ISLAMABAD:The National Assembly Standing Committee on Law and Justice Tuesday directed the Ministry of Law and Justice to submit proposals within two days regarding judicial reforms and sought the improved procedure for appointment of judges in superior judiciary.
The NA body, which met under the chairmanship of Riaz Fatyana, took up different agenda items including discussion on judicial reforms, post-legislative scrutiny, police reforms and prison reforms.
A representative of the Law Ministry briefed the committee about judicial reforms, procedure for recruitment and pre-qualification requirements of high courts judges.
He briefed about the current procedure for appointment of judges in superior judiciary. The committee, after detailed deliberations, observed that there was a need to strengthen the Parliamentary Committee on Appointment of Judges.
The NA body also observed that the pre-qualifications for appointment of judges must include number of reported cases and assets declaration form, in addition to
tax payment for the last 10 years of his/her practice and requirement against vacant posts in specific period of time.
Sana Ullah Masti Khel said judicial reforms were necessary as ad-hoc policies were non-productive. He said the entire committee was unanimous for judicial reforms. He pointed out that new laws were introduced but there was a need to take practical steps for implementation.
Bashir Virk said the Parliamentary Committee had only 15 days to decide the proposals, referred by the Judicial Commission of Pakistan and the JCP recommendations would be deemed final, in case the committee failed to make a decision in stipulated time.
He said if the committee rejected the JCP proposals, then the matter would be referred back, and JCP will have the option to make a final decision.
He said senior lawyer SM Zafar had once stated that the procedure to appoint judges were appropriate, prior to the 18th Constitutional Amendment.
The committee considered and approved the Code of Civil Procedure (Amendment) Bill 2021. The bill moved by Syed Javed Hasnain sought to be binding for the court to decide the civil suit, filed under Section 9 and 54, within one year.
In terms of Section 33 of the Code of Civil Procedure, 1908 (Act V of 1908), the court after the case has been heard, should pronounce judgment within one year of the final hearing.
Mover Javed Hasnain said that the inheritance right had been determined/ordained by Almighty Allah but unfortunately women and weak person did not get proper share even after prolonged judicial proceedings.
He said the recent judgment of the Supreme Court regarding the decision in civil/inheritance case was an eye-penning i.e. the decision after 100 years. Many women and weak persons hesitated to approach the court due to slow process, he added.
He said the amendment was need of hour so that women and weak persons and their legal heirs could take their right of inheritance and property.
The committee members including Members National Assembly Lal Chand, Muhammad Farooq Azam Malik. Ms Kishwer Zehra, Muhammad Sana Ullah Khan Masti Khel, Junaid Akbar, Ms Shunila Ruth, Ch Mehmood Bashir Virk, Usman Ibrahim, Mohsin Nawaz Ranjha, Qadir Khan MAndokhail, Syed Naveed Qamar and Ms Aliya Kamran attend the meeting.