The government has proposed far reaching amendments to the practice and procedure of the high courts and the administration of justice through distribution of business of the court between civil division benches and criminal division benches.
Giving more powers to puisne judges, setting up of inspection wings and exercise of high court jurisdiction otherwise than by the judges. Addressing a news conference here on Thursday.
Law, Justice and Human Rights Minister Wasi Zafar said that the only purpose of introduction of these amendments/ reforms to the present orthodox judicial system is to provide quick and inexpensive justice to the common man and not to curtail powers or jurisdiction of any office.
He said that draft of the proposed amendments has been sent to the superior courts, Pakistan Bar Council, high court bar associations and all other stakeholders to seek their recommendations/suggestions and input so as to make the judicial system vibrant, dynamic and according to the needs of a growing economy and the people.
He said that the government proposes to set up three divisions, Civil Division, Commercial Division, and Criminal Division in each high court consisting of the senior judge of the division who would be president, thereof, and such other puisne judges as are for the time being attached thereto.
He said that the puisne judges of the high court would be attached to various divisions by the order of the Chief Justice and the judges so attached to a division would be the judges of that division whether sitting at the principal seat of the high court or at the seat of a bench thereof.
He said that the government proposes to increase powers of the president so that he may from time to time, on recommendation of the Chief Justice, by order, direct any increase or reduction in the number of divisions of the high court.
The law minister said that commercial high courts will have the jurisdiction to hear and determine a commercial action, any jurisdiction exercisable by the Admiralty Court and such other jurisdiction of commercial nature as may be vested in the high court by any statutory provision or as may be directed by the rules of court to be exercised by the Commercial Division.
He defined the "commercial action" any action, arising out of the transaction of trade and commerce and includes any action relating to foreign investment, negotiable instruments, export or import of goods, carriage of goods by land, sea, air or pipeline, exploitation of oil and gas reserves or other natural resources, insurance and re-insurance, banking and financial services, including bank guarantees, operation of markets and exchanges, construction of ships, business agency, arbitration and companies.
He said that in each high court, an Admiralty Court is also proposed which will have the jurisdiction to hear and determine any of the questions and claims mentioned in the Admiralty Jurisdiction of the High Courts Ordinance, 1980.
Wasi said that the judges of the Commercial Division would, without involving themselves in any alternative dispute resolution process, encourage the parties and invite them in appropriate cases, to consider, as a possible additional means of resolving their cases or certain issues in the case.
He said hearing of a commercial action would continue on day-to-day basis until its completion, unless for reasons to be recorded, the court finds the adjournment beyond the following day to be necessary.
He clarified that under the proposed amendments, any jurisdiction of the high court would be exercised by a single judge of that court except that the jurisdiction relating to the business assigned to the Constitutional Division would be exercised by a divisional court and except in so far as it is exercisable by registrar or any other officer of the high court by rules of the court.
The law minister said that any case, cause or matter may at any time and at any stage thereof, either with or without application from any of the parties, but after hearing the parties, be transferred by such authority and in such manner as the rules of court may direct, from one division or judge of the high court to another division or judge thereof, or from a puisne judge or judges to another puisne judge or judges thereof.