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| May 19, 2002 | Sunday | Rabi-ul-Awwal 6, 1423 |
Hadd penalty needs FSC’s confirmation: PLC recommends law against child exploitation
ISLAMABAD, May 18: Pakistan Law Commission (PLC) on Saturday suggested that the prison authorities should not confine the convicts under Hudood Ordinance in the death cells unless the Federal Shariat Court (FSC) confirms the Hadd penalty.
A PLC meeting, presided over by Chief Justice Sheikh Riaz Ahmad, who is chairman of the commission, examined Section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and observed that Hadd penalty was subject to confirmation by the FSC. It observed that until the confirmation of the penalty the convict was required to be dealt as if sentenced to simple imprisonment.
It was decided that the chief justices of the high courts would soon issue directions to the courts of sessions to treat sentence under Hadd laws as simple imprisonment and forward the decision to the jail authorities for compliance.
The commission approved amendments to the Law Commission Ordinance, 1979, to assign certain additional functions to the body for improving the system of administration of justice and preparing schemes for access to justice, legal aid and protection of human rights.
The commission approved the establishment of Access to Justice Development Fund to be utilized for providing amenities to subordinate courts as well as the litigant public, improvement of legal and judicial research, training of judicial officers, improvement in quality of legal education, legal empowerment, including the provision of legal aid/assistance to disadvantage and deprived sections of the populations.
Taking serious notice of increasing complaints and litigation due to bouncing of cheques in private transactions, the commission recommended the addition of an offence to the Pakistan Penal Code (PPC).
The offence, section 489-F, would suggest that “whoever dishonestly issue a cheque towards re-payment of a loan or fulfilment of an obligation which is dishonoured on presentation, shall be punishable with imprisonment which may extend to three years and or with fine, unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.”
The commission said that through a consequential amendment in the Code of Criminal Procedure (CrPC), such offence would be made cognizable by police, non-bailable and compoundable.
It observed that right of appeal to the private complainant and the aggrieved victim against judgment or order of acquittal passed by the special court under the Anti-Terrorist Act, 1997, should be made available.
It took notice of gap in the present legislation and recommended the addition of a section to the PPC, section 354-B, about molestation with sexual motive.
The section states: “Whoever with sexual motive resorts to act of fondling, stroking, caressing, pornography, exhibitionism or induces or intimidates any person, with or without his knowledge to submit for such act shall be punished with imprisonment for a term which may extend to seven years, or with fine or both.”
It took notice of increasing incidents of abuse and exploitation of children for use as camel jockeys or employment in injurious or hazardous occupations, and recommended the addition of section 373-A in the PPC called ‘Trafficking in children for employment in dangerous, hazardous occupations’.
It says: “Whoever sells, buys, permits or causes to sell or buy, removes, exports, traffics in or otherwise disposes of any person under the age of 14 years, with intent that such person shall at any stage be employed, or used as camel jockey or for the purpose which was injurious or hazardous to life shall be punished with imprisonment for a term which may extend to seven years or with fine or both. Provided that in case of conviction for the offence of camel jockey, such punishment for imprisonment shall not be less than four years.”
The PLC examined Section 32 of the CrPC and recommended three-fold increase in the fine that could be awarded by the judicial magistrate of the 1st class, 2nd class and 3rd class. Similarly, through an amendment to section 260 (1) of the CrPC, the sums of Rs2,500 in clauses (d),(e),(f) and (g) would be enhanced to Rs10,000.
The meeting was attended by Supreme Court Justice Qazi Mohammad Farooq, Chief Executive’s Senior Advisor Syed Sharifuddin Pirzada, FSC Chief Justice Fazal Illahi Khan, Sindh High Court Chief Justice Saiyed Saeed Ashhad, Balochistan High Court Chief Justice Raja Fayyaz Ahmed, Lahore High Court Chief Justice Falak Sher, Peshawar High Court Chief Justice Mian Shakirullah Jan, Sindh Law and Human Rights Minister Abdul Qadir Halepota, senior SC advocates Syed Afzal Haider and Mohammad Aslam Chishti, and PLC Secretary Dr Faqir Hussain.
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