ISLAMABAD, Jan 13: The government on Thursday unveiled two proposed bills designed to create a federal court and to amend certain criminal and civil laws for speedy disposal of cases.
Prime Minister Shaukat Aziz in his first address to the nation since taking his office in August had announced setting up of a federal commercial court in Islamabad to deal with financial disputes involving business, federal taxes and investment.
Law Minister Wasi Zafar and Secretary Law Justice (retd) Mansoor Ahmed told reporters here at his office on Thursday that these draft bills had been sent to the cabinet for approval while the same would be submitted before the next session of the National Assembly for final adoption.
Amendments have been proposed in the Pakistan Penal Code 1860, the Code of Criminal Procedure 1898, the Offence of Zina (Enforcement of Hudood) Ordinance 1979, the Specific Relief Act 1877, the Powers of Attorney Act 1882, the Code of Civil Procedure 1908 and the Registration Act 1908.
Explaining salient features of the bill called the Federal Court Act 2004, Secretary Law Mansoor Ahmed said the federal court would have a principal seat in Islamabad with benches in provincial headquarters.
A chief judge would head the federal court while the strength of the court would be determined by the president in consultation with the prime minister. The chief judge and other judges would be appointed by the president after inviting a panel from the Chief Justice of Pakistan and other professional bodies including public organizations.
A person eligible to be a judge of the high court or serving in a public organization in Grade-21 or above or equivalent, having professional qualification and experience of 15 years in commercial, economic or financial matters could be appointed as the chief judge or judges of the federal court.
A retired judge of a high court or of a tribunal or a court established under a federal law having experience in commercial, economic or financial matters will also qualify for the post.
The federal court would have origional and appellate jurisdiction on laws involving Imports and Exports (Control) Act, the Copies Rights Ordinance, the Customs Act, the Drug Act, the Emigration ordinance, the Oil and Gas Regulatory Authority Ordinance, the Industrial Relations Ordinance under which a high court hears appeals against decisions of courts and tribunals such banking courts, drug courts, income tax tribunals and customs tribunals.
Intra-court appeal is also being provided to expedite the appellate work while appeal to the Supreme Court would lie only where it grants leave to appeal. To ensure independence of judiciary, the Supreme Court would supervise and control the federal court.
"It is the need of the time to improve the administration of justice to provide speedy and expeditious relief to the people and idea of the federal court is a step towards that end," the law secretary said, adding that it would also help in building investors' confidence.
In the second proposed bill, different amendments have been introduced like Section 167-A PPC suggesting punishment to dishonest investigation by police to curb the evil of dishonest investigation to provide relief to aggrieved persons.
Under Section 344-A of the PPC, illegal confinement by police officials is being made an offence punishable with imprisonment up to seven years while the offender would be liable to fine.
The punishment for theft is also being enhanced from three years to five years under Section 379. Similarly the punishment of theft, fraud and forgery is being enhanced to curtail cases of frequent theft, fraud and forgery involving immovable property by amending sections 420 and 468 of the PPC.
A new offence for cattle theft under Section 381-B of the PPC, is being provided punishable up to seven years with fine payable to the owner as compensation.
The punishment of trespass by dispossessing any person from immovable property would be punishable up to 10 years, to have a deterrent effect on Qabza groups by amending sections 441 and 447 of the PPC.
Wide powers of police to arrest are also being curtailed to save the people from the abuse of power by police by amending Section 54 of the CrPC. Likewise any police officer failing to record an FIR in cognizable offence would be liable to prosecution under Article 155 of the Police Order 2002.
Similarly, courts are also being empowered under Section 155 of the CrPC to direct investigation by police in non-cognizable cases on receipt of an information which would put the police in motion immediately resulting in redressal of grievances of the common man.
In case the challan is not submitted within prescribed period, the court could order record entry of negligence in the service record of police officer concerned under Section 173 of the CrPC.
To reduce court delays due to non-attendance of witnesses and non-production of documents in criminal cases, an amendment is being proposed empowering the trial court to take action against delinquents under Section 195 CrPC and consequential amendment to Section 476 empowering the court for mandatory prosecution.
Condemned prisoners under Section 374 of the CrPC would not be shifted to death cells without confirmation of sentence by the high courts. To safeguard rights of women, law relating to bail is being amended so that women could be released on bail except in offences relating to narcotics, terrorism, robbery, dacoity or murder.
This would minimise the misery of women at present languishing in jails without trial. A law is also being amended to curtail the power of court to give remission in the amount of the surety through amendment in Section 514 of the CrPC.
Offences under section 10(2), 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 are also being amended to make them non-cognizable to protect women from abuse of power and harassment by police.
Referring to the civil side, the secretary said the situation in civil cases was more miserable as it took years to conclude a case and some time the remedy gets diluted.
