspective, it was the need of the day that we should have a Government institution for the promotion and protection of human rights, which should not only be powerful but also autonomous. To achieve this goal a bill for the

59 establishment of National Commission for Human Rights has been introduced by the Government in the National Assembly and is now under consideration of the Standing Committee of the National Assembly. National Commission on the status of Women is also assigned to review all those laws which were discriminatory to the welfare of the women, and to submit report with recommendations to the relevant quarters for amendments and repeal of the unwarranted laws. As a step forward in the protection of rights of women an increase of activity at the national and provincial legislative Assembly, regarding the eradication of tribal custom of honour killing and karo kari. In this regard, National Assembly has passed a bill for the elimination of the tribal custom within the country. FUNCTIONS AND CHARTER OF DUITIES. Under the Rules of Business, 1973, the following functions have been assigned to the Human Rights Wing, namely:(1) (2) (3) review of human rights situation in the country including implementation of laws, policies and measures; co-ordination of activities of Ministries, Divisions and Provincial Governments regarding human rights issues; initiatives for harmonization of legislation, regulation and practices with the international human rights covenants and agreements to which Pakistan is a party and monitoring their implementation; obtaining information, documents and reports on complaints and allegations of human rights violations from Ministries, Divisions, Provincial Governments and other agencies; refer and recommend investigations and inquiries in respect of any incident of violation of human rights; pursuing or defending, issues, complaints, representations and matters for and against Pakistan relating to human rights before any official or non-governmental organization, body or forum in Pakistan and, in consultation with Foreign Affairs Division, before any international organization and foreign governmental or non-governmental organization; representation of Pakistan in international bodies, organizations and conferences relating to human rights in consultation with Foreign Affairs Division;

(4)

(5) (6)

(7)

60 (8) developing and conducting information programmes to foster public awareness of human rights, laws and remedies available against abuse of human rights; formulating programmes of teaching of human rights at educational institutions; and provision of facilities for professional and technical training at home and abroad relating to human rights. ESTABLISHMENT OF NATIONAL COMMISSION FOR HUMAN RIGHTS. The bill for the establishment of National Commission for Human Rights has been approved by the Cabinet and introduced in the National Assembly. Standing Committee of the National Assembly on Law, Justice and Human Rights has also examined the bill. (B) HUMAN RIGHTS VIOLATION ETC. 76 Cases of human rights violations received from the foreign Governments, International Organizations and persons were inquired and reports thereto furnished to the Ministry of Foreign Affairs, etc., for making response to the concerned governments, organizations and persons as per following break up: S.No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Nature of Case Total Number of Receipts. 04 01 20 Nil 01 01 Nil 20 04 14 11 76

(9) (10)

ACTIVITIES OF HUMAN RIGHTS WING. (A)

Violence against women Rape cases Honour-killing cases Child abuses cases Arson and burning cases Custodial and extra judicial killing cases Habeas corpus cases Murder cases Torture cases Kidnapping cases Blasphemy cases Total:-

61 In addition 1660 cases of human rights violations reported in the press and by the victims, were processed with the concerned authorities for redressal of the grievances of the victims as per following break up:Abduction (Women and Children) cases 200 Bonded labour cases 150 Burn cases 110 Child abuse and Torture cases 140 Domestic violence cases 280 Financial assistance cases 110 Honour-killings cases 220 Torture (Police, etc) cases 240 Rape and gang-rape cases 210 Total:1660 Further, a number of cases pertaining to human rights violations have been received from the Standing Committee of the National Assembly and Functional Committee of the Senate on Law, Justice and Human Rights. Required necessary action was taken and detail reports were submitted to these Committees promptly. Besides above scores of cases of human rights violations reported in the Press and those received from the individual were also dealt with by Regional Offices, Human Rights, at Lahore, Karachi, Peshawar and Quetta; and promptly reported to the Police and other agencies concerned for redressal. (C) HUMAN RIGHTS RELIEF AND REVOLVING FUNDS Two funds, namely Human Rights Relief Fund and Human Rights Revolving Fund stand established in the Human Rights Wing aiming to provide financial assistance to deserving cases of human rights violations and extreme hardships. In the financial year 2005-06, an amount of Rs.2.00 million was allocated in both the funds, whereas, a sum of Rs.35,000/- was provided to the family of two ill-fated minor girls at Lahore and Rawalpindi who were raped to death whereas Rs.3,08000/- were disbursed to the

62 earthquake affectees during the financial year 2005-2006. The remaining amount lapsed due to certain technical hinderances. (D) AFFILIATION OF NGOS NGOs working in the field of human rights were required to seek affiliation with the Human Rights Wing through press. In response a lot of NGOs applied for affiliation. All the applications were examined and 143 NGOs were approved therefrom for affiliation. These NGOs were requested to provide tangible proposals to improve human rights conditions in the country. Two meetings were also held with the NGOs. The organizations have reacted warmly and sent their proposals except a few donor driven NGOs. (E) WOMEN IN DISTRESS AND DETENTION FUND A fund, namely Women in Distress and Detention Fund was established under an Act of Parliament No.XV of 1996. It is meant for providing financial and legal assistance to the women languishing behind jails on account of different allegations, and those who are faced with extreme hardship. The rules and procedure in order to carry out the purposes of the Fund were framed in 1999, and are called The Women in Distress and Detention Fund (Procedure) Rules, 1999. The Government provided Rs.25 million for the Distress and Detention Fund. This amount is available in the books of AGPR, being a nonlapsable fund. In the recent meeting of the Board of Governors of the Fund held on the 27th April, 2005, it was decided to invest the amount of the fund in a gainful scheme of the Federal Government and profits accruing there from to be utilized for the achievement of the objectives of the fund. Action is in progress. (F) INTERNATIONAL HUMAN RIGHTS DAY International Human Rights Day as per past practice, was also commemorated on the 10th December, 2005, and special programme were

63 chalked out by the Regional Office of Human Rights. A large number of people belonging to different walks of life and school children participated in these programmes. (G) INFORMATION RESOURCE CENTRE. An information resource centre is working under the direction of former Minister for Law, Justice and Human Rights where leading national and regional newspaper are received for preparing press clipping on gross violations of human rights. During the last one year 260 cases of major human rights abuses collected from newspapers were referred to concerned departments and agencies for necessary investigation and redressal.