The Law and Justice Commission has taken notice of the misuse of Section 489-F of the Pakistan Penal Code (PPC) relating to punishment awarded to an accused person for bouncing of a cheque. The meeting was held under the Chairmanship of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.
The Commission recommended addition of a provision to the said section that before lodging an FIR on account of dishonoured cheque, a written notice must be served on the drawer to pay the amount. If the drawer of the cheque failed to pay within 10 days after receipt of notice, then an FIR can be lodged.
The Commission also approved another amendment in respect of this section and stated that a Sessions Judge will be authorised to call for bank record in respect of a cheque that has been dis-honoured. To protect the women's right vis-à-vis seeking dissolution of marriage from legal complexity, the Commission also approved an amendment in Family Court Rules and ruled that the court, after passing divorce decree, will send its copy to the Union Council (UC) concerned without any delay.
Approving the amendment the Commission said, the plaint for dissolution of marriage should contain apart from other particulars, the name of UC where the marriage is registered, so that the court after passing the decree, could send a copy of it to such UC without loss of time. The Commission also examined various laws and made recommendations to bring them in accordance with the changing circumstances.
Examining the Juvenile Justice System Ordinance, 2000 the Commission proposed that the investigation of juvenile cases should be carried out by senior and experienced police officers not below the rank of BPS-17. The Commission further added that such investigation should be carried out with the assistance of psychiatrist/psychologist or Medical Officer.
The Commission further recommended the release of a child during trial for good conduct or on the conclusion of the trial on probation. The custody of child on probation should be given to the guardian or some other suitable person or some institution established for the welfare of the child. The Commission clarified that during probation no female child shall be given under the supervision of a male person.
The Commission also approved a proposal that if the child is found guilty of the offence, instead of sending him/her to the prison, such child should be placed in a institution where they are facilitated for further education and health care so that such children may become useful members of the society. The Commission further took notice of reported incidents of inhuman practice of making an accused person Walk on Burning Coals/Fire with a view to proving his innocence.
The Commission observed that such and similar other cruel and inhumane practices and customs should be strictly prohibited and therefore, recommended an amendment to the Pakistan Penal Code to the effect that the perpetrator of acts like making an accused walk on burning coals or throwing into water or subjected to other ordeals shall be made punishable with imprisonment up 3 years and fine.
The Commission also approved amendment in the "Illegal Dispossession Act 2005" and allowed right of appeal before High Court against the order of the Sessions Courts and added that such appeal should be filed within 10 days from the order passed by the trial court. He said these members are highly qualified and experienced in legal profession and their participation and contribution to bring reforms in the laws and their suggestions would be beneficial.
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