National Assembly Standing Committee on Law and Justice was informed on Thursday that a total of 160,174 cases are pending in Islamabad High Court while three positions of the judges are also lying vacant in the same court.
A meeting of the committee was held here in the Parliament House in the chair of MNA Riaz Fatyana that was also attended by Khawaja Saad Rafique on a production order.
Secretary Ministry for Law and Justice, former Justice Abdul Shakoor Paracha informed the committee members that Islamabad High Court has a total seven sanctioned seats for the judges including the chief justice, out of which three seats are lying vacant. He informed the committee members that keeping in view the burden of cases in the high court, there is need for an additional three seats of judges in the court.
About questions of provincial quota of the judges, the secretary informed the members that provincial quota for judges is not described in the relevant law. The provincial chief justices initiate demand for additional judges as per need and then judicial commission looks into it before a final appointment by the relevant parliamentary committee.
About new bench, Paracha said that provincial chief justices can constitute a new bench after consultation with relevant chief ministers.
The secretary also informed the committee members that law about number of judges in any high court is not clear as appointment of new judges is done by the President on recommendation of the chief justice.
Aliya Kamran, a member of the committee, suggested the Ministry of Law and Justice to fix minimum strength of judges from all four provinces to make sure that all provincial units are represented in a high court.
The members of the committee discussed different aspects of number of judges in high court while contemplating on a bill "The Islamabad High Court (Amendment) Bill, 2018."
After detailed deliberations, the committee deferred the bill for its consideration with the direction to the ministry to seek report from the relevant quarters about the province-wise pendency of litigation as well as devise a formula about the equal representation of each province.
Members of Pakistan Muslim League-Nawaz and Pakistan Peoples Party in the committee, however, objected to increase in number of judges, saying that the decision should not be made in haste.
The committee also considered "The Constitution (Amendment) Bill, 2018 (Amendment in Article 106)" that was moved by Maulana Abdul Akbar Chitrali, MNA, and after detailed deliberations, the committee recommended that the bill may not be passed by the National Assembly.
The committee considered "The Constitution (Amendment) Bill, 2018 (Amendment in Article 51 and 106)" that was moved by Naveed Aamir Jeeva, MNA, and "The Constitution (Amendment) Bill, 2018 {Amendment in Article 25B, 51, 63B, 92 and 106)" that was moved by Dr Ramesh Kumar Vankwani, MNA.
After detailed deliberations, the committee deferred both the bills for their reconsideration in its next meeting with the direction to the ministry to seek report and data from the Election Commission of Pakistan and National Database and Registration Authority to proceed further in the matter.
The committee considered "The Legal Practitioners and Bar Council (Amendment) Bill, 2018," moved by Aliya Kamran, MNA. After detailed deliberations, the committee deferred the bill for its reconsideration with the observation that as the Pakistan Bar Council is the major stakeholder, so the vice-chairman of the council should be invited in the next meeting for his views on the given amendment.