Senate proposes drastic changes in civil, criminal justice system

ISLAMABAD: The Senate has proposed drastic changes in the civil and criminal justice system of the country to ensure speedy dispensation of justice to the public, and instead of merely proposing changes, the Upper House has decided to legislate on at least eight draft bills containing major reforms in the justice system.

The Senate, while setting a new parliamentary tradition, constituted itself into a Committee of Whole and deliberated on the motion that the House may discuss the steps being taken by the government to provide speedy and inexpensive justice in the country.

According to the report of the Committee of Whole, Senate of Pakistan December 2015, a copy of which is available with The News, changes have been recommended in the Civil Procedure Code, Law Reforms Ordinance 1972, Land Acquisition Act 1894, Criminal Procedure Code, Witness Protection, Security and Benefit Act, Arbitration and Conciliation Act, Supreme Court (Number of Judges) Act, Anti-Terrorism Act.

Regarding the “Civil Justice System, the Senate has proposed that the time limit for filing a written statement specified by the code should be strictly followed which shall not exceed two months. The court must examine orally such of the parties to the suit appearing in person or present in court.

Interrogation, production and inspection of documents are not used frequently. If full use of these provisions is made, unnecessary evidence can be curtailed and trial can be expedited.It shall be mandatory by law for judges to conduct preliminary scrutiny on the very first hearing, as soon as a complaint is placed before a judge.

Pre-trial hearings shall be made mandatory which shall also provide ‘A Case Scheduling Order’ along the lines of Rule 16 of Federal Rules of Civil Procedure in the United States.After filing the complaint, the process fee is not paid for a long time due to which summons to the defendant are not served within time. Rules shall be amended to provide a specific timeline for payment of process fee.

Order XVII of the CPC deals with adjournments needs to be revised. Trial court shall pronounce a judgment within 30 days, failing which strict disciplinary action shall be taken against the judge.

First appeal against the decree or order shall be decided within 45 days. First and/or second appeals by the High Court(s), and the hearing cases before it in its revisional and constitutional jurisdiction shall be decided within 60 days.

Revisions are a great source of delays. No such power exists in the UK and the United States. Revision powers as given in section 115 CPC, 1908, should be altogether abolished. Intra-court appeal within the High Court should be abolished. Let there be direct appeal from order of the High Court to Supreme Court because experience has shown that after going through intra-court appeal 90 percent parties have further approached the Supreme Court. Furthermore, Intra-court appeal takes a longer time to decide because the bench constituted for hearing the intra-court appeal gets often changed while the hearing is still going on.

Provisions of statutes prescribing time frames must be made mandatory by providing consequences of default through a cast-iron statutory opportunity of a one-time extension of time by a judicial order leading expressly to a guillotine, especially in civil matters (while the rights of an accused are not overly prejudiced).

Issues Pertaining to the Land Acquisition: Section 4 of the Land Acquisition shall be suitably amended to provide a timeline of one year for the validity of notification as said notices remain in field for indefinite period of time causing prolonged difficulties and hardships for the common people.

Recommendations to be implemented by the Executive: Number of judges in the district judiciary shall be increased in order to bring rationalisation in the judge case ratio. Office of judicial ombudsman shall be established for providing a forum to litigants for making complaints as to non-adherence of timelines. The Judicial Ombudsman shall send his findings to the concerned chief justice.

Criminal Justice System: (Legislative) Section 173 of the CrPC. shall be amended to ensure timely completion of investigation.

The investigation officer must record the evidences in writing in a timely manner and on the spot, as the case may be (amendment in section 161 of CrPC).The maximum period for concluding a criminal trial should be fixed to be not more than six months in any case.

Appropriate amendments be made in the CrPC to provide for conducting criminal trials on day to day basis without any unnecessary adjournment. Cases be allowed to be adjourned only in exceptional circumstances and for not more than two days and no more than two to three adjournments be allowed during the whole trial.

Section 182 of the Pakistan Penal Code shall be amended to enhance the punishment for giving false information with intent to cause public servant to use his lawful power to the injury of another person.

A new section shall be inserted in the Pakistan Penal Code, 1860, to provide deterrence for registration of false information by a police officer.To be implemented by the government: Number of judges in the district judiciary shall be increased in for rationalisation in the judge case ratio.

The investigation branch should be strengthened. Number of forensic science laboratories should be increased. The courts should not hesitate to make use of Section 167 of PPC which provides for the punishment of a public servant who deliberately prepares an incorrect document or statement.

The case diaries of the investigation should be produced before obtaining remand or its extension.The completion of investigation and submission of challans beyond statutory period is a matter of grave concern which should be treated as inefficiency on the part of station house officer.

It is also required to appoint a station house officer who should be graduate fully trained and well conversant with latest methods of investigation. Timely submission of the challan within 14 days shall be made an integral part of the performance appraisal mechanism for investigation officers and appropriate disciplinary action be taken against such officers who are found to be involved in causing delay.

The government must take immediate steps to provide foolproof security to judges, prosecutors and witnesses, especially in cases of heinous crimes including terrorism cases.Recommendations /proposals to the provinces: Establishment of a special police force for transporting/producing the accused before the courts, as one of the major causes of delays is non-availability of police officials for escorting the accused to the courts. Police laws be reviewed in order to ensure that the said laws enable a politically independent police force necessary to protect fundamental rights and guard against the deprivation of a citizen’s liberty.

Alternate Dispute Resolution: The whole committee of Senate has also emphasised on the need of negotiation, mediation or arbitration, which is today the preferred mode of dispute resolution in the corporate world.Number of Judges of Supreme Court of Pakistan: It has been proposed that the number of judges shall be enhanced to 27.