A day long Focus Group Discussion (FGD) on the Code of Civil Procedure, 1908 (V of 1098) (Amendment) Act, 2019 held on 21st October, 2019.

It was moderated by Dr. Shakeel Azam Awan, Dean Faculty with co-ordination of Mr. Ahmed Iftikhar, Director Instruction-II, KPJA.
The participants included Mr. Ashfaq Taj, Senior Director Administration, Mr. Inamullah Wazir, Director Instruction-I, Mr. Ahmed Sultan Tareen, Legal Draftsperson, PHC, Mr. Kaleem Arshad, District & Sessions Judge, Mr. Asghar Shah, District & Sessions Judge, Mr. Zaib Khan, ADSJ, Mr. Zia-ur-Rehman, Director Regulations, SDJ, PHC, Mr. Zaeem Ahmed, Director, HR, SDJ,PHC, Mr. Adil Majeed, ADSJ, and Mr. Naveed ur Rehman ADSJ.

Dean KPJA gave an extensive discourse on the possible legal implications of the proposed amendments. The same, amongst others, focused on incompatibility of the amendments with fundamental rights, norms of justice and procedural jurisprudence: The discourse touched upon:
1.       Provisions for spot checks.
2.       Provisions regarding commission for recording evidence.
3.       2-tier system of trial courts: practical implications and legal effects.
4.       Conversion of Courts of Appeal into trial courts for civil causes: Pecuniary limits and impact thereof on litigation.
5.       Legal impact of the amendment concerning courts of Appeal.
6.       Change in language of section 115 of the Code: Effects
7.     Incompatibility of the amendments with Fundamental Rights, norms of justice and procedural jurisprudence.
 
The house, after day long discussions on amendments, made its recommendations. As the amendments have very serious legal implications as the stakeholders of justice system have not been consulted by the legislature while amending CPC, therefore, the house suggested to hold National Level Seminar on the basis of feedback recorded in this FGS.

 

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