Islamabad
30 March 2002
Press Release
A meeting of the Pakistan Law Commission was held today in the Supreme Court
Building, Islamabad. The meeting was presided over by Justice Sheikh Riaz
Ahmed, Chief Justice of Pakistan and Chairman of the Commission. It was
attended by Justice Qazi Muhammad Farooq, Judge, Supreme Court of Pakistan;
S. Sharifuddin Pirzada, Senoir Advisor to Chief Executive & Senior Advocate,
Supreme Court; Justice Saiyed Saeed Ashhad, Chief Justice, High Court of Sindh;
Justice Raja Fayyaz Ahmed, Chief Justice, High Court of Baluchistan; Justice
Falak Sher, Chief Justice, Lahore High Court; Justice Mian Shakirullah Jan, Chief
Justice, Peshawar High Court; Justice Mansoor Ahmad, Secretary, Ministry of
Law, Justice and Human Rights; Syed Afzal Haider and Muhammad Aslam
Chishti, senior advocates of the Supreme Court; Mr. Abdul Qadir Halepota,
Advocate, High Court and Dr. Faqir Hussain, Secretary, Pakistan Law
Commission.
The
Commission
considered
several
items
on
its
agenda
and
made
recommendations for law reform. The Commission deliberated upon the proposal
to enhance the quantum of punishment of fine prescribed for various offences
under the Pakistan Penal Code and came to the conclusion that the amount of
fines prescribed for various offences were fixed a long time ago, and with the
passage of time and due to inflation have lost the deterrent effect. It therefore
approved the rationalization and enhancement of fines in respect of various
offences. Thus in keeping with the nature, severity and prevalence of the various
offences, the Commission approved that the penalties of fine for some 52 offences
listed in the Pakistan Penal Code should be enhanced.
The Commission also considered the proposal of increasing the pecuniary
jurisdiction of civil judges as well as pecuniary appellate jurisdiction of district
judges. The Commission noted that due to inflation and the rising costs of property
and goods, there has occurred a gradual increase in the valuation of suits. This
phenomenon has resulted in increased pendency in the court of Civil Judge Ist
Class. Similarly, due to the present low level of pecuniary appellate jurisdiction of
District Judge, there has occurred an increase in the pendency of appeals in the
High Courts. The Commission having examined the state of affairs, recommended
appropriate increase in the pecuniary jurisdiction of Civil Judge 2nd Class, Civil
Judge 3rd Class as well as in the pecuniary appellate jurisdiction of District Judge.
The Commission also considered proposals for addition of new offences to the
Pakistan Penal Code, namely, the offence of “molestation” and “trafficking in child
for use as camel jockeys” and agreed that these acts need to be made punishable.
The Commission also observed that there is need for penalizing those who subject
children to child labour, entering the profession of begging or any other abuse or
exploitation of children. The Commission constituted a Committee headed by Syed
Afzal Haider, Member and comprising Mr Abdul Qadir Halepota, Member and
Secretary, Pakistan Law Commission to examine such acts/offences thoroughly
and submit its report for consideration of the Commission in the next meeting. The
Commission also considered the issue of domestic violence as well as sexual
harassment of women and requested the said Committee to prepare draft
legislation for the consideration of the Commission.
The Commission also constituted a Committee headed by the Chief Justice,
Lahore High Court and comprising the Chief Justices of NWFP, Sindh &
Baluchistan High Courts and Secretary, Law & Justice Division, with the task of
reviewing the draft “Law & Justice Commission of Pakistan Ordinance” with a view
to ensuring its provisions in accordance with the constitutional norms and
principles of separation of powers and independence of judiciary. The Committee
was requested to present its report within a month for consideration of the
Commission.
(Habib-ur-Rehman Sheikh )
Deputy Secretary