PTI, Legal Fraternity at odds over Legal Reforms

[Savak]

ISLAMABAD: The reforms proposed by the Pakistan Tehreek-i-Insaf (PTI) government in the criminal justice system became a major bone of contention between the federal government and the legal community, with both sides issuing strongly-worded statements on Thursday.

The law ministry’s amendments to the Code of Criminal Procedure (CrPC), the Qanoon-i-Shahadat (law of evidence), Pakistan Penal Code (PPC) and other relevant laws — approved by the federal cabinet a few days ago — envision a nine-month deadline for the completion of criminal trials; the introduction of plea-bargains and the use of modern tools and technology in the investigation process.

Talking about the long-awaited reforms, Prime Minister Imran Khan said on Thursday that this was an effort to move towards effective dispensation of justice, adding that these reforms would ensure the delivery of speedy justice.

PM Khan said the sweeping amendments would help bring about a “revolution” in the criminal justice system and simplify the procedures for a common man to obtain justice.

However, the Supreme Court Bar Association (SCBA) has rejected the reforms on the basis that the amendments were proposed by the law ministry without consulting all stakeholders.

In a statement, SCBA president Mohammad Ahsan Bhoon lambasted Federal Minister for Law and Justice Farogh Naseem, saying that he had once again shown his lack of knowledge towards law and had “effectively demonstrated his inability, as well as the [lack of] capacity in his team”.

He called for broad-based consultations to make the legal reforms more efficient, resourceful and cost effective.

Replying in kind, the federal government “vehemently” rejected the SCBA stance, saying that the complete draft of the criminal reforms legislation was shared with the Pakistan Bar Council, all provincial bar councils, SCBA and all high court bar associations, adding that all these entities were invited to give their input.

In his own statement, the law minister maintained that to date, none of these entities had given any input. It held that as per an elementary principle of law, silence on the matter implies that they have nothing to add and are happy with document.

According to the government, the proposed reforms seek to provide vulnerable people, especially women and children, quick and easy access to justice.

“Those who are opposing these reforms are not sincere with people of Pakistan, in particular the weaker segments of the society. These so-called critics are either inept or not honest with their own country rather they are favouring the forces of status quo by desiring the existing ineffective system of Criminal Justice to continue in its current shape; where they can easily manipulate the litigants and their fates”, the statement issued by the law minister states.

The ministry claims that these proposed reforms will ensure equal access to justice, irrespective of the social or class disparities.

Salient features

Under the proposed draft, the ministry has proposed a nine-month deadline for criminal trials, making it mandatory for the trial court to offer an explanation to the high court in case it is unable to meet the deadline.

It also proposes the levying of a Rs1 million fine for frivolous complaints and introduces the concept of plea bargains to reduce the judicial backlog. However, this option will not apply to offences carrying death, life or a sentence above seven years. It can also not be invoked in crimes relating to women, children and socio-economic issues.

The draft proposes that all testimonies will be recorded in both audio and video form without the interjection of the trial judge, except in matters of inadmissible evidence or noting their demeanor. The recording is also to be transcribed verbatim in the language in which the evidence is uttered, followed by an English translation.

Restructuring the decades-old police system, it seeks to redefine the definition of ‘officer in charge of police station’, who should be at least a sub inspector with a bachelor’s degree. In major police stations where the case load is high, the SHO should at least be of the rank of assistant superintendent.

Under the new proposal, if an accused absconds, his CNIC and any other documents issued by Nadra, passports, bank cards and bank accounts can be blocked. But in case a proclaimed offender appears in court, the court could order his documentation to be unblocked.

Another salient feature of the law is that the time frame in which investigations are to be completed and a challan has been enhanced from 15 to 45 days.

Detailed protocols for evidence to be recorded through video link have also been prescribed and it is proposed that the location of the video conferencing shall be approved by the court.

The option of recording evidence through video link is suggested for both, witnesses in and outside Pakistan. For the latter, a commission to the court or judge will record the statement where Pakistan has reciprocal arrangements and the commission would be issued to the Pakistan embassy or high commission where there is no reciprocity.

Published in Dawn, January 28th, 2022

Link: https://www.dawn.com/news/1671872/govt-legal-fraternity-at-odds-over-criminal-law-reforms

 

[MenInG]

There is always inertia when reforms are proposed. Anything that changes status quo is looked down upon in Pakistan and the legal fraternity is no different.

 

[Bewal Express]

The legal fraternity are basically a mafia out to scam the public. Infact the whole of law fraternity are generally crooked and its one of the reasons why our justice system is the injustice system out to fleece the poor and protect the rich

 

[Pakpak]

The legal fraternity are basically a mafia out to scam the public. Infact the whole of law fraternity are generally crooked and its one of the reasons why our justice system is the injustice system out to fleece the poor and protect the rich

Spot on. The law amendments actually look fantastic. Our entire judiciary are a bunch of sell out thieves.

 

[Syed1]

In Pakistan there is a mafia for everything.


Introduce merit in hospitals and require doctors to pass certification exams, doctors start protesting.
Introduce compulsory documentation of NIC on transactions over Rs 50,000... traders and retailers start protesting
Introduce legal reforms to do away with archaic British era laws, lawyers start protesting

I can go on and on


Poor Khan has to battle all these mafias by himself then we have shameless nashukaray people who ask what has IK done. These same people will turn around and vote for the biggest crooks then slit wrists at the state of the country.

 

[Savak]

In Pakistan there is a mafia for everything.


Introduce merit in hospitals and require doctors to pass certification exams, doctors start protesting.
Introduce compulsory documentation of NIC on transactions over Rs 50,000... traders and retailers start protesting
Introduce legal reforms to do away with archaic British era laws, lawyers start protesting

I can go on and on


Poor Khan has to battle all these mafias by himself then we have shameless nashukaray people who ask what has IK done. These same people will turn around and vote for the biggest crooks then slit wrists at the state of the country.

Shabbar Zaidi in one of his articles highlighted the number of stay orders he had to face from the courts as FBR Chairman everytime he introduced reforms. No one can help a nation if the people don't want to change for themselves.

 

[MenInG]

Prime Minister Imran Khan on Tuesday chastised the Supreme Court Bar Association for seeking reversal of lifelong disqualification of lawmakers, saying the bar association "should now consider filing a plea to throw open the doors of the jails in the country".

“The SCBA is pleading before the court that a man who looted country’s wealth, got convicted and ran abroad after telling a lie should be given another chance to play a match,” PM Imran said while launching the Naya Pakistan National Health Card scheme in Bahawalpur. PM Imran’s jibe at the SCBA to “strike down the legal hurdles” to help the disposed former prime minister to regain the office came after he first noticed such attempts in December last year when scoffed at it and chalked it up to the “diminishing mores” of the society.

Speaking about it on Tuesday, the prime minister wondered what the rationale was for keeping poor imprisoned “if you can’t find anything wrong with what the man [Nawaz Sharif] did. “The poor have been imprisoned and shouldn’t they be the first one to be released?” he asked. PM then chided the SCBA: “File the next petition asking the courts to open jails in Pakistan.”

“Our fight is with the gang of dacoits,” PM said, “their biggest issue is that they don’t want to see themselves under the law because they want NRO [deal] after they steal but a poor man goes to jail when he commits the same crime.” Referring to a hadith of Prophet Muhammad (PBUH), PM recalled that it was said the downfall of a nation begins when it lets the rich go scot free and punishes the poor.

Revealing that this was the primary reason of the downfall of every poor country, PM reiterated that this was the struggle for which the whole nation fights. “Rule of law doesn’t prevail until the whole nation fights collectively,” he said, saying regardless of what he does if the nation keeps showering rose petals on biggest dacoits then nothing would change.

While referring to Nawaz Sharif’s stay at London, PM Imran said that Sharifs’ were living in properties worth billions of rupees in London. Emphasizing that he knows London well, PM said that London was the most expensive city in the whole Europe and Sharif family’s properties were located at the most expensive area.

Lambasting the former prime minister, Imran said that Sharif helped his sons to flee abroad despite ruling the country thrice, adding when Sharif is asked about properties he takes the plea that his sons should be questioned but they are asked how did they gathered billions of rupees to buy the flats, they out rightly state that they are not citizens of Pakistan.

In his speech, PM said that two leaders who ruled in the past 10 years were frequently discussed by world’s leading media outlets, their names used to appear in the leading newspapers and magazines.

PM Imran said that BBC made two documentaries on these leaders but those documentaries were made to show to the world how they looted country’s wealth and how corrupt they were. “The stories about their corruption would come out every now and then,” PM said. “They were never appreciated for doing anything good for the country.”

Now, PM quipped, it would be made a part of the Guinness Book of World Record how Rs4 billion came in Maqsood Chaprasi [peon] bank account. “The world would definitely wonder how Rs4 billion reached into the bank account of a man working in a sugar mill of Shehbaz Sharif’s son, whose salary was only Rs10,000,” he added.

When you go deeper into such cases, PM Imran maintained, you would come to know why Pakistan couldn’t reach where it should have been despite being blessed with all kinds of the resources. “A factory would face bankruptcy if you appoint a dacoit as its head,” PM said. He shared that the corrupt rulers who siphoned off money abroad were the reason behind every country that remained poorer despite having abundance resources.

“Nations never become poorer because it has dearth of resources,” PM maintained while giving Switzerland’s example, saying the country almost has no resources but it is on top because rule of law prevails in Switzerland. “The rulers there [Switzerland] do not dare to siphoned off money,” he said, adding institutions were strong there and this is where our struggle begins. “Our struggle is to build this country on the rule of law; make it a welfare state that would lift its downtrodden upward,” PM Imran said, reminding that these were the principles upon which Riyasat-e-Madina was built upon. “No one was above the law; everyone was under the law,” he said, adding Pakistan should have been built on these principles.

PM said that the country was now moving towards these objectives, saying Ehsaas programme, Kamyab Jawan Programme and Universal Health Insurance program were taking Pakistan towards a welfare state. He said the Pakistan Tehreek-e-Insaf (PTI) was committed to mitigating the sense of deprivation among the people of South Punjab by ensuring their just share in the development budget and employment opportunities

Imran termed the health coverage facility as a landmark step. “The philosophy behind the health card is in line with the goals of a socio-welfare State of Medina,” Imran said, adding that it would prove a phenomenal step in the improvement of healthcare services. “The Health Card [scheme] is a defining moment to encourage the private sector to join the medical network, especially in rural areas, and create an environment of completion for the public sector hospitals to improve their services.

He said that a massive amount of over Rs400 billion would be spent on health insurance programmes to meet the demands of the growing population. “This programme will also address the problems such as the lack of doctors or paramedics, especially in rural areas.” The National Health Card, providing Rs1 million medical coverage per household annually, will benefit around 10.5 million people belonging to the districts of Rahim Yar Khan, Bahawalpur and Bahawalnagar.

Imran said universal health coverage was available in a few countries across the world, where the government fully covered the medical expenses. In Pakistan, he said, the philosophy behind the health card was in line with the goals of a socio-welfare State of Medina, adding that it would prove a phenomenal step in the improvement of healthcare services.

Meanwhile, the prime minister announced that he would soon visit Bahawalpur in near future regarding the further administrative steps on South Punjab Civil Secretariat in the city. He also dismissed the “unreasonable” criticism of media that called the government as “inefficient”, and said that economic growth of 5.37 despite the pandemic situation could absolutely not be termed as inefficiency.

Chief Minister Punjab Sardar Usman Buzdar said the launch of health card in the Bahawalpur division will raise the number of people and households in the national health programme in Punjab by 65per cent. He said over 100 hospitals had been empanelled in three districts where the patients would be able to avail medical treatment from the public and private hospitals.

By March, he said, the programme would be expanded to 36 districts of Punjab benefiting around 110 million, adding that the Punjab government was contributing billions for the health coverage, especially for cancer patients.

https://tribune.com.pk/story/2341483/pm-imran-lambastes-scba-for-supporting-criminals

 

[the Great Khan]

In Pakistan there is a mafia for everything.


Introduce merit in hospitals and require doctors to pass certification exams, doctors start protesting.
Introduce compulsory documentation of NIC on transactions over Rs 50,000... traders and retailers start protesting
Introduce legal reforms to do away with archaic British era laws, lawyers start protesting

I can go on and on


Poor Khan has to battle all these mafias by himself then we have shameless nashukaray people who ask what has IK done. These same people will turn around and vote for the biggest crooks then slit wrists at the state of the country.

It's what brought the ottoman empire to its knees. Selfish self interest groups that stifle real progress and give their people a chance.

IK needs to hold his nerve and continue on this path.