Chairman Senate of Pakistan meets Chief Justice of Pakistan and discusses Judicial Reforms

Islamabad, January 24, 2018 (PPI-OT):Mr Raza Rabbani, Hon’ble Chairman Senate of Pakistan met the Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar at Supreme Court of Pakistan today. In the meeting, both the dignitaries discussed the issues of mutual interest relating to judicial reforms especially in context of curtailing delays in the current justice system so as to ensure speedy and expeditious dispensation of justice to public at large. The meeting discussed in detail different aspects to bring the reforms and underlined the need to conduct workshops of experts for judicial reforms so as to get suggestions and input on different issues. The meeting also disused the issue to take concrete measures to update laws.

The Role of Parliamentary Committee constituted under article 175 of the Constitution, for appointment of judges of superior courts also came under discussion. The Hon’ble Chief Justice of Pakistan told the Hon’ble Chairman Senate that he will soon hold a meeting with members of the Parliamentary Committee. The Hon’ble Chief Justice of Pakistan also thanked the Hon’ble Chairman for sparing time and presented a souvenir as a token of respect and gesture of goodwill.

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Chief Justice of Pakistan hears different cases at Lahore and issues directions

Islamabad, January 20, 2018 (PPI-OT):Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar heard different cases today at Supreme Court Branch Registry Lahore and passed following directions:

HUMAN RIGHTS CASE NO.505 OF 2018 regarding action taken by HCJ on the conditions of Government Hospitals of Lahore. Pursuant to order dated 6.1.2018, the Medical Superintends of the public hospitals filed their reports along with affidavits. The same was sent to Ad-hoc Committee of PM and DC for its reply/report.

SUO MOTU CASE NO.1 OF 2010 AND C.M.As.NO.2878-L OF 2017, 1-L, 17-L AND 25-L OF 2018 AND HUMAN RIGHTS CASE NO.27813-P OF 2017 AND C.M.A.NO.3020-L OF 2017

The court was informed that as per the order dated 6.1.2018, the inspection of the Lahore Medical and Dental College has been conducted by the Committee constituted for this purpose and the reports have been submitted, one by Ms. Ayesha Hamid, the Commission of the Court, whereas others by the members of the Committee. Copies of these reports were ordered to be handed over to Mr. Munawar-us-Salam, learned counsel appearing for PAMI and Lahore Medical and Dental College for their response to be filed by 22.1.2018. The reports along with the replies were sent to Ad-hoc Committee of PM and DC for their opinion.

Moreover vide order dated 6.1.2018, the court had directed all the private medical colleges in Pakistan, particularly in Punjab, to provide a list of all those candidates who had applied, finalized and finally been admitted to their respective colleges along with the merit list. Pursuant to the said order, PAMI submitted reports on behalf of Rawal Institute of Health Sciences, Islamabad, HBS Medical and Dental College, Islamabad and Islamabad Medical and Dental College, Islamabad. The remaining medical colleges have been directed to do the needful positively within a period of one week.

C.M.A.No.1-L/2018:

It is directed by Court that a copy of this application be provided to Mr. Ashfaq Bhullar, learned counsel for PAMI so that he can obtain and file comments on behalf of Multan Medical and Dental College, Multan and Bakhtawar Amin Medical and Dental College, Multan.

C.M.A.No.26-L/2018:

Mr. Munawar-us-Salam, learned ASC filed reply to the report submitted by LDA. According to him the matter of regularization/conversion of the building is under consideration by the LDA. The court directed that the same be done in accordance with law.

C.M.A.No.24-L/2018:

With regard to the issue of illegal Marriage Halls/Marquees, the court was informed by the learned counsel for LDA that the notices have been issued to all the Marriage Halls/Marquees highlighting the violations. Mr. Aitezaz Ahsan, learned Sr. ASC appeared before the Court and submitted that the LDA rules provide that the minimum area for a marriage hall must not be less than 4 kanals and for marquees must not be less than 8 kanals which is highly unreasonable because there are certain areas in Lahore where due to heavy urbanization no space is available as such it is not possible to acquire 4 kanals of land for the purpose of a Marriage Hall. The court directed the Director General, LDA to consider this aspect of the matter and adjourned the case for tomorrow 21.1.2018 (Sunday).

CIVIL MISC. APPLICATION NO.1864 OF 2010 IN CONSTITUTION PETITION NO.9 OF 2005 AND CONSTITUTION PETITION NO.134 OF AND CIVIL MISC. APPLICATIONS NO.5325 OF 2013, 1939 OF 2014 AND 5959 OF 2016

M/s Hamid Khan, Anwar Kamal, Ahsan Bhoon and Azam Nazir Tarar, learned counsel pointed out certain irregularities in the legal education system which include non-availability of infrastructure, fake faculty, attendance of students, admission of students having 3rd division as well as failure of the Universities to supervise the affiliated law colleges. It was further informed that the committees are required to be constituted in other provinces on the lines it has been constituted in the province of Punjab. They were directed to provide a list of nominees to be included in the committees.

Furthermore, Vice Chancellor, Punjab University submitted that there are 35 law colleges affiliated with the university. According to him the requirements for affiliation include availability of library, computer lab with at least 50 computers not more than five years old, campus having at least 2000 sq. yards of area with minimum of three classrooms with capacity of 100 students and at least moot-room. Surprise visit of the affiliated colleges has been made once a year.

However, it was highlighted by Mr. Anwar Kamal, learned Sr. ASC that there is only one Inspection Committee of the University for inspecting all the affiliated colleges in all disciplines which is insufficient to have proper inspection. In view of the above, the court directed that all the Universities in Pakistan which are entitled to grant affiliation to any Law College are prohibited to do so from today i.e. 20.1.2018.

The court also directed that all the Vice Chancellors of the respective Universities, present in Court, to submit the particulars and details of the faculty of the respective colleges affiliated with them, to provide the particulars in writing whether the requirements of affiliation as mandated by Pakistan Bar Council are fulfilled or not, and the teaching staff remains available all the times with the Universities or not. The Court observed that the information must be supported by affidavits on oath to be submitted by the Vice Chancellors, who were cautioned that in case the affidavits were found to be either false or deficient in any manner, strict action shall be taken against them as mandated in the law.

They (Vice Chancellors of the respective Universities) must also provide the information as to how many colleges affiliated with the Universities are permanent or on provisional basis. This must be done within a period of 10 days from today .The affidavits and particulars/information submitted by the Vice Chancellors shall be bounded in the shape of paper-book and a copy whereof shall be provided to Mr. Hamid Khan, learned Sr. ASC for making his recommendations after considering the same. The case was adjourned for tomorrow 21.1.2018 (Sunday).

CIVIL PETITION NO.2374-L OF 2016, C.M.As.NO.3580-L and 2702-L OF 2016, 554-L and 961-L OF 2017 AND 30-L OF 2018, SUO MOTU CASE NO.4 OF 2017 AND HUMAN RIGHTS CASES NO.4412 AND 11066-G OF 2017 AND C.M.A.NO.3-L OF 2018

Water: Mr. Noor-ul-Amin Mengal, D.G., PFA appeared and stated that about 150 samples were taken from different companies of bottled water and sent to PSCIR and about 24 reports have been received , mostly showing that the water is not fit for human consumption. As such the concerned filtration plants have been sealed. The court directed, let a complete report be filed.

Sewerage Waste: Chief Secretary, Punjab admitted that most of the sewerage water of Lahore is flowing into Ravi River without any treatment. However, six treatment plants shall be installed at various places and working in this regard is going on.

Hospital Waste: Ms. Ayesha Hamid, learned ASC submitted that there are some discrepancies in the report submitted by Secretary, EPA with regard to the incinerators installed in the public sector hospitals for disposal of hospital waste. Secretary Health, Punjab submitted that the process of installation of state of art multifunctional incinerator plant is under way which shall be completed in future. Secretary EPA was directed to submit fresh report in this regard.

Air pollution: Secretary EPA was directed to measure the level of pollution at six different locations of Lahore city and submit a report in this regard.

The bench headed by Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar will also hear Zainab Murder Case tomorrow 21.1.2018 (Sunday) along with other cases.

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Chief Justice of Pakistan holds meeting with Adhoc Committee of Pakistan Medical and Dental Council

Islamabad, January 18, 2018 (PPI-OT):Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar held a meeting with Adhoc Committee of Pakistan Medical and Dental Council (PM and DC) which was attended by the members of the committee headed by Chairman of the committee Hon’ble Mr. Justice (R) Mian Shakirullah Jan. This meeting was held in the backdrop of HCJ’s passions for provision of good health services to the nation through public hospitals and to boost the standard of Medical education in Pakistan.

Showing his concern on the issue and giving them a visionary guideline, the Hon’ble Chief Justice of Pakistan stressed that the initiative is meant to ensure merit, transparency, uniformity and honesty of purpose so that both the health sector and medical education are improved in order to provide quality health facilities in the country and to produce qualified doctors to cater the future medical needs of the country.

“It is a noble cause for sake of our posterity, therefore, it is high time to deliver, as it was payback time. Better health facilities and standard medical education and the right to life being fundamental rights as enshrined in the Constitution were inexorably intertwined”, he said. Hon’ble Chief Justice of Pakistan stressed upon the Committee to do their duty wholeheartedly and not be influenced by anyone.

The Committee discussed in detail different issues and suggested ways and means to achieve the objectives. They thanked Hon’ble Chief Justice of Pakistan for showing his concern on this grave national issue and assured to take every possible effort to accomplish the goal and to deliver to nation.

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Chief Justice of Pakistan takes notice of dual citizenship of civil servants and judges and calls reports from All Registrars and Secretary Establishment Division

Islamabad, January 17, 2018 (PPI-OT):The Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar has taken notice of dual citizenship/nationality of civil servants, judges of superior courts and district judiciary. The notice was taken during the hearing of a service matter case in the Court.

Taking notice of the issue, the Hon’ble Chief Justice of Pakistan has directed Secretary Establishment Division, Government of Pakistan to submit a detailed report containing the names of dual national Civil Servants from BPS-17 to BPS-22 within 15 days. His lordship has also directed Registrar, Supreme Court, Federal Shariat Court and all the Registrars of High Courts to submit a list of dual national Judges of superior courts and District Judiciary (if any) within 15 days.

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Chinese Ambassador to Pakistan calls on Chief Justice of Pakistan

Islamabad, January 16, 2018 (PPI-OT):Mr. Yao Jing, Chinese Ambassador to Pakistan called on the Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar in his chambers today after assumption of office. He briefed his lordship on the bilateral relationship of Pakistan and China especially in connection with China-Pakistan Economic Corridor (CPEC). He also extended an invitation on behalf of Peoples Court of China to Hon’ble Chief Justice of Pakistan to visit China during Shanghai Cooperation Organisation (SCO) conference for which formal request will be extended to Hon’ble Chief Justice through the Pakistan Embassy. The Ambassador thanked the Hon’ble Chief Justice of Pakistan for sparing his time to meet him.

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Chief Justice of Pakistan chairs meeting regarding process in cases filed in Supreme Court of Pakistan

Islamabad, January 16, 2018 (PPI-OT):In continuation of Chief Justices Conference held in Karachi on 13.01.2018, on Judicial Reforms, the Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar called a meeting of all the Registrars of Provincial High Courts and Islamabad and Inspectors General of Police of all Provinces and Islamabad today at Supreme Court of Pakistan Islamabad to discuss the issue of improper process service that causes inordinate delay in dispensation of justice. The meeting also attended by Registrar and other senior officers of the Court.

Talking to the participants on issue of delay in process service, the Hon’ble Chief Justice of Pakistan said that most of the processes need to be corrected. He emphasized upon the need of improvements in the system through application of modern technology, so that prompt relief can be granted to aggrieved people. His lordship asked them to take concrete efforts to bring the house in order and emphasized that if service is delayed in future, strict action will be taken against the delinquents.

His lordship also informed them that most criminal cases suffer on account of faulty investigation by Police and weak prosecution, therefore, he directed for measures to impart training to improve the standard of investigation and prosecution. The meeting discussed in detail the different issues regarding process service that includes conflicting service reports, illegible service reports, delay in submission of record, illegible FIR etc. The Hon’ble Chief Justice resolved to take every step in order to address the issues of delay in Court cases.

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CJP Justice Mian Saqib Nisar chairs meeting of National Judicial (Policy Making) Committee

Islamabad, January 13, 2018 (PPI-OT):A meeting of National Judicial (Policy Making) Committee (NJPMC) was held today under the Chairmanship of Hon’ble Mr. Justice Mian Saqib Nisar, Chief Justice of Pakistan / Chairman NJPMC at the Supreme Court Branch Registry, Karachi. The meeting was attended by Hon’ble members NJPMC including Hon’ble Chief Justice, Federal Shariat Court Justice Sheikh Najamul Hassan, Hon’ble Chief Justices of the Provincial High Courts which includes Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Ahmed Ali M. Sheikh, Mr. Justice Yahya Afridi, Mr. Justice Mir Muhammad Noor Meskanazai and Chief Justice Islamabad High Court Mr. Justice Muhammad Anwar Khan Kasi. Hon’ble Justices of the Supreme Court of Pakistan Mr. Justice Faisal Arab and Syed Sajjad Ali Shah and Hon’ble Justice (Retired) Mian Shakirullah Jan, Member Law and Justice Commission of Pakistan attended the meeting on special invitation.

Secretary Law and Justice Commission and NJPMC Dr. Muhammad Raheem Awan also attended the meeting and presented the reports on agenda items. It is worth mentioning here that first time male and female representative judges from the district from all provinces and ICT have been invited to attend the NJPMC meeting to share the ideas and experience of district judiciary with this highest forum. The learned judges of the district judiciary highly appreciated on being invited and said that this has increased their confidence and boosted their enthusiasm to work shoulder by shoulder with the superior judiciary to provide speedy and quality justice to the people of Pakistan.

In his opening remarks the Hon’ble Chairman NJPMC said that the purpose of the meeting is to introduce reforms in the judicial sector for provision of quick justice to the people of Pakistan. The commission examined the reports highlighting the reasons of delay in disposal of civil and criminal cases. The Hon’ble Chairman emphasized that judicial officers should use all their expertise with full dedication to address the problem of backlog and delay in disposal of the cases in accordance with law. Moreover, good speaking and legally correct decisions at the trial court level will also reduce the load upon appellate courts to a large extent.

The Hon’ble Chairman NJPMC urge the Hon’ble Chief Justices to grasp the reasons for delay in the subordinate courts and advised that such reasons should be resolved by using all the available resources. He emphasized that disputes of the general public could also be resolved in a timely and cost efficient manner through recourse to Alternate Dispute Resolution methodologies.

The Hon’ble Chairman NJPMC stated that current laws are not compatible with today’s needs and require amendments. He further stated that he is of firm view that the parliament is supreme legislative body hence legislation is not the prerogative of the judiciary and the responsibility to make the law more effective rests with the parliament. However, the judiciary could strive to dispense the justice by playing its role provided in the constitution.

He further stated that although the courts are overburdened for example for the population of 62000 in Punjab and Khyber Pakhtunkhwa, only one judge is available. Similarly, in the Lahore high court, only one judge is available for 2.2 million people. Similarly, in Punjab, a single judge has a case load of more than 660 cases which shows that judiciary is doing its best for dispensation of the justice despite of heavy caseload and the courts are endeavoured to resolve the issues of delays within its existing limited resources.

The committee also examined the reports related to submission and approval of challan by the police and prosecution within statutory periods which is main cause of backlog and delay in criminal cases. The committee also emphasized on need that investigating and prosecuting agencies should improve their standards so that no one could be let free because of their performance and for which the judiciary is blamed. Moreover standard forensic laboratories should be setup throughout the country.

The Hon’ble Chairman/Chief Justice of Pakistan Mian Saqib Nisar stressed upon the Hon’ble Provincial Chief Justices to upgrade the judicial academies for training of judges and publication of bench books for the judges for readily referring to basic principles of civil and criminal law. He also emphasized the need of formation of expert courts/special dedicated courts which could adjudicate specific type of cases such as rent/family/ child care etc. in accordance with law.

The Hon’ble Chairman NJPMC stated that as per decision of the August Supreme Court of Pakistan, the District Judiciary should pass judgments within thirty days. The NJPMC also examined the importance of the role information technology in legal arena and Hon’ble highlighted the need of modern technology in court processes and stated that the Lahore High Court has adopted very useful information technology in its court working which could be used by other courts as model which may be instrumental in providing relief to general public. He also emphasized the usefulness of bench bar liaison.

The Secretary Law and Justice Commission of Pakistan Dr. Muhammad Raheem Awan presented reports highlighting the latest institution, pendency and disposal status of cases in Superior Judiciary and District Judiciary. The Chairman NJPMC informed that for improving process serving, the Supreme Court of Pakistan has called a meeting of Inspector General’s of Police and desired that Secretary NJPMC may propose suggestions for improvements in the process serving.

The Hon’ble Chairman NJPMC observed that the national judicial automation committee may submit proposals for improvement of automation of judiciary. The Secretary of the Commission Dr. Raheem Awan informed to the Hon’ble Chief Justice that the National Judicial Automation Committee’s meeting has already been called for 27th January in which these directions will be considered.

The Hon’ble Chairman NJPMC also advised that the cases in which stay orders have been given should be decided within six months. He also desired that the high courts may submit proposals for effective mechanism regarding process of execution of decrees which will be presented in the next meeting of NJPMC. Similarly, proposals for devising a mechanism for quick disposal of rent and succession cases may be submitted by the high courts in the next NJPMC meeting which will be conducted within one month.

The Hon’ble Chairman NJPMC also directed that the Secretary NJPMC may convene a meeting of presiding officers of administrative tribunals/special courts posted throughout the country. The said meeting may be attended by the Chief Justices of provincial high courts and Islamabad high court. The high courts may provide the LJCP Secretariat with the last six months performance reports of the aforesaid administrative tribunals/special courts.

The Hon’ble Chief Justice Lahore High Court gave a presentation on judicial reforms initiated in the Lahore High Court, District Judiciary and Judicial Academy. He presented reform initiatives in various sectors including installation of Enterprise System in which rules based case scheduling, online hearings and case proceedings, copy and dispatch of physical documents, Hon’ble judges workbench and court performance analytics and dashboards and which processes are very useful in delay reduction.

He also presented statistics about pendency in various High Courts and District Judiciaries. In the presentation, he also showed that the case per judge ratio is highest in the Lahore High Court. He also presented statistics about expeditious disposal of cases through ADR and through establishment of model courts in Punjab. He informed that facilitation centers/sahulat centers have also been set up for relief of general public.

He also informed that grievances of overseas Pakistanis are being decided within six months in Punjab province. He further informed that Helpline, SMS alerts, CCTV cameras, web portal, mobile apps have also been setup for the general public. He also informed that case management plan has been introduced in the district judiciary and special courts have been setup on the basis of case categorization besides courts for children.

The Hon’ble Chief Justice Peshawar High Court also gave a presentation on the Legal Reforms and Innovations, Planning Strategies, Business processes improvement and Facilitation and Consultation in the Peshawar High Court. He informed that Peshawar High Court has recommended a number of recommendations in the criminal and civil procedure code regarding expeditious disposal. Moreover, a large number of innovative administrative measures, capacity building programs and planning and development strategies have been introduced.

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