Ordinance promulgated to boost judicial transparency under Practice and Procedures Act

Under the new law, a committee will be formed comprising CJP, senior puisne judge and a third senior judge

ISLAMABAD:

Federal Minister for Information, Broadcasting, National Heritage, and Culture, Attaullah Tarar, announced on Friday the promulgation of an ordinance aimed at enhancing transparency in Pakistan’s judicial process. The ordinance, which amends the Practice and Procedures Act, was approved by the federal cabinet and has been enacted by President Asif Ali Zardari.

Speaking to the media, Tarar detailed the key provisions of the ordinance. Under the new regulations, the courts will now adhere strictly to a “first come, first served” principle. This means that cases will be heard in the order they are filed, eliminating any possibility of preferential treatment. "The case that comes first will be taken up first by the court, and the cases coming after will be fixed according to their number," Tarar explained.

A significant change introduced by the ordinance is in the handling of cases under Section 184(3) of the Constitution. Tarar stated that it is now mandatory to document why a particular case is considered a matter of public importance before it is taken up by the court. A formal order must clarify whether the case pertains to public interest or involves human rights issues.

The ordinance also grants the right of appeal for any orders passed by the Supreme Court under Section 184(3). In an effort to make the judicial process more transparent, the ordinance mandates that a complete transcript of the court proceedings, including judges’ remarks and observations, be prepared and made accessible to the public. "This step has been taken to make the judicial process more transparent," Tarar remarked.

Another key feature of the ordinance is the establishment of a committee under the Practice and Procedure Act. The committee will be headed by the Chief Justice of Pakistan, with the puisne judge and a third senior judge serving as members. The Chief Justice will have the discretion to nominate one of the judges of the Supreme Court as a member of this committee as needed. Tarar noted that delays in case hearings had often occurred due to the unavailability of a third committee member in Islamabad, a problem that this ordinance aims to address.

The minister also highlighted a pending petition concerning the review of Article 63-A, which remains unresolved. He urged for a decision, noting the importance of this matter. "Some decision should have come regarding the revision of 63-A as it is an important matter," he said.

Chinese investment

In addition to judicial reforms, Tarar shared significant news regarding foreign investment in Pakistan. He revealed that a leading Chinese investment group, Rui Group, has committed to investing $7 billion to establish textile parks in Pakistan. This investment will be implemented in two phases, with $2 billion allocated for the first phase and $5 billion for the second. The textile parks are planned to be located in the Sindh and Punjab provinces.

According to Tarar, the Rui Group has previously completed the Sahiwal Coal Project under the China-Pakistan Economic Corridor (CPEC) in a record time of 21 months. The group’s new venture will not only establish textile parks but also set up wholesale centres within these parks. The Chinese conglomerate plans to invite more than 100 Chinese companies to set up textile units in the parks.

Tarar emphasised the economic benefits of this investment, stating that the establishment of the textile parks is expected to generate employment opportunities for between 300,000 and 500,000 people in Pakistan. He also highlighted the positive impact on the country’s exports. "Already our exports have increased by 14%, and the current account deficit has reduced," he noted.

The minister also provided further details from a recent meeting between Prime Minister Shehbaz Sharif and the Chairman of Rui Group, during which a memorandum of understanding (MoU) was signed between the Government of Pakistan and Rui Group to formalise the investment plan. The textile parks are expected to significantly boost Pakistan’s textile sector, a key component of the country’s economy.