ISLAMABAD:The National Assembly Standing Committee on Law and Justice on Tuesday directed the Ministry of Law and Justice to submit two-page proposals regarding judicial reforms and asked the procedure to appoint judges in superior judiciary could be improved with in two days.
The NA body, which met here under the Chairmanship of Riaz Fatyana, discussed different agenda items including discussion on judicial reforms, post legislative scrutiny, police reforms and prison reforms.
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.
A representative of the Law Ministry briefed the committee regarding Judicial Reforms, relating to the recruitment of judges at high courts, prescribing the procedure and
pre-qualification for their appointment.
He briefed about the existing procedure for appointment of judges in Superior Judiciary. After detailed deliberations the committee observed that there was a dire need to strengthen the Parliamentary Committee for recruitment of judges.
The committee also observed that the pre-qualification for appointment of judges must include the considerations regarding number of reported cases of the candidates must be mentioned and assets declaration form should also be placed before the committee.
The committee stated that the judges’ appointment committee should also consider how much tax the candidate had paid during last ten years of his/her practice and requirement against vacant post should also be made within specific period of time.
Sana Ullah Masti Khel said judicial reforms were necessary as stereo type policies were useless. He said the whole committee was agreed for judicial reforms, adding that
new laws were introduced but concerned authorities were reluctant to implement old laws.
Bashir Virk said the Parliamentary Committee to appointment judges were given only 15 days to decide the proposals referred by the Judicial Commission of Pakistan and if the committee failed to make a decision in stipulated time, the decision of the JCP would be considered as accepted.
He said if the committee rejected the JCP proposals then the matter again would be referred back to the judicial commission and JCP’s decision would be considered as final.
He said once renowned lawyer SM Zafar had stated that prior to the 18th constitutional amendment, the procedure to appoint judges were appropriate.
The committee considered and approved the Code of Civil Procedure (Amendment) Bill 2021. The bill moved by Syed Javed Hasnain sought to bound to the court to decide the civil suit filed under Section 9 and 54 of the Code 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 by Almighty Allah but unfortunately the women and weal person did not get their proper share even after prolong 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. Most of women and weak persons hesitate to knock at the door for their due right because of slow process, he added.
He said the amendment was need of hour so that women and weak persons and their legal heir could take their right of inheritance and property.