ISLAMABAD, Feb 14: The Law and Justice Commission of Pakistan approved on Saturday an amendment to section 351 of the Code of Criminal Procedure, 1898, to enable a trial court to summon a person , not initially charged for the offence, but during inquiry of trial was found to be involved in the offence.

However, the commission emphasized that the arrest or detention of such a person could be caused only when his guilt was sufficiently established.

The commission, which met here with Chief Justice of Pakistan Mr Justice Nazim Hussain Siddiqui in the chair, further emphasized that necessary safeguards must be given in the proposed law to ensure that innocent persons were not harassed under the garb of the said enabling provision.

The commission stated that the dignity of man and the right to personal liberty were precious rights and could not be trifled with.

The commission considered and approved amendments to different sections of the CrPC with a view to removing discrepant and redundant provisions.

The meeting approved the sanction of judicial allowance to the judges of the subordinate courts and a percentage of increase in salary as utility charges for the judges and court staff of the subordinate courts.

The commission emphasized that the judges performed arduous responsibilities and should be given emoluments commensurate with their status, responsibilities and family needs. The commission called for the immediate sanction of the said allowance.

Several law reform proposals were on the agenda of the commission to deliberate and recommend to the federal and provincial governments for appropriate reform of laws.

The commission stressed the need to review criminal law to protect citizens from unnecessary harassment of the police which enjoyed limitless discretionary powers.

"Extremely wide discretion is given to the police under different provisions of the CrPC to arrest a person without warrant or order of the magistrate, which are often abused and misused by the police, resulting in the arrest and detention of innocent citizens depriving them of their fundamental rights to personal liberty, dignity and security," the commission observed.

The members expressed the opinion to review the criminal law with a view to put checks and limits on the wide discretionary powers through imposition of personal personalities on the public functionaries concerned.

The commission directed its secretary to prepare an appropriate draft legislation on the suggested lines for the consideration of the commission in its next meeting.

The commission also approved an amendment to section 67 of the Pakistan Penal Code (PPC), 1860, which provides for the alternative punishment of imprisonment in case of default in payment of penalty of fine by the convict.

The commission observed that with the passage of time and devaluation of the currency, the sums of penalty mentioned in the said section had lost correlation with the quantum of imprisonment prescribed.

The commission recommended that the sums should be appropriately enhanced to ensure a correct balance between amount of fine and imprisonment for default.

Taking notice of increasing incidents of customary practice of Vanni/ Swara (giving women in marriage as consideration for compounding disputes or offences), the commission declared this practice as violative of the 1973 Constitution, established international human rights norms and the injunctions of Islam, besides inhuman and degrading to women. Therefore, the practice should be curbed strictly, it said.

The commission again asked its secretary to revise the draft on the lines discussed and present an appropriate draft legislation to be discussed in its next meeting.

The commission stated that necessary amendment should be made to the law providing for the dissolution of marriage, consummated under the custom of Vanni/Swara.

Besides other measures, it may also be explored as to how such marriages be declared as void and liable to dissolution by the family court, the commission stated.

The meeting appreciated that annual reports of all the courts and tribunals, working in Pakistan were being published and that the report of the Supreme Court had already been published, while reports of the Federal Shariat Court, high courts, special courts and administrative tribunals would be published in the next couple of weeks.

The commission expressed the view that the publication of the reports would lead to greater transparency and accountability of the judicial system. Further, the courts would be able to plan for meeting the increasing workload, clear the backlog and ensuring expeditions and inexpensive justice to citizens.

Earlier, the chief justice said the commission was a statutory body of the federal government, which had been given a fairly wide mandate. Systematic and timely reform of the law and judicial administration, the chief justice said, was essential for the development of law and establishment of an efficient system of administration of justice.

This was a vital function of the judiciary, as the third important tier of the state structure, the chief justice said.

The judiciary had to ensure that the mandate of the Constitution was followed by all state functionaries and organs and no institution transgressed its specified limits, he said.

This was an onerous responsibility cast by the Constitution, which the judiciary had to perform, he said, adding that an improved system of administration of justice furnished sound foundation for creating a conducive environment for growth and development through investment, trade and commerce.

The Law Commission meeting was attended by Syed Sharifuddin Pirzada, senior adviser to the prime minister on foreign affairs, law, justice and human rights; Mr Justice Mohammad Nawaz Abbasi, principal secretary, law and justice division; Mr Justice Chaudhry Ejaz Yousaf, Chief Justice, Federal Shariat Court; Mr Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh; Mr Justice Raja Fayyaz Ahmed, Chief Justice, High Court of Balochistan; Mr Justice Mian Shakirullah Jan, Chief Justice, Peshawar High Court; Mr Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court; Mr Makhdoom Ali Khan, Attorney-General for Pakistan; Syed Afzal Haider, Mr Mohammad Aslam Chishti, Mr M. Sardar Khan, senior advocates, Supreme Court and Dr Faqir Hussain, Secretary, Law and Justice Commission of Pakistan.