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CONSTITUTIONALITY OF COURT FEES CHALLENGED IN PESHAWAR HIGH COURT; NO RATIONALE FOR COURT FEES IN KHYBER PAKHTUNKHWA ARGUES PETITIONER
A SECOND PETITION CALLS FOR ENFORCEMENT OF DISTRICT LEGAL EMPOWERMENT COMMITTEES RULES 2011 FRAMED BY LAW AND JUSTICE COMMISSION OF PAKISTAN
PESHAWAR 13.11.2013: Two important writ petitions filed by Mr. Asim Wazir, a board member of Insaf Network Pakistan, a civil society organization committed to access to justice, through INP’s counsel, Mr. Yasser Latif Hamdani, have been admitted by Peshawar High Court for comments to be submitted by the federal government and the provincial government. The first writ challenges the constitutionality of the levy of court fees. The second calls for the enforcement of DLEC Rules 2011 framed by the Law and Justice Commission of Pakistan.
Voices of the Unheard: Legal Empowerment of the Poor in Pakistan research finds that when it comes to justice sector, the poor and vulnerable prefer to remain ‘below the radar of the state’. The Study involved a random survey of 10,322 poor and vulnerable households across 31 districts in all 4 provinces and GB, as well as 92 Focus Groups with 1,120 poor and vulnerable participants, including 339 women. To define problems in their policy and institutional context, as well as to develop possible solutions, the Study also included 8 Consultative Workshops with supply-side stakeholders including judiciary, police, lawyers, NGOs, and government officials at the provincial and national levels.
- Research, INP
Pakistan is a country where allegations of rigging are common place. From local Olympic body elections to the presidential election itself, the sirens of unfairness and dishonesty can be heard loudly. Thus, it comes as no surprise that the election dispute resolution system, devised to resolve the contentions arising from the general elections as well as the by-elections, is rendered inefficient and incapable of executing its function by all concerned corners, not the least because of a lack of capacity.
- Omar Amir, INP
Provision of equitable justice to all citizens is the adherence of social contract between state and its citizens. In the developing world this adherence has been diluted. This dilution is attributed to mistrust of the justice system leading to disillusionment. The citizens especially the poor and the vulnerable tend to lose their identity as citizens as a result of this disillusionment. The constitution of Pakistan guarantees this but weak capacity and other systemic problems of justice sector institution undermine this basic service provision. To ensure Access to Justice of Poor & Vulnerable in Pakistan, in July 2012, UNDP / UNOPS launched its Legal Empowerment of the Poor Programme in 16 districts across Pakistan including GB Region under which INP has contributed major achievements.
- Insaf Network Pakistan, INP
In Pakistan, approximately 2.5 million cases are pending in our courts, and our legal and judicial systems suffer from chronic delays in the disposal of cases as well as the problem of access to justice to the poor. Article 37(d) of the Constitution of Pakistan makes ensuring inexpensive and expeditious justice a principle of policy for the state. Yet precious little has been done in this regard, primarily because principles of policy are subject to availability of resources. In 1999 the Pakistan Bar Council amended its Free Legal Aid Scheme of 1988 to include a newly devised set of rules, namely the Pakistan Bar Council Free Legal Aid Rules of 1999 (the “Rules”).
- Zainab Qaiserani, INP
Pakistan is a highly litigious society. However, most of the litigation, it may be emphasized, is not that which deals with the determination of legal and constitutional rights. The courts are used less as an option of last resort and more as a tool for leverage. Pakistan is a highly litigious society. However, most of the litigation, it may be emphasized, is not that which deals with the determination of legal and constitutional rights. The courts are used less as an option of last resort and more as a tool for leverage.
- Yasser Latif Hamdani, INP
Balochistan is the least literate province of Pakistan. This may be partially due to the lack of connectivity in this province which accounts for 44% of the land area or due to the security issues or lack of political will or motivation to improve the condition of the province. Studies show that 70 percent of the people in Balochistan are in the midst of poverty and cannot afford to send their children to Quetta for quality education.
- Omar Amir, INP
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