A senior official in the law ministry told The Express Tribune on Sunday that the government has decided to appoint Mian Abdul Rauf as the first advocate general. A summary has already been sent to the prime minister in this regard.
The official justified creation of the AG office says the capital city is a federating unit under Article 1 of the Constitution with its own separate high court and bar council.
Lawyer Chaudhry Faisal Hussain, however, opposed the move saying the AG’s post only exists in provinces. Before the new post’s creation, the government should have amended Islamabad Bar Council Act 2013, wherein it is mentioned that chairman of the council will be an advocate general.
Islamabad High Court Bar Association President Mohsin Kayani said IHCBA’s election was delayed due to the non-appointment of the AG.
Conference on juvenile justice system
The law ministry is planning to organise a national conference on “Juvenile Justice System (JJS) in Pakistan” on November 12 to elicit suggestions for amendment/enactment of JJS Bill 2014 with specific focus on diversion, placement and social reintegration of children.
Legal expert on child rights in the law ministry Sharafat Ali Chaudhry told The Express Tribune that the ministry is contemplating to amend the Juvenile Justice System Ordinance, 2000, in light of recommendations of the Law and Justice Commission of Pakistan as well as a judgment of Lahore High Court striking off the ordinance from the statute book and asking the Parliament to enact a fresh law after removing all infirmities of the ordinance.
The official states that the purpose of the conference is to discuss and build consensus on establishment of a system of diversion for child delinquents.
In pursuance to the international commitments as well as the enabling provisions in the Constitution, JJSO was promulgated in 2000 as Parliament was not functional due to the proclamation of emergency in October 1999. The JJSO required that separate juvenile courts be established.
A person under the age of 18 years, regardless of gender, has been acknowledged as a ‘child’. Under the ordinance, no child shall be awarded punishment of death, ordered to labour, hand-cuffed or put in fetters.
According to some sections of society, JJSO grants extraordinary favour to juvenile offenders.
A complainant challenged the validity of JJSO before the Lahore High Court on the grounds that special protection and concessionary treatment, especially non-awarding of death penalty under the ordinance, is unconstitutional and discriminatory.
The LHC also held that the ordinance has been introduced without deliberation and is full of infirmities and goes against the provisions of the Constitution. The LHC struck off the ordinance from the statute book considering it unreasonable, unconstitutional and impracticable.
The judgment was a big blow for the existing juvenile justice system. The government challenged the judgment before the Supreme Court and the apex court suspended its operation.
Published in The Express Tribune, November 10th, 2014.
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