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| June 12, 2006 | Monday | Jumadi-ul-Awwal 15, 1427 |
Law amendment proposals approved by commission
QUETTA, June 11: Two meetings were held here on Saturday under the chairmanship of Mr Justice Iftikhar Mohammad Chaudhry, the Chief Justice of Pakistan and Chairman of the Law and Justice Commission of Pakistan, says a press release.
The Commission took notice of delays being caused in the trial of cases under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Commission observed that mostly women are languishing in prison under this law. It therefore, directed that all cases under the Ordinance shall be decided on a priority basis within a period of three months.
The Commission further directed that District and Sessions Judges would regularly visit the prisons to ensure that no person is kept in jail involved in a bailable case. It directed that such people should be forthwith released against personal bonds or furnishing of surety as the case may be.
It may be noted that the Supreme Court in a recent case issued similar direction for the release of persons detained in bailable cases. The Supreme Court had called for lists of such detainees to ensure that no detainee be kept in jail for want of bail bonds.
The Commission discussed various law reform proposals and observed that fake and forged deeds with regard to immovable property, i.e. rented property, gift deeds and agreements to sell, are executed in back dates on stamp papers also issued in back dates in connivance with stamp vendors.
In order to eliminate the chances of fraud and forgery by executing deeds in the back dates, the Commission decided that rules may be amended and the stamp papers may be printed with serial numbers and marked with the date of printing and provided to the provincial governments, the treasurers, for selling to the vendors by keeping a record of the serials issued with their dates. This will help in elimination of forgery and fraud and preparation of fake documents with regard to immovable property and curtail the frivolous litigation pending in the court based on these documents.
The Commission also observed that the offence under the Arms Ordinance, 1965, could be tried by the Court of Magistrate. However, when such arm is used in another offence which is tried by the Court of Sessions it creates anomaly and ultimately goes in favour of the accused, if the accused is acquitted by the magistrate he presents the copy of judgment in the Court of Sessions which results either in awarding lesser punishment or acquittal of the accused.
The Commission resolved that the Arms Ordinance 1965 may be amended in such a way that when a case in which an arm has been used is being tried by another court, the case with the Magistrate may also be tried by that court.
The Commission considered the problem of increased litigation in courts on account of defective drafting of deeds. The Commission noted that it happens on account of inadequate qualification and experience of petition writers and conveyancers.
The Commission, therefore, resolved that through an appropriate amendment in the Registration Act, the Inspector General of Registration should be empowered to regulate the work of conveyance writing and only such a conveyancer should be granted licence who fulfilled academic qualifications and requirements therein. Such conveyancers would also be required to undergo periodic refresher courses.
The Commission also approved another amendment in the said Act to prescribe imprisonment of one month and a fine of Rs5,000 to a person who writes deeds without licence or lacks in qualification and experience.
The Commission also approved various amendments in the Motor Vehicle Ordinance.
The Commission took serious notice of the banks imposing-service charges on the deposits of account holders whose deposits fail short of Rs5,000 and also deducting an amount from account holders from the time of closing their accounts. The Commission noted that this is an extra and unnecessary burden imposed on the poor population and tantamount to discouraging people to open bank accounts, particularly workers and farmers, and the people of lower income/groups in the rural areas.
National Judicial Policy Making Committee: The meeting of the Law and Justice Commission of Pakistan was followed by a meeting of the National Judicial (Policy Making) Committee under the Chairmanship of Chief Justice of Pakistan.
The National Judicial Policy Making Committee considered the provisions in the Family Courts Act, 1964 which provides for the appointment of women judges in Family Courts.
The Committee stated that it is statutory obligation of the provincial government to appoint one woman judge of the Family Court in each district. This long-standing obligation has not been fulfilled.—APP
Earlier report on Page 4
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