ISLAMABAD (APP): President of Pakistan promulgated the Anti-Rape (Investigation and Trial) Ordinance, 2020 on 17th December, 2020 whereunder designation of Special Courts throughout Pakistan was envisaged for effective prosecution/trial and expeditious disposal of scheduled offences specified in the said Ordinance.
The Ministry of Law & Justice under section 15 of the Ordinance had constituted a Special Committee under the chairmanship of Barrister Maleeka Ali Bokhari, Parliamentary Secretary for Law and Justice. This Special Committee was overseeing the implementation of the said law.
According to the press release issued by MoL&J here on Tuesday, the said committee being well cognizant of the significance of the mandate of the Ordinance and need for speedy redressal of rape and cases involving sexual offences has not left any stone unturned in achieving the same.
After the promulgation of said Ordinance, the Ministry of Law & Justice upon directions of Parliamentary Secretary of Law & Justice wrote to the Chief Justice of Pakistan for designation of Courts of Session Judges throughout Pakistan as Special Courts under Anti-Rape (Investigation & Trial) Ordinance, 2020.
The Chief Justice of Pakistan was kind enough/pleased to approve the designation of all courts of Session Judges as Anti-Rape Special Courts throughout Pakistan under Anti-Rape (Investigation & Trial) Ordinance, 2020.
Thereupon, under the direction of chairperson of Special Committee a summary was prepared by Ministry of Law and Justice for the consideration of President of Pakistan, who was empowered under the said law to designate the Anti-Rape Special Courts throughout Pakistan provided prior consultation with the Chief Justice of Pakistan was held. The summary for the President of Pakistan was routed through the office of Prime Minister.
The summary stated that it was a rudimentary principle of law that “if law required a thing/act to be done/performed in a certain manner, then that thing would only be done in that manner and not otherwise” There was an elaborate mechanism devised for the passage of summaries in the corpus juris of Pakistan where numerous codal formalities are to be fulfilled.