PHOTO: EXPRESS
“A new concept of spot checks has been proposed where the judge conducting the trial would be able to conduct spot inspections for a just adjudication of the case.
This would not only reduce corruption but also render a more accurate judgement, since nothing beats personal first-hand knowledge of the judge.
“At the same time this will not only lessen unnecessary and protracted litigation but it shall enhance accuracy,” said a written report issued by the ministry – led by Dr Farogh Naseem – regarding its performance in the first 100 days of the new government.
The report revealed that the ministry has recommended several amendments in the law for the expeditious disposal of cases. These amendments are contained in the Civil Procedure (Amendment) Bill, 2018, the Legal Aid and Justice Authority Bill, 2018, the Enforcement of Women’s Property Rights Bill, 2018, the letters of Administration and Succession Certificates Bill 2018, the Whistleblower Protection and Vigilance Commission Bill, 2018, the Service Tribunals (Amendment) Bill, 2018, Mutual Legal Assistance Bill, 2018 and Action Plan for Women and Girls in the Legal System.
Law minister supports SC’s public interest jurisdiction
“A new concept of a two-tier system has been proposed. Two different judges will hear the entire suit. In the 1st tier, the main case would be heard by one judge without interruption till finalisation of the proceedings. Stay and other miscellaneous applications would be heard in the 2nd tier by another judge.”
It said the major cause of delay in civil litigation system is that when a party files a suit accompanied with an injunction/stay application, the main suit does not proceed. The court only then focuses on the stay application which takes many years to decide the stay/injunction.
The ministry recommends amendments to revolutionise the concept of costs, taking into account other prevalent legislation on the point and improving them.
“According to the new concept, the losing side shall pay the winning side cost of litigation along with compulsory ‘adjournment costs’ of Rs5,000 for seeking adjournment as well as ‘special costs’ if any party is found abusing the process of the court through frivolous litigation or by relying on false averments.”
The ministry has proposed several amendments in the Civil Procedure (Amendment) Bill, 2018.
Authority on cards to help poor litigants
The report said under the proposed Whistleblower Protection and Vigilance Commission Bill 2018, a whistleblower could provide information to an independent commission regarding corruption and corrupt practices. Members of the Whistleblower Commission shall be appointed by the government.
The commission, after assessing the information, would forward the same to the relevant authority including the National Accountability Bureau, the Federal Investigation Agency, the Securities and Exchange Commission of Pakistan (SECP) and other federal and provincial anti-corruption departments.
“The commission will become the complainant before the authorities, mentioned above, keeping the identity of the whistleblower confidential with a view to affording protection to the whistleblower,” it said.
The ministry said under the new law the whistleblower will be offered protection from dismissal or removal from office, disciplinary proceedings, threat, intimidation etc. Anonymous whistleblowing, however, shall not be entertained.
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