Speedy justice: Senate body proposes increase in SC judges

Recommends top court strength be increased from 17 to 26.


Qamar Zaman January 11, 2016
Supreme Court. PHOTO: EXPRESS/FILE

ISLAMABAD:


The upper house of the parliament has proposed a substantial increase in the number of Supreme Court judges in order to ensure speedy justice to litigants. The proposal to increase the number of judges from the current 17 to 26 has been floated by the Senate Committee of the Whole House after discussions with stakeholders.


The panel was formed in May 2015 on the basis of a resolution moved by Senator Col (retd) Tahir Mashhadi of the Muttahida Qaumi Movement. The committee has compiled a detailed report and drafts of eight new bills in 11 meetings it has held thus far.

One of the bills seeks to amend the Supreme Court [Number of Judges] Act, 1997. According to the statement of objects and reasons of the bill, many initiatives had been taken in the past to increase the number of judges in district and high courts. “However, the number of judges in the Supreme Court of Pakistan is stagnant since 1997,” it says.



Pakistan’s estimated population is 191.70 million, according to the Economic Survey 2014-15, and the number of judges in the Supreme Court for such a large population is only 17. “This is one of the major causes for delay in dispensation of justice,” it adds.

The Senate has also recommended recourse to Article 177 (2) (b) of the Constitution which allows appointment of an advocate of high court with 15 years of practice as SC judge.

Among other recommendations, the committee has also proposed amendment in the SC Rules 1980 to provide a forum of appeal against judgments passed under Article 184 (3) or suo motu cases. The committee has also suggested that a bench of two should be the practice; however, in rare cases, larger benches be constituted.

Another proposed bill seeks amendments in the Pakistan Penal Code, 1860 and Criminal Procedure 1898 to fix a time of 14 days for investigation from the date of recording of an FIR.

It has also proposed punishment for the police officer who knowingly and falsely registers an FIR for some alleged offence while he has reason to believe no such offence has been committed. Such officials should be punished with an imprisonment of either description which may extend to three years or with a fine which may extend to Rs200,000 or both.

These bills will be introduced during a Senate session starting from today (Monday) as private members’ bills. According to the order of the day, Senator Zaheeruddin Babar is supposed to introduce a constitutional amendment bill. However, the content of the bill are not explained in the agenda.

Pakistan Peoples Party Senator Rubina Khalid and National Party’s Hasil Khan Bizenjo will jointly move a motion to discuss the need for revival of student unions in the educational institutions in the country, particularly in colleges and universities.

Published in The Express Tribune, January 11th, 2016.

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