Alternate Dispute Bill approved in potential landmark legislation

Author: tarique siyal

ISLAMABAD: The Standing Committee on Law and Justice approved the Alternate Dispute Resolution (ADR) Bill 2016, and the Costs of Litigation (CL) Bill, 2016.

The committee met in Parliament House on Wednesday under the Chairmanship of Chaudhry Bashir Virk.

The Committee considered the ADR Bill 2016, and approved it with some amendments. Federal Minister for Law and Justice Zahid Hamid said that the ADR system can facilitate the settlement of disputes without resorting to formal litigation. He said that in every civilised society, there have been constant efforts to evolve ways and means for speedy dispensation of justice.

“There is a huge backlog of cases in both subordinate and superior courts of the country. It is, therefore, necessary to find simpler and faster alternates which can supplement the traditional legal system. Litigation is a very lengthy and expensive process. There is a worldwide trend to adopt ADR, such as conciliation, arbitration, mediation and panchayat can be used effectively for settlement of disputes to overcome delays and provide inexpensive justice.

Naved Qamar of PPPP demanded an amendment and said that the crime of murder should not be settled through ADR. Zahid Hamid said that it depends upon the parties and if they agreed for resolution through ADR, they should have the right to it. Qamar gave his dissent note on the matter.

Khan said that Islam also gave the option of Qisas, even on murder. The Committee considered the Costs of Litigation Bill 2016 presented by the government, and approved it with certain amendments. In the original bill, public servants shall not be liable to adjournment. Qamar suggested amendments if government officials were involved in the adjournments and delayed in cases, which currently are, should also be made to pay adjournment costs. S.A Iqbal Quadri of MQM said that in the courts most of time, government officials are the cause of why cases were pending.

According to the bill, the adjournment costs of the date fixed for a hearing in any proceedings should a party to the proceedings orif any other person fails to appear or comply with any order of the Court, the Court shall grant such adjournment on the condition that such party or person shall pay the other party.

In the meeting, Aisha Syed asked that Dr. Aafia’s release be pressed for with the US authorities. The Minister for Law responded that Dr. Aafia’s case be taken up by the government with the USA. He said that if anybody had the evidence that any website was involved in blasphemy, it should be reported as an electronic crime.

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