CJP Gulzar Ahmed asks govt to review, implement LJCP reports swiftly

ISLAMABAD: Chief Justice Gulzar Ahmed Thursday showed his concerns over weak implementation status of reports of the Law and Justice Commission of Pakistan (LJCP) and recommendations for amending various laws. He emphasised that the federal government should consider measures for expeditious process to review and implement the Commission reports.

The CJ directed the Attorney General for Pakistan to take up the matter with the government to expedite the process of implementation of reports. An LJCP meeting was held at the committee room of the Supreme Court of Pakistan building here on Thursday, with Chief Justice Gulzar Ahmed in the chair as the chairman of the Commission.

Justice Mushir Alam, SC senior puisne judge and Justice Umar Ata Bandial attended the meeting on special invitation through video-link. The LJCP secretary informed the meeting that the Commission was providing its technical, secretarial and research-based support to various committees, working in liaison with the Supreme Court of Pakistan i.e. Police Reforms Committee and National Judicial Automation Committee.

The meeting was informed that the LJCP also collects data from prisons, courts, special courts, juvenile courts, public complaint redress centres of police, district assessment committees of police and district legal empowerment committees for the purpose of analysis, for future references and research.

The meeting was informed that the LJCP released funding to all high courts for improvement in court facilities and to district legal empowerment committees for free legal aid in 124 districts. Funding has also been provided to the Federal Judicial Academy for training activities. The LJCP also provided help to high courts and judicial academies in finalisation of project proposals for efficient utilisation of funds. Alongside, the LJCP, through an amendment in the ordinance, included provincial judicial academies and Islamabad High Court in the AJDF allocation of funding.

The meeting was told that the chairman and the members of the Commission might take notice of non-availability and shortage of staff at the LJCP Secretariat to improve the working of the Commission as provided in the LJCP Ordinance 1979.

The CJ said the LJCP secretary might approach Ishrat Hussain, the special assistant of prime minister on austerity to get benefits from his expertise for restructuring of the LJCP Secretariat.

The house constituted a committee, headed by Justice Umar Ata Bandial, to review the process of restructuring of LJCP through Dr Ishrat Hussain, whereas the LJCP secretary, along with the research wing, would provide assistance to the committee for the purpose.

Justice Jamal Khan Mandokhail, Chief Justice Balochistan High Court, recommended that the workload of LJCP might be reduced by devolving some functions at provincial level. Lahore High Court Chief Justice Muhammad Qasim Khan said that after the 18th Amendment, a number of laws had been devolved to the provincial governments; hence there was a need to establish an independent provincial law commission to perform legal research on provincial legislation. The suggestion was supported by various participants.

The house also considered the amendments proposed in the AJDF rules. Justice Qaiser Rashid Khan, chief justice-designate Peshawar High Court, Justice Jamal Khan Mandokhail, chief justice Balochistan High Court, recommended for reconsideration of allocated share and release of funds under the AJDF to high courts for smooth utilisation.

To review the AJDF rules, the house constituted a committee under the supervision of Justice Umar Atta Bandial, with the direction that the LJCP secretary would assist the committee in this regard.

With regard to preparation of law reform proposals, Justice Athar Minallah, chief justice Islamabad High Court, recommended that the LJCP might also consider whilst selecting the research papers for law proposals the judgments of superior courts that might be set as a basic criterion for legislative reforms.

The house unanimously resolved that the research proposals on legislative reforms be referred to a committee, headed by Justice Mansoor Ali Shah, judge Supreme Court of Pakistan, for further review. This committee would submit its report before the next meeting of the LJCP which is likely to be held after three months.

Upon recommendations of Justice Mushir Alam, the house resolved to invite the chief justices of Supreme Court and High Court of Azad Jammu and Kashmir, and Chief Justice of Gilgit-Baltistan’s Chief Court and Supreme Appellate Court on special invitation in the upcoming meetings.

The meeting was also participated by other members of the LJCP including Khalid Jawed Khan, Attorney General for Pakistan, Justice Muhammad Noor Miskanzai, Chief Justice Federal Shariat Court, Justice Ahmed Ali M Shaikh, Chief Justice Sindh High Court, and former SC judges Mian Shakirullah Jan, Arif Hussain Khilji, Sair Ali, and Mian Abdul Rauf, advocate Supreme Court of Pakistan.