National Judicial Policy of Pakistan-2009

Justice at the Grassroot Level

The Chief Justice of Pakistan/Chairman, National Judicial (Policy Making) Committee (NJPMC) in his introductory speeches and remarks during the 4-day meeting (18–19 April & 16–17 May 2009) of the NJPMC, made important observations, the substance of which follows:

“The Meeting of the NJPMC has been convened at a critical moment of our national history. There has occurred a gradual deterioration in the law and order situation and parts of the country are experiencing militancy and violence, causing the displacement of hundreds of thousands of innocent people – men, women, children and elderly. These are difficult times. We face existential threats. But I do not think that the difficulties are insurmountable. We are a tenacious nation, have demonstrated, more than once, our strength and ability to face challenges. The lawyers’ movement for restoration of independent-minded judges and supremacy of law/Constitution is a case in point. The movement for a grand cause was thronged by enthusiastic groups including civil society organisations, professional groups, political parties and students, etc. In the evening of 15 March 2009, the movement transformed itself into a mini-revolution. It demonstrated the agility and determination of the masses to stand by the Constitution and dispensation of power under this supreme law. It emboldened me to say today, that together we could face challenges and convert them into opportunities. I have full faith in the ability of the people to rise to the occasion and chalk out a future course of action, based on democratic values and constitutional principles.

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SINDH GOVERNMENT RULES OF BUSINESS 1986

Pakistan

GOVERNMENT OF SINDH

SERVICES AND GENERAL ADMINISTRATION DEPARTMENT

NOTIFICATION

Karachi, the 13th August 1988.

No. SOR-I (S&GAD) 3/2-85(Pt. III). —- In pursuance of the previsions of Article 139 (3) of

the Constitution of the Islamic Republic of Pakistan, the Governor of Sindh is pleased to make the following rules which shall have effect from 20th November, 1986.

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Citizens Protection (Against Online Harm) Rules 2020

TO BE PUBLISHNED IN THE OFFICIAL GAZETTE

GOVERNMENT OF PAKISTAN

(INFORMATION TECHNOLOGY AND TELECOMMUNICATION DIVISION) MINISTRY OF INFORMATION TECHNOLOGY AND TELECOMMUNICATION

Islamabad

21 January, 2020.

NOTIFICATION

S.R.O. (1)/2019. – In exercise of the powers conferred under clause (c) of sub-section (2A) of section 8, sub-section (1) of section 54 and clause (ag) of sub-section (2) of section 57 of the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996) and the sections 35, 37, 48 and 51 of the Prevention of Electronic Crimes Act, 2016, (XL of 2016) the Federal Government is pleased to make the following rules:-

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Manifesto of the Muttahida Quami Movement (MQM)-Pakistan

THE IDEOLOGY OF MUTTAHIDA QUAMI MOVEMENT (MQM)

Muttahida Quami Movement (MQM) believes in Realism and Practicalism. Acceptance of reality with an open heart is Realism, a concept based upon the philosophy of its Founder and Leader Mr. Altaf Hussain. Based on Realism positive achievement made through ideologically supported pragmatic programs is called Practicalism.

The short history of Pakistan will show that the country has been ruled throughout by feudal lords, waderas and bureaucrats belonging to the two per cent privileged population of the country. This class dominates the country’s political life, the administrative services, the military establishments, the economy and the general decision making process, while the 98 per cent under-privileged population is denied its rightful share in the exercise of political and economic power in running the affairs of the state. Being politically disadvantaged and economically handicapped this sector of the society is unable to find a place in the assemblies and the corridors of power in the country. As a consequence, it remains perpetually deprived and alienated.

It just plays second fiddle to the ruling class. It is obliged to vote for them, make up the crowd in their political gatherings and processions, raise slogans and resort to appreciative clapping to their soulless and hackneyed speeches, containing promises which are never meant to be fulfilled.

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The Structure of ISI

1. Joint Intelligence X (JIX)

It serves as the secretariat which co-ordinates and provides administrative support to the other ISI wings and field organizations. It also prepares intelligence estimates and threat assessments. It provides administrative support to the other major divisions and regional organizations of the ISI.

2. Joint Intelligence Bureau (JIB)

One of the largest and most powerful divisions of the ISI, monitors political intelligence. The JIB consists of three subsections, with one subsection devoted to operations involving India, other operations involve, anti-terrorism and VIP security.

3. Joint Counter Intelligence Bureau (JCIB)

Responsible for oversees intelligence operations in Central Asia South Asia, Afghanistan, the Middle East, Israel and Russia also responsible for field surveillance of Pakistani diplomats stationed abroad, if need be monitoring foreign diplomats as well .

4. Joint Intelligence/North (JIN)

Conduct ISI operations for Jammu and Kashmir , including monitoring Indian forces deployed within disputed Kashmir forcefully held by India.

5. Joint Intelligence Miscellaneous (JIM)

Responsible for covert offensive intelligence operations and war time espionage.

6. Joint Signal Intelligence Bureau (JSIB)

It includes Deputy Directors for Wireless, Monitoring and Photos, operates a chain of signals intelligence collection stations, and provide communication support to its operatives. It also collects Intelligence through monitoring of communications channels of neighboring countries. It has a chain of stations that track and collect intelligence signals along the Indo-Pakistani border and in Kashmir.

A sizeable number of the staff is from the Army Signal Corps. It is believed that it has its units deployed in Islamabad, Quetta, Karachi, Lahore and Peshawar.

7. Joint Intelligence Technical Division (JIT)

Not much is know about this section however it is believed that JTI/JIT include a separate explosives section and a chemical warfare section.

The ISI maintains one more primary sections in addition to the seven outlined above that is the Joint division of technical Intelligence.


 

UN-Resolution on the State of Jammu and Kashmir- August 13,1948

The United Nations Commission for India and Pakistan

Having given careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir; and

Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavors to assist the Governments of India and Pakistan in effecting a final settlement of the situation;

Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:

PART I: CEASE-FIRE ORDER

A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

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NEHRU-LIAQUAT PACT 1950

AGREEMENT BETWEEN THE GOVERNMENTS OF INDIA AND PAKISTAN REGARDING SECURITY AND RIGHTS OF MINORITIES (NEHRU-LIAQUAT AGREEMENT)

New Delhi,
8 April 1950

A. The Governments of India and Pakistan solemnly agree that each shall ensure, to the minorities throughout its territory, complete equality of citizenship, irrespective of religion, a full sense of security in respect of life, culture, property and personal honour, freedom of movement within each country and freedom of occupation, speech and worship, subject to law and morality. Members of the minorities shall have equal opportunity with members of the majority community to participate in the public life of their country, to hold political or other office, and to serve in their country’s civil and armed forces.

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National Identity Card of Pakistan: www.nadra.gov.pk

The National Database and Registration Authority founded on 10 March 2000, is an independent and autonomous agency that regulates government databases and statistically manages the sensitive registration database of all the national citizens of Pakistan. National Database and Registration Authority (NADRA) was established as National Database Organization (NDO), an attached department under the Ministry of Interior, Government of Pakistan in 1998.

National Identity Card (NIC) is issued to the citizens of Pakistan. The unique 13 digit identification number is recognized all over the country. It is the first requirement of individuals as it is mandatory to obtain documents like license, NTN, bank account, passport, cellular connection etc. Every citizen of Pakistan, 18 years and above, is eligible for NIC.

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THE SUITS VALUATION ACT, 1887

THE SUITS VALUATION ACT, 1887 [PAKISTAN]

(Act VII of 1887)

C O N T E N T S

SECTIONS

1. Title.

2. Extent and commencement of Part I.

3. Power of Provincial Government to make rules determining value of land for jurisdictional purposes.

4. Valuation of relief in certain suits relating to land not to exceed the value of the land.

5. Making and enforcement of rules.

6. [Repealed]

PART II

[Repealed]

7. Extent and commencement of Part II.

8. Court-fee value and jurisdictional value to be the same in certain suits.

9. Determination of value of certain suits by High Court.

10. [Repealed]

PART III

[Repealed]

11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes.

12. Proceedings pending at commencement of Part I or Part II.


[1]THE SUITS VALUATION ACT, 1887

(Act VII of 1887)

[11 February 1887]

An Act to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto.

Preamble.— WHEREAS it is expedient to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto;

It is hereby enacted as follows:-

1. Title.— This Act may be called the Suits Valuation Act, 1887.

PART I

[2][* * *]

2. Extent and commencement of Part I.— This part shall extend to such local areas, and come into force therein on such dates, as [3][the Provincial Government], by notification in the [4][Official Gazette], directs.

3. Power of Provincial Government to make rules determining value of land for jurisdictional purposes.— (1) The [5][Provincial Government] may [6][* * *] make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court-fees Act, 1870[7], section 7, paragraphs (v) and (vi), and paragraph (x), clause (d).

(2) The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area and may prescribe different values for different places within the same local area.

4. Valuation of relief in certain suits relating to land not to exceed the value of the land.— Where a suit mentioned in the Court-fees Act, 1870[8], section 7, paragraph (iv), or Schedule II, article 17 [9][or 22] relates to land or an interest in land of which the value has been determined by rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought is valued shall not exceed the value of the land or interest as determined by those rules.

5. Making and enforcement of rules.— (1) The [10][Provincial Government] shall before making rules under section 3, consult the High Court with respect thereto.

(2) A rule under that section shall not take effect till the expiration of one month after the rule has been published in the [11][official Gazette].

6. [Repeal of section 14 of the Madras Civil Courts Act, 1873]. Omitted by A.O., 1949, Schedule.

PART II

[12][* * *]

7. Extent and commencement of Part II.— This part extends to [13][the whole of Pakistan], and shall come into force on the first day of July, 1887.

8. Court-fee value and jurisdictional value to be the same in certain suits.— Where in suits other than those referred to in the Court-fees Act, 1870[14], section 7, paragraphs (v), (vi) and (ix), and paragraph (x), clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870[15], the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.

9. Determination of value of certain suits by High Court.— When the subject-matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870[16], section 7, paragraphs (v) and (vi) and paragraph (x), clause (d), is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may, with the previous sanction of the [17][Provincial Government], direct that suits of that class shall, for the purposes of the Court-fees Act, 1870[18], and of this Act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the High Court thinks fit to specify in this behalf.

10. [Repeal of section 32, Punjab Courts Act, 1884 (XVIII of 1884)]. Repealed by the Amending Act, 1891 (XII of 1891), section 2 and Schedule I.

PART III

[19][* * *]

11. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes.— (1) Notwithstanding anything in section 578 of the [20]Code of Civil Procedure, an objection that by reason of the over-valuation or under-valuation of a suit or appeal a Court of first instance or lower appellate Court which had not jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate Court unless—

(a) the objection was taken in the Court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate Court in the memorandum of appeal to that Court, or

(b) the appellate Court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was over-valued or under-valued, and that the over-valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.

[21][Provided that in suit for accounts the value for purposes of jurisdiction as determined by the court at any stage of the trial shall be final and conclusive and shall not be liable to be contested in appeal or revision].

(2) If the objection was taken in the manner mentioned in clause (a) of sub-section (1), but the appellate Court is not satisfied as to both the matters mentioned in clause (b) of that sub-section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the Court of first instance or lower appellate Court.

(3) If the objection was taken in that manner and the appellate Court is satisfied as to both those matters and has not those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals; but if it remands the suit or appeal or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit or appeal.

(4) The provisions of this section with respect to an appellate Court shall, so far as they can be made applicable, apply to a Court exercising revisional jurisdiction under section 622 of the [22]Code of Civil Procedure or other enactment for the time being in force.

(5) This section extends to [23][the whole of Pakistan], and shall come into force on the first day of July, 1887.

12. Proceedings pending at commencement of Part I or Part II.— Nothing in Part I or Part II shall be construed to affect the jurisdiction of any Court—

(a) with respect to any suit instituted before rules under Part I applicable to the valuation of the suit take effect, or Part II has come into force, as the case may be, or

(b) with respect to any appeal arising out of any such suit.


FOOT NOTES

[1]For statement of objects and reasons, see Gazette of India, 1886, Pt. V, p. 791; for Report of the Select Committee, see ibid., 1887, Pt. IV, p. 18; and for Proceedings in Council, see ibid., 1886, Supplement, pp. 1131 and 1155, and ibid., 1887, Pt. VI, pp. 16 and 21.

This Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913). It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950, (G.G.O. 3 of 1950), and applies in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.

[2]The heading, “Suits Relating to Land”, deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of 1942).

[3]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “G.G. in C”.

[4]Substituted ibid., for, “Gazette of India”.

[5]Substituted ibid., for “Local Government”.

[6]The words, “Subject to the Control of G.G. in C”, repealed ibid.

[7]VII of 1870.

[8]VII of 1870.

[9]Inserted by Punjab the Suits Valuation (Punjab Amendment) Act, 1938 (I of 1938).

[10]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[11]Substituted ibid., for “Local Official Gazette”.

[12]The heading, “Other Suits”, deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of 1942).

[13]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation”, which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “the whole of British India”.

[14]VII of 1870.

[15]Ibid.

[16]Ibid.

[17]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[18]VII of 1870.

[19]The heading “Supplemental Provisions”, deleted by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of 1942).

[20]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908 (Act VI of 1908).

[21]Added by the Suits Valuation (Punjab Amendment) Act, 1942 (XIII of 1942).

[22]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908 (Act V of 1908).

[23]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation”, which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “the whole of British India”.