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November 24, 2003 Monday Ramazan 28, 1424

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Commission okays changes in laws


ISLAMABAD, Nov 23: The Law and Justice Commission of Pakistan (LJCP) has approved many amendments in various laws to improve and make them in accordance with the need of time.

Giving details of these amendments, Law and Justice Commission of Pakistan Secretary Dr Faqir Hussain told APP on Sunday that in its meeting held recently which was presided over by Chief Justice of the Supreme Court Sheikh Riaz Ahmed, the commission has approved the amendments.

Mr Hussain said the commission considered various proposals for amendments of laws and took notice of ostentatious displays and wasteful expenditure being incurred on marriage ceremonies including the serving of lavish meals, decorations, firing in the air, cracking of explosives and the exhibition of dowry.

He said with a view to safeguard women inheritance rights, the commission decided that the chief justices of the respective high courts would issue instructions to the courts for the quick and prompt disposal of cases pertaining to the share of women in inheritance.

The commission, he said, also recommended a scheme for public awareness to inform the people, and in particular women, of their inheritance rights, the ways and means to realize their respective shares in the inheritance and the forum to approach, in case of such right is denied.

Referring to problem of accused people absconding from trial, which hampers investigation and delays trial proceedings, he said, the commission has recommended that a new section 172-A should be added to the Pakistan Penal Code.

Dr Hussain said the commission also approved amendments in 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.

Under the present rules, family includes only parents, wife, children, sisters, minor brothers of government servant as well as step brothers and sisters.

He said the commission also approved amendment in the Land Revenue Rules 1968, to the effect that for the appointment of Lumberdar (village Headman), the principle of primogeniture alone is not the correct criteria, which is violative of injunctions of Islam as held in a judgment of the Supreme Court.

The commission has approved amendment in the W. P. Requisitioning of Immovable Property (Temporary Powers) Act, 1956, to ensure that the power of the government to requisition private property is exercised in public interest alone and subject to prompt payment of the market value/rates of the property.

The secretary said the commission further enhanced the penalties prescribed under the Children (Pledging of Labour) Act, 1933. He said the commission has explained 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 upto two years or penalty of Rs20,000 or both.

The commission also reviewed sections 427, 428, 429 and 435 of the Pakistan Penal Code 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 accordance with the present-day requirements of the society.

He said the commission also examined and approved certain amendments of procedural nature to expedite the trial proceedings in the court. Such amendments include expeditious investigations, submission of chargesheet within the stipulated period, eliminating unnecessary adjournments and other measures to expedite the pace of litigation.

Giving some details about formation of Law and Justice commission, he said its main purpose is to prepare recommendations, reform the legal system beside improving the judicial policies.

The recommendations of the commission, he said, are submitted to the law ministry and then after the approval from the federal cabinet, these recommendations are presented in parliament for final approval.

He said the commission has so far prepared 56 reports on various laws and more than 70 per cent of its recommendations have been implementing, while remaining are in the process of approval.






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