08 November 2004	Monday	24 Ramazan 1425

LAHORE, Nov 7: Courts to adjudicate petty criminal offences and decide minor civil disputes and suits are yet to be established in the Punjab or elsewhere in the country, though the federal government had promulgated an ordinance more than two years ago.

The Punjab government has not so far framed necessary rules and regulations and sought the help of the Lahore High Court to work out a set of such rules and also assist in establishing these courts across the provinces.

The federal government promulgated the Small Claims And Minor Offences Courts Ordinance (Ordinance XXXVI of 2004) on June 19, 2002, and asked provincial governments to establish such courts to provide for inexpensive and expeditious disposal of petty disputes and criminal offences.

The Punjab government, however, delayed the framing of a set of rules for the courts for about two years and then its law department referred the matter to home department, which ultimately sent it to the LHC. The high court is already in possession of a host of such rules.

According to the LHC sources, the matter of setting up the courts is pending with the Punjab government that is to allocate additional funds and create more vacancies for the courts' presiding officers.

Sources say the LHC has asked the Punjab government to create as many as 135 more vacancies for civil judges-cum-judicial magistrates to preside over these courts. It has suggested 16 such courts in Lahore, 11 in Faisalabad, eight in Gujranwala, six in Rawalpindi, four each in Multan and Sargodha, three each in Sialkot, Bahawalpur and Rahim Yar Khan, and two to one in other district headquarters.

The Punjab government is also to determine the number of staff that will be allocated to courts, besides earmarking the location of such courts at district headquarters.

The provincial government seems in no position to make an early response to the LHC proposal. But it chose to defend its position in delaying the establishment of such courts.

An important Punjab Home Department official said the Punjab government was not totally responsible for delaying the establishment of courts.

He told this correspondent that the federal government had issued only this year a gazette notification to allow the provinces to set up such courts. The implementation of the ordinance, he said, was subject to the federal government notification that came late by two years.

The ordinance was promulgated on the recommendations of the Ministry of Law, Justice and Human Rights and its Law and Justice Commission said in its annual report for 2003 that its recommendation for such court stood 'implemented.' But the report did not mention the stage of its implementation in provinces.

The ordinance seeks the establishment of at least one such court in a district to hear day-to-day matters involving disputes of movable and immovable property, financial transactions, contracts and other minor claims, and pronounce decisions in not later than 10 weeks. The court is also competent to adjudicate minor criminal offences, which are punishable with imprisonment not exceeding three years or fine, or both.

The ordinance seeks to dispense with the small cause courts, established in provinces under the Small Cause Courts Act, 1887, but indemnifies proceedings, punishments and any other legal proceedings under the act.

The primary objective of the ordinance is to reduce by at least 50 per cent the workload of the sessions and civil courts, which also face the shortage of presiding officers and their staff. The LHC sources say the subordinate judiciary is laden with at least half of the petty litigation that is now part of the ordinance's schedule of offences in civil and criminal matters. The LHC has been authorized to make and amend its rules and also decide the courts' jurisdiction and their schedule of disputes and offences.

As for disputes relating to property, contracts and suits for damages, courts are obliged to decide those through conciliatory methods for which the role of 'salis' has been defined in the law. Courts in every district will tabulate a list of such 'salis' and employ them to arbitrate an amicable solution. Parties to a dispute have been authorized to propose their own mediators for the purpose. A 'salis' has to be paid a fee for mediation, which is to be decided by court.

The presiding officers of the courts will enjoy powers under the Code of Civil Procedure 1908 in adjudicating civil matters. In criminal matters, they will be authorized to issue summons, call witnesses and take other legal proceedings under the Code of Criminal Procedure, 1898, and the Qanoon-i-Shahadat (Law of Evidence) of 1984.

As for the trial procedure, section 32 of the ordinance provides for conclusion of trial within 60 days after day-to-day hearing of a dispute. This will be followed by evidence, which will be heard maximum after one week. The court is obliged to pronounce its judgment within three days of the evidence.

As for its schedule, Part I includes suits for recovery of money and damages due to contracts and rescinding them in writing; recovery of movable property or its value or share; separate possession of joint immovable property; compensation, redemption of mortgaged property; disputes under the canal and drainage laws; damage in farms caused by cattle trespass; and claims and damages arising out of traffic accidents.

The schedule's Part II includes criminal offences under the PPC, which are punishable with imprisonment not exceeding three year.