ISLAMABAD:
The National Judicial Policy Making Committee (NJPMC) has been informed that a total of 82,599 under-trial prisoners (UTPs) are currently detained in various prisons in the country.
The NJPMC met on Wednesday under the chairmanship of the Chief Justice of Pakistan (CJP), Yahya Afridi. Chief justices of all high courts participated in the meeting. Interestingly, Federal Constitutional Court (FCC) Chief Justice Amin-ud-Din Khan is yet to become a part of NJPMC.
During the meeting, the committee was informed that the total number of UTPs across the country is 82,599. Of these, 2,470 are under trial imprisoned for more than three years.
The NJPMC unanimously decided to put UTP cases pending for more than three years on fast-track and ordered courts to decide such cases within three months.
According to the data shared with the committee, a total of 50,780 UTPs are detained in Punjab and 1,609 of them are confined for more than three years. In Sindh, 21,294 UTPs are detained and 708 of them are in jails for more than three years.
A total of 9,007 UTPs are detained in Khyber Pakhtunkhwa (KP), of which 146 have been detained for more than three years. Likewise, 1,518 UTPs are detained in Balochistan jails with only seven imprisoned for more than three years.
To discourage the fake and frivolous cases, the NJPMC constituted a committee headed by the Chief Justice of the Balochistan High Court (BHC) and consisting of the Registrars of all the High Courts to suggest measures to provide a legal framework on the pattern of the Cost of Litigation Act, 2017 enforced in the Islamabad Capital Territory.
The committee may co-opt Supreme Court Justice Miangul Hassan Aurangzeb for this case.
It was informed that the government is in the process of developing a structured complaints mechanism to deal with complaints about non-compliance with the legal requirement to produce arrested persons before a judge within 24 hours, which is expected to be completed within two weeks.
The committee emphasized the need for strict compliance with all legal requirements, which must be observed both in letter and spirit.
It was further decided that the Advocate General of Pakistan (AGP) Mansoor Awan shall keep the committee continuously apprised of the progress and implementation of the framework through periodic updates.
NJPMC appreciates the Islamabad High Court (IHC) for the speedy disposal of high-impact tax cases and expressed satisfaction with the overall compliance of the apex courts’ directions.
The committee decided that each high court must constitute designated benches to hear cases arising under the Recognition and Enforcement (Arbitration Agreement and Foreign Arbitral Awards) Act, 2011.
The NJPMC appreciated the measures taken by the FBR to discourage frivolous litigation, including screening of meritorious appeals and rationalization of appellate practice.
The Committee also appreciated the Pakistan Revenue Automation Limited (PRAL) for the progress made in the development of Litigation Management System (LMS) dashboards on the pattern of SC.
The Committee appreciated all the High Courts in general and the District Judiciary in particular, for exemplary performance in disposal of a large number of cases within the prescribed time limits.
Commending the efforts of the district judiciary to reduce the backlog, the committee unanimously recommended recognition of the best performers among the judicial officers by giving them certificates, souvenirs and consideration for international exposure visits.
The committee was informed that the total number of pending cases in all five high courts is 1,274,780, while 754,006 cases are decided in a year.
The committee praised the progress the IHC has made in promoting prison reform initiatives.
Supreme Court Justices were asked to convene meetings of their respective Provincial Judiciary Committees for a comprehensive review and finalization of the Action Plan on Prison Reforms.
The committee emphasized the importance of coordinated oversight and timely implementation to ensure meaningful and sustainable improvements in prison administration and inmates’ rights, an official statement said.
Meanwhile, the Supreme Judicial Council (SJC) has decided to proceed with three complaints of misconduct filed against senior judges.
A meeting of the SJC was held on Wednesday to deal with 59 complaints. Of these, the SJC ordered the filing of 50 complaints, while six complaints were stayed. However, the council decided to process three complaints further in accordance with the law.
According to a release, the council unanimously decided to postpone the finalization of the draft rules until the next meeting.
For eight complaints, the council was reconstituted with IHC Chief Justice Sardar Muhammad Sarfraz Dogar being replaced with Peshawar High Court (PHC) Chief Justice Syed Muhammad Attique Shah.
These eight complaints are likely related to IHC judges.
Earlier, the Judicial Commission of Pakistan (JCP) also postponed the agenda regarding the appointment of two more judges in the BHC in view of a constitutional issue regarding the appointment of the representative of the Balochistan Bar Council.
Members stressed the need for comprehensive consideration of the issue before proceeding. The first meeting of the JCP (Core Commission) discussed the proposed framework for the formulation of rules for interviews of candidates at the time of their appointment as judges.
After a preliminary discussion, the commission decided to adjourn the agenda to allow members to conduct further in-depth consideration of the proposed legislative framework.
