ISLAMABAD, Dec 21: The National Judicial Policy Making Committee (NJPMC) on Saturday held the practice of “Vani” (exchange of female as consideration for compounding disputes/offences) against the injunctions of Islam.
A meeting of the NJPMC which was presided over by Chief Justice Sheikh Riaz Ahmed held in the Supreme Court building, took notice of the increasing instances of the tradition of Vani and held that no marriage could be solemnized without the free consent of the parties.
The committee noted that sections 310 and 338-E of the Pakistan Penal Code (PPC) categorically prohibited handing over of a female as a valid Badal-i-Sulh (consideration for compromise).
It also resolved that the chief justices of high courts would issue instructions to all the trial courts as well as appellate courts to strictly follow the provisions of the law and ensure that under no circumstances a female was given as Badal-i-Sulh.
The committee also emphasized the need for an effective enforcement of the Child Marriage Restraint Act 1929, which prohibits marriage of minors and prescribes punishments for those who organize, solemnize or promote such marriages.
The chief justice, who is also the chairman of the NJPMC, emphasized the need for effective planning by the high courts to ensure that the deficiencies in the system, particularly shortage of judges, lack of requisite equipments and dilapidated courtrooms were addressed on a priority basis to improve the overall environment of the courts, to promptly dispense justice and provide speedy relief to the litigant public.
There was a need for greater interaction among the chief justices to secure and consolidate the principles of separation of judiciary and its independence through improved performance of the courts, the chief justice said while speaking at the meeting.
The committee also examined the issue of changing the present nomenclatures of civil judge-cum-magistrate of the first class, second class and third Class, as these names sound somewhat derogatory and do not reflect the decorum and integrity of the court.
The committee decided to study the matter in detail and constitute a sub-committee to examine the issue and present a report before the NJPMC at the earliest.
The committee meeting was attended by Justice Fazal Illahi Khan, Chief Justice of the Federal Shariat Court, Justice Raja Fayyaz Ahmed, Chief Justice of Balochistan High Court, Justice Mian Shakirullah Jan, Chief Justice of Peshawar High Court, Justice Iftikhar Hussain Chaudhry, Chief Justice of Lahore High Court, Justice Sabihuddin Ahmed, Senior Judge of Sindh High Court and Dr Faqir Hussain, Secretary NJPMC.
A separate meeting of Law and Justice Commission of Pakistan was held on Saturday, which was also presided over by the chief justice at the Supreme Court building. The meeting considered the proposal to make the offence of “rioting” compoundable under sections 147 and 148 of the PPC when committed jointly with other compoundable offences. This will help in putting to an end the ordeal faced by people and avoid unnecessary trial proceedings in a court of law.
The commission also approved an amendment to section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, providing for the alternative punishment in addition to the prescribed death penalty, namely imprisonment for life with minimum of four years. It also asked to impose a fine up to Rs100,000, payable to the victim.
The commission suggested amendment after considering an anomaly in the law wherein for the offence of Zina-bil-Jabr (rape) by two or more persons, the only punishment prescribed was death and no alternative punishment was prescribed. The commission noted that death sentence was awarded in cases where complete and sufficient evidence was produced, which was generally rare in rape cases. Therefore, the benefit of doubt goes to the accused. “This is undesirable and the law must also prescribe alternative punishments,” the commission suggested.
Similarly, it considered the rising complaints of hardships and abuse of women while in police custody or on judicial remand and decided that through an appropriate amendment to the Code of Criminal Procedure (CrPC) bail be allowed to women in non-bailable offences, where the punishment prescribed was not more than 10 years.
The commission also considered the problem of business of prize bonds through unauthorized dealers who sell the public “numbers” and thereby deprive the public exchequer of revenue and approved a draft amendment to the PPC to ban such business by prescribing the punishment of seven years rigorous imprisonment and a fine of up to Rs100,000 to those who indulge in this unauthorized business.
It held that the business was unlawful and must be eliminated to save the public from fraud/cheating. It noted that the sale/encashment of prize bonds was regulated through statutory rules and orders of the federal government and such bonds could be purchased/encashed only through the authorized scheduled banks or national savings centres or a post office. It said that no private person or agency could carry out such a business.
The commission also considered the issue of effective enforcement of women right to inheritance. The commission observed that women’s rights to inheritance and their shares in inheritance were prescribed by the Holy Quran, however in practice such right was generally violated. Therefore, there was a need for preparing a comprehensive scheme and strategy to ensure that all legal heirs and in particular women and children do actually receive their stipulated shares of inheritance and were not deprived of it.
The commission decided to seek public opinion on the issue and directed the secretary of the commission to prepare a practical and workable framework in the next meeting of the commission.