PM’s legal reforms body proposes changes in criminal code

ISLAMABAD: Prime Minister’s Legal Reforms Committee has proposed drastic changes in the Civil and Criminal Procedure Codes for early and inexpensive dispensation of justice to the masses.
PM’s Legal Reforms Committee head Ch Muhammad Ashraf Gujjar, Advocate Supreme Court of Pakistan, has submitted his 144 Pages Report/recommendations to the PM Mian Muhammad Nawaz Sharif, to be included in the “Prime Minister’s Legal Reforms Package”.
The report has comprehensively covered all aspects of the criminal justice system and the affairs of civil cases and has recommended punishments for unnecessary and fake litigants and has also suggested use of modern electronic gadgets while summoning the parties to a case.
In the civil cases, Ch Ashraf Gujjar’s report has suggested that all agreements must be registered through lawyers and unregistered agreements shall be deemed to be void. Fake cases and litigation must be liable to punishment in the form of heavy penalty. Electronic devices must be used to summon parties. The parties filing case shall be bound to provide all the necessary information regarding other parties to the court. The judge must decide on the first date of hearing whether a case is maintainable or not. People obtaining wrong stay orders shall be penalized with minimum fine of Rs 100,000. Case scheduling must be decided in the beginning of the case and its deadlines must be strictly followed. Parties must be penalized for unnecessary delays.
All the related applications in a case could be filed the same day. All cases must be decided within one year of filing. After a decision, the court shall start execution of the degree itself and will not have to file execution petitions afresh. The lawyers shall also file written arguments in the court which shall be part of the case file. The judicial summons and notices must be linked with NADRA and PTA data. More judges should be hired as per burden and population. A judge shall not perform more than one duty at a time and the judges shall also be imparted training for capacity building.
Regarding the criminal cases, the report has proposed that a person lodging fake and fabricated case shall be liable to imprisoned for up to seven years. In business, arbitration and family matters, initial investigation is necessary before lodging of FIR. The policemen found involved in criminal negligence and dishonesty in investigation of a case shall be punished for three years imprisonment.
During the investigation the statements of witnesses shall be recorded timely and on the spot. Cases shall be scheduled at the beginning. The trial shall be conducted on daily basis. Parties found in unnecessary delays shall be punished. The case shall be decided within six months. In view of the ever growing cases of ransom the punishment of ransom shall be enhanced.
The punishments of illegal occupation and criminal trespassing shall also be enhanced. Strict laws shall be made for environment protection. The punishment for cheque dishonour shall be linked with the amount involved. The investigation department of police shall be separated from operational and administrative unit.
Challan of every case shall be submitted within 14 days. The judges, witnesses and prosecutors shall be provided foolproof security. There must be a magistrate for trial of each police station and keeping in view the population new magistrates shall be appointed.
The legal reforms committee was formed by the Prime Minister on December 4, 2014. Ashraf Gujjar told to The News he had thoroughly examined the Pakistan Penal Code and Criminal Procedure Code and special laws like the Anti-Terrorism Act 1997 to remove overlapping provisions and ambiguities and difficulties faced in prosecution.