The seminar reviewed the judgement of Lahore High Court on Juvenile Justice Ordinance 2000 in a case of Farooq Ahmed versus Federation of Pakistan on December 6, 2004 and discussed the possible implications for the under trial children.
During the seminar, representatives from civil society organisations decided to file an appeal in the apex court against the decision.
Dr Faqir Hussain gave details of the judgement and said that a full bench of the Lahore High Court (LHC) struck down the Federal Juvenile Justice System Ordinance 2000.
Court termed the ordinance as "Unconstitutional, unreasonable, defective in drafting and impracticable". Dr Faqir Hussain was of the view that Lahore High Court (LHC) pointed out serious flaws in the ordinance, which in the view of the court had the potential to play havoc with criminal justice system of the country.
The full bench observed that the ordinance is inconsistent with articles of the Constitution, besides having many incompatibilities with other laws some of which completely senselessness. The court was of the view that given age 18 years is too high and unreasonable. The court frequently referred to Indian Juvenile Justice Act 1986 where the age of child is given 16 and 18 years for boys and girls respectively.
The court was unaware that according to the juvenile justice the age of a child is 18 years.
The bench also ignored that Pakistan is signatory of International Convention on the Right of Child (CRC) and it is international obligation to use international definition of child that is again 18 years.
While presenting his personal views on the judgement, Dr Faqir Hussain said that it is difficult to agree the court's decision that the ordinance is so defective that it is beyond repair and has to be struck off, root and branch. Along with certain favourable provisions e.g. legal aid/assistance to a juvenile accused or victim, prohibition on publication of juvenile court's proceedings in the media and functions of probation officers.
These and some of the other clauses of the ordinance, which were not examined by the court, but were abolished.
Opposite contention is neither raised nor pursued. Again, it is too strong a statement made by the court, that there was not special need for the promulgation of the ordinance. He was of the view that NWFP and Balochistan had no legislation for juveniles and the state was criticised internationally.
"The judgement creates a somewhat embarrassing situation for the state" he opined.
"There is an urgent need to reassess the judgement and calls for appeal in the apex court." he said.
Dr Saba Gul Khattak chaired the seminar and representatives from different civil society organisations decided to set an appeal against the judgement to the Supreme Court of Pakistan.