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ISLAMABAD: A National Assembly panel on Thursday invited recommendations from the Pakistan Bar Council (PBC) and the Ministry of Law (MoL) for a fair and competition-based process of recruitment of judges in the country’s courts.

The meeting of the National Assembly Standing Committee on Law and Justice, held here at the Parliament House, was chaired by is chairman Riaz Fatyana and debated a number of bills on the agenda, mostly related to the bar councils.

The committee considered the bills including The Legal Practitioners and Bar Council (Amendment) Bill, 2020 (Section 5) moved by Nafisa Shah, The Legal Practitioners and Bar Council (Amendment) Bill, 2020 moved by Sher Akbar Khan, and The Legal Practitioners and Bar Councils (Amendment) Bill, 2020 (Section 5 and schedule) moved by Mohsin Dawar.

After detail deliberations, the Committee referred the matter to the PBC with recommendations to finally devise the proper formula after consultation with the entire bar councils for enhancement of seats of bar councils.

The committee observed that the proposal for enhancement should contain renationalized formula for enhancement and that the recommendations of the PBC should be sent to the committee within 60 days.

The Committee also unanimously approved the incorporation of the new section in the given Act, about streamlining the elections for all bar associations.

The Committee did not consider a bill, The Constitution (Amendment) Bill, 2021 (Article 11 and 25A) moved by Amjad Ali Khan, due to absence of the mover and consequently, deferred the bill for further discussion in its next meeting.

The committee also considered The High Courts (Establishment) (Amendment) Bill, moved by Mohsin Dawar, and referred the same to the Law and Justice Commission with recommendation that it will provide a comprehensive formula for enhancement of number of judges in all provinces, based on a rationalised formula by keeping in view the number of pending cases.

The committee observed that recommendations of the Law and Justice Commission of Pakistan shall reach the committee within one month.

It also recommended that the Ministry of Law and Justice shall provide details about the total number of posts of judges in high courts and Supreme Court along with pending cases before each court within 30 days.

The committee considered another bill, The Legal Aid and Justice Authority (Amendment) Bill, 2020 (Section 2, 6, and 9A), moved by Uzma Riaz, and deferred the same with recommendation that, secretary Ministry of Law and Justice shall arrange a meeting of the mover with Minister for Law and Justice for discussion on the bill.

The panel also considered, The Legal Practitioners and Bar Councils (Amendment) Bill, 2021, moved by Riaz Fatyana and after detailed deliberations, the committee unanimously, recommended that the bill as amended by the committee may be passed by the National Assembly.

After a detailed discussion on judicial reforms, the committee recommended that the PBC vice chairman and ministry shall provide proposals to the panel in writing for the fair and competition-based process of recruitment of judges of the country’s courts.

Those who attended the meeting included Rana Sana Ullah Khan, Qadir Khan Mandokhail, Nafeesa Shah, Aliya Kamran, Mohsin Dawar, Sher Akbar Khan, Lal Chand, Mohammad Farooq Azam Malik, Kishwar Zehra, Mohammad Sana Ullah Khan Masti Khel, Malik Mohammad Ehsan UllahTiwana, Shunila Ruth, UzmaRiaz, besides senior officials of the Ministry of Law and Justice, representatives of the Ministry of Human Rights, the PBC and the Islamabad High Court Bar Association.

Copyright Business Recorder, 2021

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