12 December 2004	Sunday	29 Shawwal 1425

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ISLAMABAD, Dec 11: The Law and Justice Commission of Pakistan (LJCP) on Saturday approved an amendment to the law to make power of attorney a compulsory document in selling immovable property.

The amendment was approved after examining an increasing number of complaints of fake agreements in the sale of immovable property, especially of expatriate Pakistanis.

The Chief Justice of Pakistan, Justice Nazim Hussain Siddiqui, who is also the chairman of the LJCP, presided over three important meetings to review a host of legal issues to suggest amendments. These meetings were held at the Supreme Court building.

After deliberations, the committee approved amendment to Section 17 of the Registration Act 1908 to make the power of attorney, which authorizes the attorney to sell immovable property or an agreement to sell immovable property, a compulsory document.

The commission also examined general complaints against police for not registering FIRs. It also noted alternative procedure available for recording of FIRs under Sections 22-A and 25 of the Code of Criminal Procedure (CrPC). Under the law, direction to police for recording of FIR in appropriate cases could be issued by the sessions judge and additional sessions judge, as ex-officio justices of peace.

The commission was informed that in Sindh the provincial government had established a Citizen Police Liaison Committee (CPLC) at Karachi which records the statement of complainant and then sends it to the police officer concerned for the registration of FIR.

Similarly in Punjab, the Lahore High Court (LHC) is in the process of prescribing procedures under Sections 22-A and 25 of the CrPC to authorize sessions judges in this regard.

The commission, however, adjourned the matter till the finalization of the procedure by the LHC.

While considering different proposals, it also examined the issue of absconding of accused while on bail during trial as a result of which court proceedings got delayed.

It recommended an amendment to Sections 513 and 514 of the CrPC to empower the trial court to direct the accused to deposit bail amount in cash, through government promissory notes of like amount or to furnish bank guarantee of the same amount, to the satisfaction of the court while granting bail to the accused.

This, according to the commission, would ensure appearance of accused in court hearings. However, the accused should be given reasonable time to arrange for such cash deposit or bank guarantee. If the court is satisfied that the accused has no means to deposit the amount or bank guarantee, then it could require him to execute bail bond of such amount, with or without surety.

Immovable property of the surety could also be attached for the recovery of the bail amount as at present the court could only attach moveable property of a surety of an accused when he absconds from trial, according to the commission's decision.

Apart from the CJ, the first meeting was also attended by the members of the commission, namely, Justice Chaudhry Ejaz Yousaf, Chief Justice, Federal Shariat Court, Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh, Justice Iftikhar Husain Chaudhry, Chief Justice, Lahore High Court, Justice Nasir-ul-Mulk, Chief Justice, Peshawar High Court, Makhdoom Ali Khan, Attorney General of Pakistan, Justice (Retd) Majida Razvi, Chairperson, National Commission on the Status of Women, Zakir Muhammad Jahur, Senior Joint Secretary, Ministry of Law, Dr Faqir Hussain, Secretary of LJCP.