RECORDER REPORT

ISLAMABAD: Chief Justice Asif Saeed Khan Khosa has stated that no stone would be left unturned in providing expeditious justice to the general public, which is also a constitutional requirement.

He said Model Courts have also been established throughout the country, and this initiative has been proved successful with respect to providing speedy disposal of cases.

The CJP was chairing National Judicial (Policy Making) Committee (NJPMC) meeting here at the Committee Room of the Supreme Court on Monday. The meeting was attended by the members of the NJPMC including chief justices of high courts, Federal Shariat Court, Director General Monitoring Cell/District and Sessions Judge, Islamabad, Director General Federal Judicial Academy (FJA), Islamabad, representative of the Asian Development Bank (ADB), and executive director Group Development Pakistan (GDP).

Director General FJA Hayat Ali Shah presented the Expeditious Justice Initiative-II (EJI-II) regarding strategy for establishment of the Model Civil Appellate Courts (MCAC) and the Expeditious Justice Initiative-III (EJI-III) regarding strategy for establishment of the Model Trial Magistrate Courts (MTMC) before the committee. He stated that under the EJI-II, it is proposed that the MCAC may be introduced in all districts of Pakistan. In this regard, the respective high courts may nominate the presiding officers/additional district judges. He further stated that initially the MCAC would be entrusted with appeals against orders, civil revisions, appeals in rent and family cases. The nominated judicial officers would be entrusted with 100 old cases at a time.

The office would be responsible for scrutiny of the appeals at the time of institution for any deficiency. Moreover, the judges would conduct a preliminary hearing for settling all technical and legal issues. The Courts would affect service through modern devices and the scheduling conference will be held on the day respondent appears.

No adjournment would be granted and miscellaneous application to be decided before the final decision except where the disposal merits in the final judgement. Record in appeals against orders and revisions will not be requisitioned and certified copies would be attached, moreover, judgement would be announced not later than three days after conclusion.

He further stated that under the EJI-III, the Model Trial Magistrate Courts (MTMC) are proposed to be established in all districts. He said that MTMCs would consist of pre-trial magistrate who would conduct all pre-trial proceedings and trial magistrates who would only conduct trial. The MTMC shall be presided over by magistrate empowered under section 30 CrPC in each district/ subdivision in accordance with work load. The MTMC would be assigned 100 cases at a time and initially only old hurt cases would be assigned although the district and sessions judge may allocate any category of cases. The MTMC would summarily announce judgment in case of plea of "no contest" otherwise the trial scheduling would take place. Hayat Ali Shah sought the approval of EJI-II and EJI-III initiatives which was unanimously granted and it was approved that the respective high court shall nominate judicial officers within two weeks for giving effect to the EJI-II and EJI-III. The Chief Justice of Pakistan/Chairman NJPMC emphasised that during training, the nominated judicial officers may be sensitised with respect to disposal of appeals in line which are not maintainable.

The secretary NJPMC also briefed the committee about the action plan submitted on behalf of the GDP regarding establishment of the Juvenile Justice and Child Courts in Pakistan. He briefed the committee about the relevant juvenile and child related laws in Pakistan and informed that the Juvenile Courts are operational in Lahore and Peshawar and as per proposal of the GDP, such courts require to be established in other areas of Pakistan.

The representative of the GDP also made presentation regarding the need for establishment of Child Protection Courts and also submitted a work plan in this regard. The representative committed that the GDP would sponsor the infrastructure requirement of Child Courts at the provincial capitals, ICT, Mardan and Abbottabad. Moreover, the GDP would also provide training to the nominated judicial officers about the issue. The committee deliberated upon the issue and agreed in principle that Gender Based Violence and Child Protection Courts, as per statutory requirements, may be established in every district; however, keeping in view the paucity of judicial officers, in the first instance, the Child Courts may be established in the provincial headquarters and Islamabad. Moreover, the high courts may nominate judicial officers for training by the GDP.