April 14, 2006	Friday	Rabi-ul-Awwal 15, 1427

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ISLAMABAD, April 13: The government has proposed two new laws – one to establish a high court in Islamabad and the other to create three special benches of each of the four existing high courts—for prompt dispensation of justice.

Federal Law Minister Wasi Zafar and Secretary Law Justice (rtd) Mansoor Ahmed told reporters in the law ministry office on Thursday that both the bills were being published to seek opinion of the people concerned, after which these would be presented first to the cabinet and then to parliament.

Referring to the first bill, the minister said no amendment to the Constitution was required to create a high court in Islamabad and that it was being established on the demand of the Islamabad Bar Association. He said it would be in the public interest and would facilitate expeditious disposal of cases.

In view of the importance of Islamabad, its growing population, foreign investment and other administrative reasons, it is expedient that Islamabad Capital Territory (ICT) be declared a province which should have a separate high court, says the statement of objects of the bill.

At present the Rawalpindi Bench of the Lahore High Court (LHC) exercises jurisdiction in ICT by virtue of Article 14 (2) of the Province of West Pakistan (Dissolution) Order 1970 read with High Courts (Establishment) Order 1970.

Under the proposed law, the FHC will have a chief justice; the number of judges will be notified later. All civil, criminal and other courts functioning in ICT under the superintendence and control of the LHC will be placed in the jurisdiction of the FHC after its establishment. Similarly all cases/appeals pertaining to ICT and pending in the LHC will be transferred to the FHC.

The second bill, the High Courts (Practice and Procedure) Act 2006, will create three divisions— civil, commercial and criminal— in each high court.

Senior judges will preside over the divisions and the chief justice concerned will fix cases for the divisions.

Under the proposed law, a commercial division will hear cases arising out of transaction of trade and commerce, including foreign investments, negotiable instruments, export or import of goods, carriage of goods by land, sea or air or pipeline, exploitation of oil and gas or other natural resources, insurance and re-insurance, banking and financial services, operations of markets and exchanges, construction of ships, business agency and companies.

Judges of the commercial division will also encourage parties to resolve issues through alternative methods like arbitration, mediation and conciliation.

Hearing of commercial disputes will be on a day to day basis and will continue till completion.

An inspection wing will also be created in each high court to effectively supervise and control subordinate courts. A retired high court judge will head the wing which will have two or more district and sessions judges as its members.

The wing will also keep an up-to-date record of pending cases in subordinate courts, particularly old cases, and will recommend posting of more judges and judicial magistrates for disposal of pending cases.

It will also suggest measures for disposal of cases, see whether courts adhere to the rules during day-to-day hearing and will receive complaints relating to administration of justice in the subordinate judiciary and ensure prompt actions for their redress.

The wing will provide guidance to judges of subordinate judiciary to improve judicial administration and case management. It will also arrange surprise visits for prompt action on complaints from litigant public.

APP ads: Mr Wasi said: “We have studied the functioning of high courts in the country and have observed that there is a great workload on the courts.”

The minister said a number of steps were under way regarding access to justice, reforms in the existing laws and judicial system, training of functionaries and reconciliation mechanism.

He said draft amendments in this regard had already been moved in parliament with a view to removing delays in disposal of cases at the level of subordinate courts and implementing other reforms.

He said the government was trying to discourage unnecessary litigation and provide for punishment to those who register false cases.