Senate passes bill to curb frivolous litigation

ISLAMABAD: The Senate on Monday passed the Costs of Litigation Bill, 2016 aimed at empowering courts to impose costs to discourage false and frivolous litigation and unnecessary adjournment.

Minister for Law and Justice Zahid Hamid, who piloted the bill in the House, said thousands of cases were pending before the courts and unnecessary adjournments further led to piling of more cases. He said the bill would help discourage unnecessary adjournments and false and frivolous cases.

The bill was yet another step to provide speedy and inexpensive justice to the people at their doorstep, which was also part of the PML-N’s election manifesto, he added. The statement of objects and reasons states that the tendency of filing false and vexatious cases and taking baseless grounds for defence is unfortunately on the increase.

This tendency leads to numerous evils, including heavy expenditure incurred by the affected parties, causing them financial loss and mental torture, apart from wasting precious time of the courts.

During the session, Minister of State for Information Marriyum Aurangzeb laid before the House ‘The Right of Access to Information Bill 2017’, which was referred by the chair to the standing committee concerned for report.

The bill has been introduced to ensure that the citizens may have the fullest possible access to public records. It is aims at promoting a two way flow of information from the government to the people and vice versa for strengthening and safeguarding the public’s right to know.

The bill recognises that it is an inalienable birth right of an individual and is universally recognised in a democratic dispensation. However, it does not cover the material which may be harmful to national security relations with the friendly countries and privacy of the life home family and honour of the citizens.

The Senate on Monday also unanimously passed the landmark Companies Bill 2017, aimed at giving boost to the national economy and stimulate economic growth. With over 500 clauses, the Companies Bill aims at replacing the Companies Ordinance 1984 in order to consolidate and amend the law, besides encouraging and promoting corporatisation in the country based on best international practices.

The bill will ensure maximum participation of members in decision making process of the company through use of modern electronic means of communication and aims to address the issues relating to protection of interest of minority share holders and creditors.

The statement of object and reasons of the bill says the bill will facilitate growth of economy in general and the corporate sector in particular by providing simplified procedure for ease of starting and doing business and greater protection of investors.

The bill will also provide adequate manners against fraud, money laundering and terrorist financing as necessary provisions have been proposed regarding powers of the Security Exchange Commission of Pakistan to investigate, including joint investigation and provisions requiring officers of a company to take adequate measures to curb such violations.

Among other legislations, the House also passed the Alternate Dispute Resolution (ADR) Bill, 2017. The bill's statement of objects and reasons says: "There is a maxim of law that 'justice delayed is justice denied'. This maxim holds good both in civil and criminal cases.”

It further says there is huge backlog of cases in both subordinate and superior courts of the country. It is, therefore, necessary to find simpler and faster alternates, which can supplement the traditional legal system. As litigation is a very lengthy and expensive process there is a worldwide trend toadopt alternative dispute resolution.

The Senate passed the Pakistan Air Force (Amendment) Bill, 2017 by rejecting an amendment proposed by Farhatullah Babar with majority votes. Some 18 members opposed the amendment while 14 supported it.

The National Commission on the Rights of Child Bill, 2017 – aiming at setting up an independent commission to monitor, protect and promote the rights of the children – smoothly sailed through the Senate.

Separately, the Upper House strongly condemned the brutal murder of 14 workers in Gwadar and Kharan districts of Balochistan.

In a resolution, the Senate deplored the barbaric incident and showed solidarity with the families of the victims. It said such cowardly incidents could not shake the determination and commitment of this nation against terrorism. The Senate also passed a unanimous resolution, strongly condemning the attack on the convoy of Deputy Chairman Abdul Ghafoor Haideri in Mastung. The resolution moved by Talha Mahmood expressed deep grief and sorrow over the loss of precious lives in the incident.