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 Fazal Ilahi Khan, Chief Justice, Federal
Shariat 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; Mr. Abdul Qadir Halepota, Advocate and Minister
for Law & Human Rights, Government of Sindh; Syed Afzal Haider and
Muhammad Aslam Chishti, senior advocates of the Supreme Court and Dr. Faqir
Hussain, Secretary, Pakistan Law Commission.
The Commission considered several items on its agenda and made
recommendations for legal/judicial reform. The Commission approved certain
amendments to the Law Commission Ordinance 1979 thereby assigning some
additional functions to this body for improving the system of administration of
justice and preparing schemes for access to justice, legal aid and protection of
human rights. It further approved the establishment of Access to Justice
Development Fund to be utilized for providing amenities to subordinate courts as
well as the litigant public, improvement of legal and judicial research, training of
judicial officers, improvement in quality of legal education, legal empowerment
including the provision of legal aid/assistance to disadvantage and deprived
sections of the population.
Taking serious notice of increasing complaints and litigation in courts due to
bouncing of cheques in private transactions, the Commission recommended the
addition of a new offence to the Pakistan Penal Code as follows:
“489-F Whoever dishonestly issues a cheque towards re-payment of a loan
or fulfillment of an obligation which is dishonoured on presentation, shall
be punishable with imprisonment which may extend to three years and or
with fine, unless he can establish, for which the burden of proof shall rest
on him, that he had made arrangements with his bank to ensure that the
cheque would be honoured and that the bank was at fault in not honouring
the cheque”.
Further, through a consequential amendment in the Code of Criminal
Procedure such offence will be made cognizable by police, non-bailable
and compoundable.
The Commission further considered the issue of granting right of appeal to the
private complainant and the aggrieved victim against judgment or order of
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acquittal passed by the Special Court under the Anti Terrorism Act, 1997. The
Commission observed that such a right is available under the Code of Criminal
Procedure and should also be made available under the Anti Terrorism Act 1997.
The Commission further took notice of gap in the present legislation and
recommended the addition of a new section to the Pakistan Penal Code as
follows:
“354-B. Molestation with sexual motive.- Whoever with sexual motive
resorts to act of fondling, stroking, caressing, pornography, exhibitionism
or induces or intimidates any person, with or without his knowledge, to
submit for such act shall be punished with imprisonment for a term which
may extend to seven years or with fine or with both”.
The Commission further taking notice of increasing incidents of abuse and
exploitation of children for use as camel jockeys or employment in injurious or
hazardous occupations, recommended the addition of the following section to the
Pakistan Penal Code:
“373-A Trafficking in children for employment in dangerous, hazardous
occupations.- Whoever sells, buys, permits or causes to sell or buy,
removes, exports, traffics in or otherwise disposes of any person under the
age of fourteen years, with intent that such person shall at any stage be
employed, or used as camel jockey or for the purpose which is injurious or
hazardous to life shall be punished with imprisonment for a term which
may extend to seven years or with fine or with both.
Provided that in case of conviction for the offence of camel jockey, such
punishment for imprisonment shall not be less than four years”.
The Commission further examined section 32 of the Code of Criminal Procedure
and recommended three-fold increase in the amounts of fine that can be
awarded by the Judicial Magistrate of the 1 st class, 2nd class and 3rd class.
Similarly, through an amendment to Section 260 (1) of the said Code, the present
sums of 2500 rupees in clauses (d), (e). (f) & (g) would be enhanced to 10,000
rupees.
The Commission examined Section 5 of the Offence of Zina (Enforcement
of Hudood) Ordinance 1979 and stated that under the said law, Hadd
penalty awarded to the convict is subject to confirmation by the Federal
Shariat Court and until then the convict is required to be dealt with in the
manner as if sentenced to simple imprisonment. The Commission
observed that it is improper for prison authorities to confine such convicts
in death cells. Accordingly, the Chief Justices of the High Courts will issue
directions to the Courts of Sessions to pass necessary orders in the
judgments to treat such sentences as simple imprisonment, and further to
provide a copy of such judgments to prison authorities for compliance with
the legal requirement.