Efficient contract enforcement is essential to economic development and sustained growth. Overall, enhancing the efficiency of the judicial system can improve the business climate, foster innovation, attract foreign direct investment and secure tax revenues. Economies with a more efficient judiciary, in which courts can effectively enforce contractual obligations, have more developed credit markets and a higher level of development overall.
Doing Business is a flagship report of the World Bank Group. In this report, globally 190 economies are ranked on their ease of doing business for an overall ten indicators, including, Enforcing Contracts. For Enforcing Contracts indicator, Doing Business measures the time and cost for resolving a commercial dispute through a local first-instance court and the quality of judicial processes index, evaluating whether each economy has adopted a series of good practices that promote quality and efficiency in the court system.
In past, Pakistan struggled with weak contract enforcement due to variety of reasons. The Lahore High Court has under the guidance of Chief Justice Mr. Justice Qasim Ali Khan and Mr. Justice Jawad Hassan led the initiative on designating independent judges in civil courts for cognizance of commercial cases. Such initiatives would immensely facilitate the litigants. The ranking of Pakistan for Enforcing Contracts indicator is also expected to improve.
The data for determining rankings is collected through study of the codes of civil procedure and other court regulations as well as questionnaires completed by local litigation lawyers and judges. More information on this indicator can be obtained here: https://www.doingbusiness.org/en/methodology/enforcing-contracts
The Lahore High Court Lahore being the oldest institution in Asia, has always taken initiative in redressing grievances of the public at large, battling human rights breaches, and addressing great questions of tomorrow. In the similar fashion, it has, lately, gone an extra mile helping ensure the speedy disposal of overseas Pakistani litigations through innumerable policy initiatives taken in this connection, including and not limited to marking of cases to special judges, setting a fixed time limit to conclude matters pending adjudications, operationalization of awareness outlets eg. "Sahulat Centre" (2016) so on and so forth. The importance of overseas Pakistanis can well be estimated by the fact that they are as much a citizen of Pakistan as anyone else is, and if report of Ministry of Overseas Pakistanis and Human Resource Development is something to go by about 7.6 million Pakistanis are living abroad and are a great source of funneling huge amount of remittances back home, constituting a substantial chunk of economic backbone of Pakistan. Therefore, annexing paramount importance to the question of overseas litigants, the recent giant leap, in this regard, has been a momentous decision taken by the then Hon'ble Chief Justice Mr. Justice Sardar Muhammad Shamim Khan with reference to the establishment of an Overseas Pakistanis Cell-LHC, to operate under the supervision of a Director, Secretary and support staff for resolution of problems of Expatriate Pakistanis regarding the pendency of litigation in the largest Province of Pakistan i.e. Punjab.
Special Benches at the level of High Court, comprising
Hon’ble Mr. Justice Muhammad Qasim Khan (Criminal Matters),
Hon’ble Mr. Justice Shujaat Ali Khan
(Civil and Constitutional Matters),
Hon’ble Mr. Justice Ch. Muhammad Masood Jahangir (Civil Matters)
& Hon’ble Mr. Justice Jawad Hassan (Constitutional, Commercial & Foreign Awards Matters) have also been constituted by the Hon’ble Chief Justice and nominated their lordships as notified Special Judges to deal with all the pending cases pertaining to overseas Pakistanis.
It is worth mentioning here that Hon'ble Mr. Justice Syed Mansoor Ali Shah, the then Hon'ble Chief Justice of this Court had also taken keen and practical interest in resolving problems of Overseas Pakistanis by holding series of meetings with the Governor, Punjab, Overseas Pakistanis Commission and other stake-holders to identify issues and find their solution. As a result of this, a window was opened for the Overseas Pakistanis in the already established "Sahulat Center" at the Directorate of District Judiciary.
The Cell shall take care of following aspects of the cases of Overseas Pakistanis:-
- Illegal possession of their properties in Punjab or any threats thereof;
- An inordinate delay in decision of cases;
- Frauds regarding properties purchased by them;
- Inability to pursue their court cases from abroad and hurdles in employing counsel;
- A webpage in the existing official website of Lahore High Court to be created for dissemination of objectives of the Cell, extending information to the overseas litigants regarding the current status of their cases and its functioning parameters;
- An online web portal to be developed to address the queries of the overseas litigants in this connection to the extent of Lahore High Court, Lahore. The Director and the Secretary of the Cell shall maintain a constant liaison and interaction with the Overseas Pakistani litigants in order to facilitate them. In this regard, IT Branch-LHC shall extend its complete support to the cell, whenever needed.
- The Overseas Pakistanis while visiting Pakistan may also in person approach the director or secretary of the cell to seek any kind of information or help, as the case may be. Their Counsels/Representatives/ Relatives living in Pakistan will also be facilitated accordingly at the cell regarding litigational issue.
- The Telephone help-line, in addition to the online facility, will also be established at the cell for the provision of speedy information;
- The complaints with regard to fixation or early disposal of their cases at Lahore High court will be redressed promptly by the Hon'ble Special Judge, nominated in this behalf in conjunction with the coordination of "OPC-LHC".