Peshawar - The lack of interest of the Khyber Pakhtunkhwa government in removing the reservations of legal fraternity about the amendments in the CPC has made litigants suffer for the last three weeks. 

The lawyers’ strike, which was started on 17th of October has to the third consecutive week but still there is no sign from the government side to meet the lawyers’ demands and they return to the courts. The government and legal community have held several meetings to address the reservations raised by the lawyers in the CPC amendments, but still the result is fruitless. 

During this continued conflict, the local litigants have suffered the most. They come early in the morning with the hope to attend the courts and get some positive remedy of their problems but they retun back empty handed due the strike. Every day long lists of cases is put on the notice boards on different courts, courts’ heads were also present on their seats and all-day waiting for counsels.

It is to be recalled that the Khyber Pakhtunkhwa government had passed the controversial amendments in Code of Civil Procedure Act on Oct 15, 2019, pronounce that it will come into force immediately. In the Act, several important changes were made to the colonial law. Through these amendments, the government claimed that it would be very helpful in providing speedy justice to litigants in civil cases. 

The lawyers’ community strongly opposed these amendments and claimed that these amendments in the CPC, they have abolished one important forum of appeal against the judgment of a civil judge and instead of the district and sessions judge, the appeal had to be filed directly in High Court. The legal communities also alleged that such amendments had not been made by other provinces of the country, which they called discrimination with the people of Khyber Pakhtunkhwa, who has suffered a lot due to the war on terror.  

The lawyers also claimed that they have submitted a draft of proposal in the amendments before the government in July this year but the government appointed committee has ignored it. Later, Bar Council Vice Chairman, Shahid Raza Malik had challenged these amendments in the Peshawar High Court and requested the court to direct the Khyber Pakhtunkhwa government to abolish the controversial changes made in CPC.  In last hearing, the Peshawar High Court bench comprising Justice Lal Jan Khattak and Justice Syed Arshid Ali asked both the committees to try to resolve the issue by November 3.