logo
Senate body adopts civil courts bill

Senate body adopts civil courts bill

Express Tribune20-03-2025
The Senate Standing Committee on Law and Justice on Wednesday adopted the Civil Courts (Amendment) Bill, 2025. The law committee convened under the chairmanship of Senator Farooq Hamid Naek to review and discuss several key legislative bills.
The committee adopted the Civil Courts (Amendment) Bill, 2025, as introduced by Senator Azam Nazeer Tarar, Minister for Law and Justice. The bill, which had already been passed by the National Assembly, aims to reduce the mounting burden of litigation on the appellate side of the Islamabad High Court.
The bill seeks to address the growing issue of pendency in the Islamabad High Court, which has been exacerbated by the rising property prices in the Islamabad territory.
As property valuations now exceed twenty-five hundred thousand rupees, a significant number of regular first appeals against civil court orders and decrees have increased the caseload.
Senator Tarar highlighted the necessity of having district courts entertain such matters, thereby reducing pressure on the appellate side of the Islamabad High Court.
The committee also addressed the issue of the delay in notifying the nomination of Senator Hamid Khan as a member of the Board of Governors of the Legal Aid and Justice Authority.
Chairman Senator Farooq Hamid Naek directed that the nomination be notified at the earliest and that the committee be updated on the progress.
The Senate body engaged in a detailed discussion regarding the 'Constitution (Amendment) Bill, 2024', introduced by Senator Munzoor Ahmed and Danesh Kumar. The bill, which seeks to amend Article 51 of the Constitution, was debated with input from the Ministry.
The committee took note of the findings from the 2023 population census, which revealed that the Christian community is predominantly concentrated in Punjab, while the Hindu community is largely based in Sindh.
This geographical disparity could pose challenges if each province is designated as a single constituency for minority reserved seats.
The committee chairman advised further review of the bill based on population data and under the relevant legal framework. The movers of the bill requested additional time to consider amendments.
Similarly, the committee deliberated on the 'Constitution (Amendment) Bill, 2024', introduced by Senator Khalida Ateeb. This bill was deferred due to the lack of support from the government of Khyber Pakhtunkhwa and the pending comments from other provincial governments.
The 'Constitution (Amendment) Bill, 2024', moved by Senator Aon Abbas, which proposes the creation of a new province of South Punjab, was also deferred.
Additionally, the 'Constitution (Amendment) Bill, 2024', introduced by Senator Muhammad Abdul Qadir, which proposes an amendment to Article 27 concerning quotas, was deferred for further review.
The committee chairman expressed the need to review previous judgments by the Supreme Court on the matter of time limits for quotas before proceeding.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Supreme Court unveils modernised 2025 rules
Supreme Court unveils modernised 2025 rules

Express Tribune

time5 hours ago

  • Express Tribune

Supreme Court unveils modernised 2025 rules

The Supreme Court on Thursday formally published the Supreme Court Rules, 2025, replacing the Supreme Court Rules, 1980 in what the court described as its commitment to modernization, digitalization, and to bring procedural clarity in the justice system in line with global governance of law. Framed under Article 191 of the Constitution, the new rules replaced "outdated provisions" and brought court procedures in line with contemporary legal, constitutional, and technological developments. According to a press release issued by the SC on Thursday, the rules came into immediate effect. The new rules were framed by a committee formed by Chief Justice of Pakistan (CJP) Yahya Afrifi. The committee comprised four SC judges — Justice Shahid Waheed, Justice Irfan Saadat Khan, Justice Naeem Akhter Afghan, and Justice Aqeel Ahmed Abbasi. According to a press releases issued by the apex court, the committee engaged with judges, the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), and other bar associations. The final draft was placed before the full court and approved after detailed deliberation. Following the promulgation of the new rules, the SCBA issued a statement, stating that the SC did not consult with bars with regard to increase in court fees. It demanded that the SC withdraw its decision to increase the fees, noting that such increase in fees will not help in dispensation of justice. Later in the day, the SC issued a public notice inviting suggestion to improve the rules. The notice said the new rules are conceived as a living document-responsive to the needs of the bench, the bar, the litigants, and adaptable to emerging legal and technological developments. It said that in the spirit of transparency and inclusivity, the CJP has constitute a committee under Rule 1(4) of Order I of the Supreme Court Rules, 2025, to make recommendations for addressing any difficulty that may arise in giving effect to its provisions. Interestingly, the committee comprises the same four judges—Justice Waheed, Justice Khan, Justice Afghan and Justice Abbasi—who were part of the committee that framed the rules. "The SC invites suggestions and feedback from judges, members of the bar, litigants, and the general public in this regard. Submissions will be compiled and reviewed by the committee and placed before the full court for consideration at the commencement of the new Judicial Year. "Suggestions may be sent in writing to the SC registrar," it added. The new rules The Supreme Court Rules, 2025 consist of seven parts, thirty-eight orders, and six schedules, with approximately 280 provisions amended—including 160 from the schedules. The rules include 60 new provisions while five outdated provisions have been deleted. The new rules include digital transition and technological enablement. Now all petitions and paper books must now be filed electronically while scanned copies are also mandatory. Notices, orders, certified copies, and pleadings will be issued digitally. Hearings through video-link are now permitted. It makes the authentication of affidavits by an Apostille mandatory. An Apostille is a certificate that simplifies the authentication of documents for international use, particularly for countries that are part of the Hague Apostille Convention. Parties and advocates are also required to provide updated phone numbers, email addresses, and digital app details. Now judicial documents sent via post will not be entertained. It provides litigant access to records and parties may inspect records or obtain copies online or in person. Applications marked urgent or requesting interim relief must be listed within 14 days or at the earliest practicable date. The SC registrar is authorized to ensure compliance with formats prescribed in the Sixth Schedule. Under the new rules, court fees are revised after decades; advocate and official expenses are also updated. However, criminal petitions are fee-exempt — except for certified copies. Copies are free for petitions submitted from jail while habeas corpus and Article 184(3) petitions related to criminal matters remain exempt from fees. The registrar may appoint advocates at state expense in death sentence cases. Counsel fees have also been enhanced. Under the rules, intra-court appeals have been introduced for orders under Article 184(3) and contempt proceedings. One review petition is permitted per judgment and it may be filed in person or through alternate counsel. Frivolous reviews may attract penalties and the security deposit has been increased. A party may revoke a power of attorney and appoint a new Advocate-on-Record. Transfer applications under Article 186A and Section 25A of the Family Courts Act, 1964, are now recognized. Constitutional Benches are formalized through a newly added chapter. The rules also introduce adjudication and procedural safeguards. Appeals from interlocutory orders will be heard by a bench of at least two judges; all other appeals, including those against acquittal will be heard by not less than three judges. Paper books will be delivered in advance to the Attorney-General, Advocate-General, Prosecutor-General, and respondents, with certification of service. The registrar may recall ex-parte orders upon sufficient cause. Compromise in compoundable offences is now formally accommodated. In acquittal appeals, the court may require surety or take coercive action if a respondent avoids appearance. Procedures for summoning records from lower courts have been streamlined. Under the administrative and structural reforms, the registrar is empowered to supervise staff and exercise procedural powers as assigned under the rules. Branch Registries are retained at all provincial capitals; filings are allowed at either Islamabad or the relevant registry. Under the rules, all fees, costs, security deposits, and allowances will be reviewed and revised every three years. Written tests for registration as advocate-on-record have been abolished and advocates with five years' standing may apply directly. The new rules also highlight courtroom conduct. Advocates may wear either a sherwani or a short black coat; wearing gowns is now optional. No concise statement is required in criminal appeals. In civil matters, if security for costs is not deposited within 30 days, leave to appeal stands rescinded unless otherwise ordered. Respondents may seek summary dismissal of frivolous or delay-motivated appeals. Procedural failures shall be treated as irregularities and will not nullify proceedings. Under the new rules, the court's inherent powers to ensure justice remain unaffected. "The Supreme Court Rules, 2025, reflect a transformative vision — integrating digital tools, promoting timely justice, and eliminating procedural rigidity. "With inclusive provisions and simplified processes, the rules usher in a new era of judicial efficiency and responsiveness in Pakistan. These rules have also been uploaded on the Supreme Court website for the information of the general public," said the official press release.

SC releases minutes of Committee
SC releases minutes of Committee

Business Recorder

time6 hours ago

  • Business Recorder

SC releases minutes of Committee

ISLAMABAD: The Supreme Court on Thursday made public the minutes of a Committee constituted under Supreme Court (Practice and Procedure) and the Chief Justice of Pakistan's letter. These contain a decision of the senior puisne judge of the Supreme Court Justice Syed Mansoor Ali Shah and Justice Munib Akhtar date October 31, 2024, wherein, they demanded that the constitutional petitions challenging the 26th Amendments be placed before the Full Court (on judicial side) and fixed for hearing on November 4, 2024. In response to that decision, CJP Yahya Afridi wrote a letter on 31-10-2024 that 'the matter for constitution of the benches for hearing a petition under Article 184 of the Constitution, vests upon a Committee set up comprising of worthy judges of the Constitutional Bench, and not the Committee constituted under Supreme Court (Practice & Procedure) Act, 2023.' The CJP's letter mentions; 'I personally sought the opinion of all other thirteen judges of the Supreme Court, as to whether the request made by the two judges regarding the constitutional petitions challenging the 26th Constitutional Amendment filed under Article 184 of the Constitution to be fixed before a Full Court of the Supreme Court or before the Constitutional Bench under Clause (a) of Sub-Article (3) of Article 191A of the Constitution. Nine of the thirteen judges were of the view that the petitions challenging the 26th Constitutional Amendment be placed before a Constitutional Bench and not before the Full Court of the Supreme Court of Pakistan.' As the Chief Justice of the Supreme Court I did not find it appropriate to call for a Full Court Meeting, as the same would not only dampen the much-needed spirit of collegiality amongst Judges but would also expose the Supreme Court to public comment, which regretfully has been the case in the recent past,' it added. According to the minutes of 26th May, 2025, the Committee considered the revised draft of the Supreme Court (Practice and Procedure) Committee Procedure, 2025. 'It was unanimously decided that in case the Chairperson/Chief Justice of Pakistan is unavailable, for any reasons, or in case he proceeds abroad, he may constitute a committee for dealing with urgent situations mentioned in the Draft during his absence.' Copyright Business Recorder, 2025

Independence Day: Armed Forces' Chiefs convey congratulations to nation
Independence Day: Armed Forces' Chiefs convey congratulations to nation

Business Recorder

time7 hours ago

  • Business Recorder

Independence Day: Armed Forces' Chiefs convey congratulations to nation

RAWALPINDI: The Chiefs of Pakistan's Armed Forces have conveyed heartfelt congratulations to the nation on the country's 78th Independence Day, celebrating the enduring spirit of unity, resilience, and commitment to a shared vision for a brighter future. In a joint message, Field Marshal Syed Asim Munir, Chief of Army Staff; General Sahir Shamshad Mirza, Chairman Joint Chiefs of Staff Committee; Admiral Naveed Ashraf, Chief of the Naval Staff; and Air Chief Marshal Zaheer Ahmad Babar Sidhu, Chief of the Air Staff, paid homage to the founding fathers of Pakistan, led by Quaid-e-Azam Muhammad Ali Jinnah, whose vision, courage, and sacrifices paved the way for independence. The Armed Forces' deep reverence for the nation's visionaries, statesmen, and soldiers, reaffirmed their unwavering commitment to safeguard Pakistan's sovereignty, uphold the Constitution, and protect national values. The military leadership reiterated that the bond between the people and the Armed Forces remains the cornerstone of the country's strength. Calling on the nation to uphold the ideals of Faith, Unity, and Discipline, the Armed Forces urged collective efforts toward peace, progress, and unity to realise the dream of a resilient, prosperous, and progressive Pakistan. Copyright Business Recorder, 2025

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store