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June 15, 2014

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Dependent parents entitled to maintenance from children

Dependent parents entitled to maintenance from children
LAHORE: The Law and Justice Commission of Pakistan (LJCP) has recommended amendments to the Code of Criminal Procedure (CrPC) to restrict the police/law enforcers from causing injury or death to a person being arrested unless there is a strong threat to the life of the officer making the arrest.
It also recommended an amendment to the CrPC to make it compulsory for the police to inform a person about the grounds of his/her arrest. The commission recommended these amendments in its meeting held on Saturday at the Supreme Court Registry, Lahore. Chief Justice Tassaduq Hussain Jillani chaired the meeting.
The proposed amendment to Section 46 of CrPC 1898 with the addition of new sub-section (4) says the police officer or other person making an arrest shall not use any means which may cause death or grievous bodily injury to the person being arrested, unless there is probable cause to believe that the person to be arrested poses an imminent threat of causing death or grievous bodily injury either to the police officer or any person making the arrest.
The proposed addition of a new Section 54-A in the CrPC says every person, upon arrest, by a police officer, shall be informed of the grounds of his arrest.
The commission also approved a law reform proposal by the addition of the new section 9-A in the Muslim Family Laws Ordinance, 1961, and recommended that a parent who is unable to maintain himself shall be entitled to claim maintenance from his children.
It further proposed amendments to Sections 91 and 92 of the Code of Civil Procedure, 1908, and recommended that suits in respect of public nuisance and public charities may be brought by two or more persons with the leave of the court in addition to being brought by the advocate general.
The commission also recommended that suits under a Fatal Accident Act, 1855 shall be brought for the benefit of legal heirs of the deceased; the same may be awarded with interim compensation and the cases under the said law shall be decided within a period of six months. Besides members of the commission, the National Commission on the Status of Women Chairperson Ms. Khawar Mumtaz and a senior advocate Abid Hassan Minto also attended the meeting.
APP adds: The LJCP approved the Law Reform Proposals regarding amendments to Rule 4 of the Dowry and Bridal Gifts (Restriction) Rules, 1976, to the effect that the parties have an option to attach the list of dowry articles, presents and gifts with the Nikahnama.
The commission also approved the law reform proposals by amending the Fatal Accident Act, 1855 and recommended that suits under the said law shall be brought for the benefit of the legal heirs of the deceased, the same may be awarded with interim compensation and the cases under the said law shall be decided within a period of six months.
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