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Islamabad: The All parties
Parliamentary Caucus on Rule of Law convened by PILDAT unanimously approved
Reforms Agenda to improve rule of law and access to justice in Pakistan. The
Caucus meeting held in Islamabad today discussed and finalized the reforms.
It was discussed the three key area, Police, Procession and Free legal Aid,
should be focused and need amendments in the laws better rule of law and access
to justice. Parliamentary Caucus also hailed the suggestions of Senate Committee
of the Whole for free and speedy justice in the country. Following reforms were
approved by the Caucus:
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Police - Allocation of funds and
increase in budget: Funding is an important aspect and therefore
must be allocated for proper utilisation where needed. Increasing the strength
of police by 15% to bring the police-population ratio at par with the international
UN standard of 1:450. Investigation costs must be provided to facilitate
the investigation process. The existing annual budget allocation for Punjab
Police is USD 0.79 Billion (Rs. 82.95 billion) for a population of approximately
103 million which is about 6% of the total budget of the province. Out of
this police budget, 80.13 % is utilised purely for allowances, 7.57 % towards
fuel charges, 2.08% to training and 10.22% to miscellaneous expenses.
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Amendment in Section 154 of Code
of Criminal Procedure 1898: Amend Section 154 of Cr. P. C. to ensure
that after registration of FIR, subsequent actions by police must be on
the basis of solid reasons/evidence to be brought on the record by police
officer(s) concerned. This would lead to more effective prosecution of cases.
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FIRs to be simple, online and computerised:
All FIRs should be recorded in simple language, available online and computerised
and be simultaneously sent to the prosecution service so as to involve the
latter in the case from its very inception.
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No Arrest after FIR without Evidence:
FIRs should not form the basis for immediate arrest of those persons named
in the FIR. In this regard specific reference may be made
to the judgment of the August Supreme Court in Civil Petition # 1282 of
2014, Haider Ali v DPO Chakwal case wherein the August Supreme Court has
issued as many as 15 directions including “no person should be arrested
unless there is sufficient evidence available with the police to support
such arrest. Where a person is unjustly deprived of his liberty, compensation
will be required to be paid to him or her by the delinquent Police Officer”.
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Protection for witnesses through
enactment of relevant laws to prevent resiling testimony from witnesses;
ensure provision of safe and secure environment for giving statements in
court to strengthen prosecution of crimes and hence provision of justice.
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Establishment of Legal Aid Authority:
The existing forums provided for under the present legal framework have
not been able to fulfil the requirements for free legal aid as per the constitutional
mandate. There was a need for Legal Aid Authorities both at the Federal
and Provincial levels to monitor and supervise the work of public defender
services.
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Enactment of Public Defenders &
Legal Aid Office Ordinance 2007. The Public Defenders & Legal
Aid Office Ordinance has lapsed and it is recommended that it should be
enacted at both the Federal and Provincial levels.
Senator Mir Hasil Khan Bizenjo, NP, Balochistan,
was the convener of the Caucus. The other members of the Caucus attended the
meeting are:
Senator Mir Hasil Khan Bizenjo (NP, Balochistan),
was the Convenor of the PCRoL. The other members of the PCRoL who attended the
meeting are: Senator Lt. General (Retd.) Abdul Qayyum (Punjab, PML-N), Senator
Muhammad Mohsin Khan Leghari (Punjab, Independent), Senator Taj Haider (Sindh,
PPPP), Sardar Muhammad Azam Khan Musakhel (Balochistan, PMAP), Senator Muhammad
Usman Khan Kakar (Balochistan, PMAP), Senator Dr. Ashok Kumar (NP), Senator
Jehanzeb Jamaldini (Balochistan, BNP-M), Senator Dr. Karim Khawaja (Sindh, PPPP),
Mr. Shafqat Mehmood (MNA, NA-126, Lahore-IX, Punjab PTI), Dr Asma Mamdot (MNA,
Na-299, Women, Punjab-XXVII, PML-N), and Dr Fouzia Hamid (Women Sindh, MQM).
For further information, please contact:
Ms. Sabahat Afsheen
sabahat.afsheen@pildat.org
0334-4548452
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