Supreme Court of Pakistan: While addressing the serious issue of non-availability of accurate version of Pakistani laws either in the written format or on the official website, the Bench of J.S. Khawaja, E.A. Khan and Q.F. Isa, JJ., issued directions to the Law Officers and Law Secretaries and the Federal and Provincial governments, to ensure proper compilation and display of the Pakistan Code and other Provincial Codes.
The immediate need to address the issue arose as a vital omission in Section 23 of the Contract Act, 1872, published by Al Qanun Publishers, was noticed. Along with it, the Court also observed that there have been cases of gross negligence in the publication of law books and notices were issued to the bar councils and the Federal and Provincial Governments, but still the issue was not resolved. Also it was observed that by the Court that there is no existing law that imposes criminal/civil liability on authors and publishers for inaccurate rendition of law. Further pointing out the dismal state of affairs, the Court stated that their immediate neighbours, the Union of India, has ensured a chronological compilation of their laws in Hindi and English along with other major vernacular languages, also every state have their own websites which ensure the accessibility of the legislations to the common public.
Observing the overall incompetence of the governing authorities and recognizing the negative impact that inaccurate version of laws can have on the legal profession; the Court issued the following directions-
· The Pakistan Code to be compiled and made available both online and in printed form. A compendium of complete laws of Pakistan is to be made available to the public at affordable prices
· The consolidated index shall be arranged in alphabetical order consisting of title of the statute. For further improvements references can be taken from other Codes published by common law countries of the subcontinent.
· The Code shall consist of footnotes, marginal notes and amendments made from time to time.
· The Code shall be translated into the national language and other vernacular languages existing in Pakistan.
· The Subordinate legislations are to be compiled along with the Code and to be made available to the common public at affordable prices.
The legislative regime of the country is to work towards the enforcement of mechanisms ensuring accurate compilation of statutes by the publication houses. In the matter of printing and publishing, 2015 SCC OnLine Pak SC 1, decided on 28.01.2015