ISLAMABAD: The National Assembly Standing Committee on Law and Justice on Monday passed the National Accountability (Amendment) Act, 2023, seeking to remove the legal complication in the transfer of cases from the Accountability Court to the relevant forums which do not fall within the jurisdiction of the NAB Ordinance.
The committee which met with MNA Mehmood Bashir Virk in the chair passed the bill unanimously. According to objects and reasons of the bill, owing to recent amendments made in the National Accountability Ordinance, 1999, hereinafter called the NAB ordinance, through the National Accountability (Amendment) Act 2023 and the National Accountability (second amendment) Act 2022 some legal complications have arisen for transfer of those cases from the Accountability Courts to other courts, tribunals and forums, which do not fall within the domain or jurisdiction of NAB ordinance.
Minister of State for Law and Justice Shahadat Awan said that the bill has provided a methodology for the transfer of cases from Accountability Courts to another forum that did not fall under the NAB law. Under the amendment, in the absence of the chairman NAB then deputy chairman NAB will work as chairman, he said.
The committee also passed the Code of Civil Procedure (Amendment) Act,2023. According to the statement of object and reason the Code of Civil Procedure (Amendment) Act, 2020, which was enacted on February 21, 2020, is applicable to the extent of Islamabad Capital Territory. A number of reservations had been raised by members of the Islamabad Bar Association, Islamabad Bar Council, and District judiciary regarding the implementation of the 2020 act, it says.
It says that a consequential effect of amendments in the civil procedure is that the judge, lawyers, and litigants are suffering as they are now required to litigate at two different courts. Each civil judge is hearing a main suit filed before his court and simultaneously hearing injunction applications of other courts, it says, adding that this practice had exacerbated the backlogs of pending cases. The 2020 act had defeated the purpose of quick access to justice inexpensive, speedy, and fair trials.
The committee considered the bill, the Constitution (Amendment) Bill, 2022 (Article 175-A,177 and 182) moved by MNA Qadir Khan Mandokhail after detailed deliberations with the ministry and deferred the same for further deliberations.
Mandokhail said that he proposed in the bill that the appointment of judges to higher courts should be made on merit. If the appointment of judges started on merit in our country then a son of a poor person will become a judge, he said, adding that the judges of high courts and Supreme Court come directly.
Raja Naeem Akbar, secretary Ministry of Law and Justice said that this is a constitutional amendment and that to pass this amendment, it requires a two-thirds majority of the total membership of that house. This is a private member bill and never constitutional amendment has been made through a private member’s bill, he said.
Azam Nazeer Tarar, minister for law and justice said that this is a constitutional amendment, therefore, we need to further deliberate upon it. The constitutional amendment requires a two-thirds majority, he said.
The minister asked the mover of the bill to give him some time for further discussion. Mandokhail told the minister you are very busy and you will not find time till elections as you have to make many amendments.
The meeting was also attended by MNA Mehnaz Akber Aziz, Usman Ibrahim, Aliya Kamran, Zahra Wadood Fatemi, Dr Samina Matloob, and senior officials of the Ministry of Law and Justice.
Copyright Business Recorder, 2023