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| October 12, 2003 | Sunday | Sha'aban 15, 1424 |
Up to 3-year jail for absconders: • Compensation of requisitioned property
ISLAMABAD, Oct 11: The Law and Justice Commission has decided to add a new section to the Pakistan Penal Code to deal with issues arising out of the situation where an accused facing a trial in a court of law absconds from the trial.
The commission met here on Saturday with Chief Justice Mr Justice Sheikh Riaz Ahmed in the chair.
The new section, ‘172-A - Punishment for an absconder,’ reads as: “Whoever being accused of an offence under this code or under any other law for the time being in force, absconds or avoids arrest or evades appearance before any inquiry or trial or court proceeding or conceals himself, and obstructs the course of justice, and against whom a warrant of arrest has been issued by the court or proclamation has been published, shall be liable to imprisonment for a term not exceeding three years or with fine or with both.”
The new law will put a number of politicians, including Pakistan People’s Party Chairperson Benazir Bhutto, at present living abroad and facing trials in various courts of law in the country, in an uncomfortable position.
The commission observes that the problem of accused persons absconding from trial hampers investigation and delays trial proceedings which tantamount to obstructing the course of justice.
“To prevent any possible abuse of the law, the commission also approved an appropriate amendment to section 87 of the Code of Criminal Procedure (CrPC) as a safeguard. The amendment provides for a proclamation to be published in at least three national newspapers, including one in Urdu language and one in the regional language, requiring the person absconding to appear before the court and face trial,” an spokesman for the commission said.
WOMEN’S INHERITANCE: The commission also recommended a scheme for public awareness to inform the people, in particular women, of their right of inheritance, the ways and means to realize their respective shares in inheritance and the fora to approach, in case such a right was denied to them.
The commission recommended that the judgments of the Supreme Court which emphasized on the allocation and provision of women’s share of inheritance would be translated into Urdu and given wide publicity through the press and electronic media.
MARRIAGE EXPENSES: The commission also recommended that the relevant laws about marriage ceremonies, including the serving of lavish meals, decorations, aerial firing, cracking of explosives and exhibition of dowry, should also be appropriately amended to provide serving of a single dish only to a limited number of guests, not exceeding 300, in the Valima and Baarat functions.
The commission also recommended strict enforcement of the law so that there was no ostentatious display of wealth through wasteful expenses and to enforce the ban on display or exhibition of dowry items during marriage festivities.
The commission also approved amendments to the Government Services Medical Attendance Rules to the effect that in case of second marriage by a government servant, the second wife should also be included in the definition of family and entitled to medical facilities.
LUMBERDAR: The commission also approved an amendment to the Land Revenue Rules 1968, to the effect that for the appointment of Lumberdar (village Headman) the principle of primogeniture alone is not correct criteria, which is violative of injunctions of Islam as held in a judgment of the Supreme Court.
“The appointment of the Lumberdar shall be on merit and consideration should be given to the requirement of honesty, trustworthiness as well as other qualities of head and heart, so as to ensure that the Lumberdar is a fit person for the job,” the commission said.
The meeting also approved an amendment to the W.P. Requisitioning of Immovable Property (Temporary Powers) Act, 1956, to ensure that the power of the government to requisition private property was exercised in public interest alone and subject to prompt payment of the market value/rates of the property.
“Further, if the amount of compensation is not paid within three months, the order of requisition shall be deemed to have been revoked and such property shall stand released,” the commission said.
The meeting further enhanced penalties prescribed under the Children (Pledging of Labour) Act, 1933. The commission stated that such penalty be enhanced to Rs20,000 and in case of second conviction, the punishment shall be imprisonment for minimum of six months and maximum up to two years or penalty of Rs20,000 or both.
The commission also reviewed sections 427, 428, 429 and 435 of the PPC dealing with the offence of various forms of mischief and approved enhancement of sums/amounts stipulated in the said sections, to bring the law in accord with the present-day requirements of the society.
The commission further approved an amendment to Section 11-A, 11-B & 11-C of the Pakistan Security Act 1952. Under the amendment, the aggrieved party will have the right to seek review of such an action. Appeal against an order of the executive authority will lie to the district judge and a further appeal to the high court. The decision of the high court shall be final.
The commission also approved an amendment to Rule 1, Order XXXIII of the Code of Civil Procedure, to enhance the ceiling fixed for a pauper to get exemption of payment of court fee. As a result of the amendment, the ceiling earlier fixed as Rs1,000 has been enhanced to Rs25,000.
The meeting was attended by Syed Sharifuddin Pirzada, senior adviser to prime minister; Mr Justice Mohammad Nawaz Abbasi, Principal Secretary, Ministry of Law and Justice; Mr Justice Ejaz Yousaf, Chief Justice, Federal Shariat Court; Mr Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh; Mr Justice Raja Fayyaz Ahmed, Chief Justice, High Court of Balochistan; Mr Justice Mian Shakirullah Jan, Chief Justice, Peshawar High Court; Mr Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court; Justice (Retd) Majida Razvi, Chairperson, National Commission on the Status of Women; Syed Afzal Haider and Mr Mohammad Aslam Chishti, senior advocates of Supreme Court and Dr Faqir Hussain, Secretary of the commission.
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