PESHAWAR: As the strike of lawyers continued for 13th consecutive day on Monday, Peshawar High Court Chief Justice Waqar Ahmad Seth raised question about the fate of scores of civil appeals pending with the high court in case the government defers the enforcement of the recent amendments to the Civil Procedure Code (CPC).

On the call of Khyber Pakhtunkhwa Bar Council the legal fraternity has been observing strike since Jan 8 across the province against certain amendments made by KP Government in the CPC and introducing a new provincial anti-narcotics law.

Lawyers across the province stayed away from proceedings in different courts including Peshawar High Court.

On Monday, while hearing different cases, Chief Justice Waqar Ahmad Seth asked additional advocate general Qaiser Ali Shah about the fate of scores of appeal transferred to the court following the CPC amendments.

Lawyers’ strike enters 13th day

The AAG replied that the government had decided to defer the amendments for three months and had been drafting a bill in that respect.

He said the bill was likely to be tabled in the provincial assembly after it resumed session on Jan 27.

The chief justice observed that after the amendments were made to the CPC, one forum of appeal was abolished and appeal against decision of a civil judge had to be filed before the high court instead of the district judge.

The chief justice observed that following the said amendments scores of appeals pending before the district courts were shifted to the high court.

The court inquired once these amendments were deferred for three months what would be the legal status of these appeals before the high court then.

The bench directed the AAG to take up this issue with the government so that there should be clear position about the pending appeals.

The AAG contended that according to his understanding if these amendments were deferred the pre-amendments position would be restored and thus the district court would be empowered to hear appeals. He added that he would take up the issue with the relevant quarters including the advocate general.

In a meeting of a delegation of lawyers with the provincial law minister on Jan 14, it was decided that the amendments would be deferred for three months and during that period committees of lawyers and government would discuss the issue and decided what sorts of amendments should be made in the CPC.

About the KP Control of Narcotics Substance Act, 2-019, it was decided that in accordance with the suggestions of the lawyers certain changes would be made in that law.

Despite those decisions, a joint meeting of KP Bar Council and representatives of different bar associations decided on Jan 15 to continue with the strike till the tabling of the proposed bill in the assembly.

The government had enacted the KP Code of Civil Procedure (Amendment) Act, 2019, in last October making several important changes to the colonial-era law claiming that it would help provide speedy justice to litigants in civil nature cases.

Similarly, the government also enacted KP Control of Narcotics Substance Act, 2019, through which Control of Narcotics Substance Act, 1997, was repealed within the province to the extent of cultivation, possession, selling, purchasing, delivery and transportation of narcotics.

Published in Dawn, January 21st, 2020