Know your rights: Litigate your troubles away
Public interest or pro-bono litigation can by initiated by a citizen or group against commissions.
The Supreme Court recently gave some landmark verdicts, asking the government to enforce the citizens’ fundamental rights. PHOTO: FILE
ISLAMABAD:
Taking legal course to settle a dispute is an expensive business in Pakistan. In many cases, some people borrow large sums of money to fight their legal battles or get justice while others just give up.
This week, The Express Tribune will review some laws to see what the courts have done about this. The Supreme Court recently gave some landmark verdicts, asking the government to enforce the citizens’ fundamental rights.
These rulings were meant to ensure and promote peace in a society by teaching human rights at government schools, provide free education, food and better healthcare facilities and religious freedom.
It may amaze some that all this is possible without incurring a big expense during the litigation, thanks to public interest litigation.
Pro-bono litigation
Public interest or pro-bono litigation can by initiated by a citizen or group against commissions or omissions on the part of government authorities which may affect the fundamental rights of an individual or the public.
Article 184(3) of the Constitution allows the Supreme Court of Pakistan to take suo motu notice/action whenever there is a violation of fundamental rights. It reads that “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part- II is involved, have the power to make an order of the nature mentioned in the Article.”
Article 199 of the Constitution which deals with the jurisdiction of the high court, gives the court the power to take notice on an application filed by an individual who may be affected by such commissions or omissions made by the local, provincial and federal authorities, initiate necessary proceedings and subsequently order them to take corrective measures.
For example, last year, a Sindh High Court division bench passed an order on a constitutional petition filed by Advocate Zubair Khaskheli in the public interest. While deciding on the petition, the court ordered the federal and provincial governments to include human rights as a subject in the school curriculum to promote peace in society.
According to the lawyer, hatred had reached new heights in social circles so someone had to take the first step. He said that he had spent nearly a year on this trying to make the authorities wake up and do something. It was decided that the subject would be introduced in the public school curriculum by 2015.
Last September’s ruling can be taken as another example. The SHC ordered local authorities to ensure freedom of movement for the citizens, as guaranteed under the law, is not affected by placing of barricades on the public streets and roads.
The litigation was initiated by another lawyer, Rashid Akhtar Qureshi, when navigating around the city became a hurdle due to road blocks and barriers on the roads.
The Supreme Court through suo motu notices has provided relief to the citizens.
On April 22, the SC constituted four committees, comprising federal and provincial government’s law officers to check the price and availability of flour throughout the country. The committees have made on ground visits.
While hearing a plea against increase in the price of flour, an apex court judge observed that it appears that fundamental rights to life as given in Article 9 and a life of dignity as envisioned under Article 14 of the constitution are not available to a substantial number of citizens throughout the country.
“From their reports, it does appear that fundamental rights to life as given in Article 9 and a life of dignity as envisioned under Article 14 of the Constitution may not be available presently to a substantial number of citizens”, the order says.
The SC bench also rejected the federal government’s data as to how a family comprising two adults and two minors would be able to survive with dignity as per Article 14 of the Constitution in view of minimum wage of an unskilled worker.
Meanwhile, taking up Abdul Sattar Edhi’s plea, the top court has also decided to examine the matter related to the adoption of parentless children (illegitimate kids) as well as the registration of their guardianship.
Similarly, a three-judge bench of the SC in a suo motu case of Peshawar church bombing and the rights of minorities, Chief Justice Tassaduq Hussain Jilani affirmed that the top court will ensure protection of minorities’ rights as it would set guidelines to enforce them and also ask the government to set up a ‘special force’ for the security of minorities.
The CJP said that according to Section 295 of the Pakistan Penal Code, offence against any religion comes under the blasphemy laws.
For the preparation of guidelines on the enforcement of minorities’ rights, Justice Jillani appointed a three-judge bench, headed by himself and comprising Justice Azmat Saeed Shaikh and Justice Mushir Alam. He also appointed Munir A Malik, Khawaja Haris and Hassan Aurangzeb as amicus curiae to assist in the case.
On May 13, the Supreme Court also sought assistance from Attorney General for Pakistan about the matter related to the repatriation of around 300,000 stranded Pakistanis (mostly Biharis) from Bangladesh.
All about the money
The court fees regulated by the Court Fees Act of 1870, show how convenient the British made it for citizens to go to court and seek justice.
The government-fixed rates for filing a property or marriage dispute can cost a petitioner Rs17. Of which Rs15 is for a plaint and Rs2 for an affidavit.
At a high court, a constitutional petition can be filed for Rs100 along with an additional charge of Rs5 for a lawyer to submit the power of attorney and another Rs30 for an affidavit. The review appeal costs half of what one pays for the original petition.
Under the fee act, a constitutional petition can be filed in the Supreme Court for Rs200. However, a review plea costs around Rs15,000.
Published in The Express Tribune, May 28th, 2014.
Taking legal course to settle a dispute is an expensive business in Pakistan. In many cases, some people borrow large sums of money to fight their legal battles or get justice while others just give up.
This week, The Express Tribune will review some laws to see what the courts have done about this. The Supreme Court recently gave some landmark verdicts, asking the government to enforce the citizens’ fundamental rights.
These rulings were meant to ensure and promote peace in a society by teaching human rights at government schools, provide free education, food and better healthcare facilities and religious freedom.
It may amaze some that all this is possible without incurring a big expense during the litigation, thanks to public interest litigation.
Pro-bono litigation
Public interest or pro-bono litigation can by initiated by a citizen or group against commissions or omissions on the part of government authorities which may affect the fundamental rights of an individual or the public.
Article 184(3) of the Constitution allows the Supreme Court of Pakistan to take suo motu notice/action whenever there is a violation of fundamental rights. It reads that “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part- II is involved, have the power to make an order of the nature mentioned in the Article.”
Article 199 of the Constitution which deals with the jurisdiction of the high court, gives the court the power to take notice on an application filed by an individual who may be affected by such commissions or omissions made by the local, provincial and federal authorities, initiate necessary proceedings and subsequently order them to take corrective measures.
For example, last year, a Sindh High Court division bench passed an order on a constitutional petition filed by Advocate Zubair Khaskheli in the public interest. While deciding on the petition, the court ordered the federal and provincial governments to include human rights as a subject in the school curriculum to promote peace in society.
According to the lawyer, hatred had reached new heights in social circles so someone had to take the first step. He said that he had spent nearly a year on this trying to make the authorities wake up and do something. It was decided that the subject would be introduced in the public school curriculum by 2015.
Last September’s ruling can be taken as another example. The SHC ordered local authorities to ensure freedom of movement for the citizens, as guaranteed under the law, is not affected by placing of barricades on the public streets and roads.
The litigation was initiated by another lawyer, Rashid Akhtar Qureshi, when navigating around the city became a hurdle due to road blocks and barriers on the roads.
The Supreme Court through suo motu notices has provided relief to the citizens.
On April 22, the SC constituted four committees, comprising federal and provincial government’s law officers to check the price and availability of flour throughout the country. The committees have made on ground visits.
While hearing a plea against increase in the price of flour, an apex court judge observed that it appears that fundamental rights to life as given in Article 9 and a life of dignity as envisioned under Article 14 of the constitution are not available to a substantial number of citizens throughout the country.
“From their reports, it does appear that fundamental rights to life as given in Article 9 and a life of dignity as envisioned under Article 14 of the Constitution may not be available presently to a substantial number of citizens”, the order says.
The SC bench also rejected the federal government’s data as to how a family comprising two adults and two minors would be able to survive with dignity as per Article 14 of the Constitution in view of minimum wage of an unskilled worker.
Meanwhile, taking up Abdul Sattar Edhi’s plea, the top court has also decided to examine the matter related to the adoption of parentless children (illegitimate kids) as well as the registration of their guardianship.
Similarly, a three-judge bench of the SC in a suo motu case of Peshawar church bombing and the rights of minorities, Chief Justice Tassaduq Hussain Jilani affirmed that the top court will ensure protection of minorities’ rights as it would set guidelines to enforce them and also ask the government to set up a ‘special force’ for the security of minorities.
The CJP said that according to Section 295 of the Pakistan Penal Code, offence against any religion comes under the blasphemy laws.
For the preparation of guidelines on the enforcement of minorities’ rights, Justice Jillani appointed a three-judge bench, headed by himself and comprising Justice Azmat Saeed Shaikh and Justice Mushir Alam. He also appointed Munir A Malik, Khawaja Haris and Hassan Aurangzeb as amicus curiae to assist in the case.
On May 13, the Supreme Court also sought assistance from Attorney General for Pakistan about the matter related to the repatriation of around 300,000 stranded Pakistanis (mostly Biharis) from Bangladesh.
All about the money
The court fees regulated by the Court Fees Act of 1870, show how convenient the British made it for citizens to go to court and seek justice.
The government-fixed rates for filing a property or marriage dispute can cost a petitioner Rs17. Of which Rs15 is for a plaint and Rs2 for an affidavit.
At a high court, a constitutional petition can be filed for Rs100 along with an additional charge of Rs5 for a lawyer to submit the power of attorney and another Rs30 for an affidavit. The review appeal costs half of what one pays for the original petition.
Under the fee act, a constitutional petition can be filed in the Supreme Court for Rs200. However, a review plea costs around Rs15,000.
Published in The Express Tribune, May 28th, 2014.