Senate Standing Committee on Law and Justice on Thursday asked research wing of the Upper House of the Parliament to conduct a detailed research regarding functioning of the commissions, like Law and Justice Commission of Pakistan (LJCP), across the world and submit a report before the parliamentary body. The committee which met with Senator Muhammad Javed Abbasi in the chair also expressed displeasure over non-utilization of Access to Justice Development Fund (AJDF) at provincial level. The parliamentary body asked research wing of the Senate to conduct a research about the working of commissions like LJCP across the world in order to make the Commission further proactive and ensure speedy disbursement of AJDF.
The committee observed that AJDF could not achieve its objectives, including ensuring speedy and inexpensive justice, due to non-utilization of fund. Secretary LJCP Dr Muhammad Raheem Awan told the committee that the main reasons behind non-utilization of funds are strict monitoring and rules and regulations. The commission is taking different measures to improve utilization of fund to ensure speedy justice, he said.
On this, Abassi said that non-utilization of fund due to strict rules would not benefit litigants and would not help provide speedy justice; therefore, LJCP needs to ensure utilization of fund to provide relief to the poor litigants. "The main objective of fund is to provide speedy and inexpensive justice as well as a better infrastructure to people. The institution should fulfil its objectives instead of focusing on earning profit, he said. Abbasi said that commission should not be left in the possession of executive and judiciary, adding, "It is our responsibility to discuss its composition." He said that committee will invite representatives of different bar councils, senior lawyers and other relevant stakeholders in the meeting to discuss the composition of the commission. "Do chief justice of Pakistan and chief justices of high courts can spare time for the commission from their busy schedule?" Abbasi questioned.
He said that due to busy schedule of Chief Justice of Pakistan and chief justices of high courts, it would be better to review members of committees of LJCP. Senator Sirajul Haq and Sana Jamali also questioned non-utilization of funds provided to high courts of the provinces.
Awan while briefing the committee said that the government established a statuary endowment fund, AJDF, in 2002. The principal amount of Rs 1,421 million is non-consumable and meant for investment to generate income to meet the purposes of fund, he said, adding that total profit earned from the investment of the fund in government securities and schemes is Rs 3.020 billion. He said that AJDF comprises seven windows to support activities in the field of legal/judicial research, legal empowerment, capacity building through training, institutional development and innovations in legal education.
Awan said that the prescribed profit allocation ratio to AJDF windows includes; a) Provincial Judicial Development Fund (PJDF), 60.3 percent, b) legal empowerment fund window, 13.5 percent, c) federal and provincial judicial academies, 4.5 percent, d) legal innovation window, 4.5 percent, e) judicial and legal research window, 4.5 percent, f) fund management window, 2.7 percent, and g) special projects in the underdeveloped areas, 10 percent. Officials of the Ministry of Law and Justice briefed the committee about Access to Justice Programme. They said that the programme had been commenced in 2001 to strengthen the system of administration of justice by focusing on legislative, judicial, police and administrative reforms.
However, they told the commission that the programme did not remain active after year 2010 and Executive Committee of National Economic Council (ECNEC) in its meeting held on April 4, 2018 decided to close the project of the programme and implementation of its ongoing activities would be met through Public Sector Development Program (PSDP).
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