مضمون کا ماخذ : ہرکیولس اور پیگاسس
NA passes Code of Civil Procedure Bill – 2023
The National Assembly passed two government bills and a private member’s bill in 13th sitting of its ongoing 51st session on Friday. Minister for Law and Justice, Senator Azam Nazeer Tarar moved the National Accountability (Amendment) Bill, 2023 which was passed by the House. The bill seeks to remove the legal complication in the transfer […]
The National Assembly passed two government bills and a private member’s bill in 13th sitting of its ongoing 51st session on Friday.
Minister for Law and Justice, Senator Azam Nazeer Tarar moved the National Accountability (Amendment) Bill, 2023 which was passed by the House.
The bill seeks 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.
Minister for Law also moved another bill – the Code of Civil Procedure Bill, 2023 – which was also passed after presentation of its report in the House.
The bill aims to providing relief to the litigants and remove the excessive burden from courts. According to the statement and objects of this bill, “the Code of Civil Procedure (Amendment) Act, 2020 (Act No. VII) which was enacted on February 21, 2020, is applicable to the extent of Islamabad Capital Territory, Islamabad. 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. A consequential effect of amendments in the civil Procedure is that the judges, lawyers and litigants are suffering as they are now required to litigate at two different courts.
Each civil judge hears a main suit filed before his Court and simultaneously hears injunction applications from other Courts. This practice exacerbated the backlog of pending cases. Parties are forced to travel between courts which are adding to their time and costs as well as their counsels. Deletion of the right of revision under section 115 of the Code of Civil Procedure, 1908 had contributed to excessive litigation before High Court under its constitutional jurisdiction further adding to the cost and misery of parties falling prey to unintended consequences.
In essence, the 2020 Act had defeated the purpose of quick access to justice, and inexpensive, speedy and fair trial. A PML-N lawmaker Shaza Fatima Khawaja moved the Supreme Court Review of Judgments and Orders Bill 2023 which was passed by the House. This private members’ bill aims at facilitating and strengthening the Supreme Court in the exercise of its powers to review its judgments and orders.
The House also passed two separate resolutions. One of them demanded to transfer the amount of the Dam Fund to the national exchequer so that flood victims may be supported while another stated in categorical terms that the parliament’s prerogative of legislation cannot be usurped. Later, the House was adjourned to meet again on April 17, 2023 (Monday) at 3:00 pm.
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