Home »General News » Pakistan » Farogh ‘explains’ Article 149 (4)
Federal Minister for Law and Justice Barrister Dr Muhammad Farogh Naseem has said those who are objecting to possible imposition of Article 149 (4) of Constitution have, in fact, not read it carefully as nowhere does it talk about creating a separate province. Pakistan Peoples Party Senator Raza Rabbani said on Friday last that possible imposition of Article 149 (4) would be the first step towards the division of Sindh and making Karachi a province.

The Federal Law Minister while holding a press conference along with Special Assistant to Prime Minister on Information Dr Firdous Ashiq Awan and provincial ministers of law of Punjab and KPK here on Saturday said so far no decision for invoking Article 149(9) had been made. However, he said that a committee had been constituted to deliberate on deteriorating situation of the economic hub of the country. If Karachi would be empowered then it would benefit Sindh and the country, he added.

The minister said the government would introduce laws - Code of Civil Procedure (Amendment) Bill, 2019, the Legal Aid and Justice Authority Bill, 2019, the Enforcement of Women's Property Rights Bill, 2019, the Letters of Administration and Succession Certificates Bill, 2019 and the Whistleblower Protection and Vigilance Commission Bill, 2019 - for the benefit of people as those would reduce litigation period.

Through Code of Civil Procedure (Amendment) Bill, 2019 a new concept of two-tier system has been introduced which will reduce 30/40 years period of civil litigation to maximum of two years. Two different civil judges will hear the case. The main case would be heard by one judge and stay and other miscellaneous applications by the other judge. The judge conducting the trial would be able to conduct spot checks for a just adjudication of the case. For process of summons/notices to the defendants, modern devices shall be utilized for effective service. Multiple tiers of appeals and revision have been reduced to one appeal to the high court.

Under the Legal Aid and Justice Authority Bill, 2019, an authority for whole of Pakistan shall be established. The authority shall provide legal, financial or other assistance and access to justice to the poor and vulnerable segments of the society in criminal cases. Disadvantaged women and children will be given preference by the authority.

The Enforcement of Women's Property Rights Bill, 2019 shall protect and secure the rights of ownership and possession of women in properties. The women ombudsperson will have power to receive complaints of women deprived of ownership or possession of properties. The ombudsperson shall pass corrective orders under law and direct the deputy commissioner or any state functionary including the police to restore the possession or ownership. The complaints could be made by women directly or by her representative or NGOs or the ombudsperson can take suo motu notice.

Through the Letters of Administration and Succession Certificates Bill, 2019, upon the death of an individual, the legal heirs languish in courts for years before they are able to obtain succession certificates. Under this law NADRA shall be authorized to issue succession certificates when there is no dispute amongst the legal heirs within 15 days. The NADRA shall establish or notify any of its offices, domestic or abroad, as Succession Facilitation Unit(s) (SFU) to facilitate applicants for obtaining succession certificates. In case of a dispute, the matter will be decided by the civil courts.

Under the Whistleblower Protection and Vigilance Commission Bill, 2019, Whistleblower Protection and Vigilance Commission shall be established. The whistleblower could provide information to an independent commission regarding corruption and corrupt practices. The commission, after assessing the information, would forward the same to the NAB, FIA (including complaints regarding money laundering), SECP (pertaining to public listed companies), and federal and provincial anti-corruption departments.

Copyright Business Recorder, 2019


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