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IHC, bar associations to be asked for input on Evening Courts Bill

By Ikram Junaidi 2017-10-26
ISLAMABAD: A government bill proposing evening courts to reduce the burdenofcasesonthe Islamabad district courts was deferred by the National Assembly Standing Committee on Law and Justice on Wednesday.

The committee decided to seek the input of the Islamabad High Court (IHC), the Pakistan Bar Association (PBA) and the Supreme Court Bar Association (SCBA).

Letters will be written to all three bodies for their opinions on whether the proposed legislation is implementable.

During the committee meeting, Law and Justice Secretary Karamat Hussain Niazi said the district courts are over-burdened, which is delaying decisions of cases.

He said the bill, which is titled The Evening Courts Bill 2017, proposes evening courts in the capital. `Though senior lawyersprefer to sit in their chambers in the evening, as it is a matter of the lower court junior lawyers will have no objection appearing in court in the evening,` he said.

`It is proposed that the current judges will have the option to continue working until evening and they will get extra remuneration for it, or new judges can also be appointed on contract or regular basis.

`Court staff will also be offered to continue working in the evening and will be paid for extra work.

`As it would be the first ever experience, the rules will be flexible and will be amended as per the requirement after the evening courts have started,` he said.

Committee chairman PML-N MNA Mohammad Bashir Virk praised the bill, but added that it should be discussed with the bar councils.

`Moreover, it should be considered that judges deliberately delay cases and start day-to-dayhearings when they want to conclude the case. It should also be considered whether people are getting justice during daytime hearings, that they will get it in the evening,` he quipped.

Pakistan Tehreek-i-Insaf MNA Ali Mohammad Khan also blamed delayed cases on court staff.

`I have personally witnessed a case in which the client was getting adjournments since 1972 by bribing the court staff. These things should be addressed, and input should be taken from the lawyer community,` Mr Khan said.

Muttahida Qaumi Movement MNA Iqbal Qadri said provinces should also be asked for their suggestions, as they would be able to propose better methods of implementation.

Khashiur Rehman, an additional draftsman at the law ministry, said the bill was prepared for the federal capital, and should be passed.

`In Islamabad most of the cases are Eled regarding houseand building rents and violation of agreements rather than criminal cases, so there are fewer requirements for security and other issues.

It should be implemented, and rules will be made later and adjusted with the passage of time. Only the IHC can be consuited on the issue as bar councils will never reply to the ministry,` he added.

MNA Aisha Syed from Jamaati-Islami supported the bill and said it was a fact that the lower courts were over-burdened. She also said administrative issues in evening courts could be addressed with the passage of time.

However, PTI MNA Ali Mohammad Khan reiterated that the opinion of the lawyer community should be sought.

The committee then directed the ministry to write to the IHC, PBA and SCBA stating that the letters written on the committee`s direction, and ask them to respond within a month.