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²²The laws are mostly inclined towards the interest of the employer. For example, Workmen's Compensation Act, 1923 is a strict liability and utilitarian logic colonial law which is still appli­cable in Pakistan, creating a ceiling on compensation. This law along with the Factories Act, 1934 and Mines Act, 1923 are bureaucratic Commissioner and Inspector based laws in a society ripe with corruption. Similarly, Employees Old-Age Benefit Act, 1976 makes government contribution optional, have no effective deterrent for non-payment of dues, and covers a limited range of industries, excluding a huge increasing informal sector. For a situation on minimum wage inspite of Minimum Wages Act, see SA Rasheed, Minimum Wages, Dawn, Karachi, (10 March 2015) last visited August 21, 2015 ; See Workmen's Compensation Act, 1923 (Act No. VIII of 1923), Ch 34; OldAge Benefits Act, 1976 (Act No. XIV of 1976) Ch 21; Minimum Wages Ordinance, 1961 (Ordinance No. XXXIX of 1961), Ch 30; Payment of Wages Act, 1936 (Act No. IV of 1936), Ch 31, in M. Shafi & P Shafi, Labour Code of Pakistan,

³⁹This is evident from three Nobel Prizes in this area for Ronald Coase 1991, Douglas North 1993, and Oliver Williamson 2009 in last few decades.

²⁸S Anwar-ul-Haq has summarized the report, see Anwar-ul-Haq, ibid 50. He is also of the view that Civil Services should not be discarded as “ruling elite” which is a relic of the colonial past and he resented Yahya’s Civil services reforms in 1970-71, see S Anwar-ul-Haq, Revolutionary Legality in Pakistan (Pakistan Writers’ Co-operative Society, Lahore, 1993) 303; This opinion was shared by Justice (Ret) Saiduzzaman Siddiqui in a speech delivered at National Defense College, Islamabad to the Senior Cadre Officers of the Armed Forces of Pakistan and Friendly Countries in

⁸⁵Meaning incorporating social concerns into the agenda of market and development reforms, in the form of a Comprehensive Development Framework (CDF), see R Kerry. The Future of Law and Development: Second-Generation Reforms and the Incorporation of the Social, in, David M Trubek & Alvaro Santos (eds) Law and Development Theory and the Emergence of a New Critical

¹⁸⁵In similar fashion, Prime Minister Nawaz Sharif started publicly visiting sites of domestic violence, patted the heads of victim, and produced the slogan that justice should be provided at the door step and should be cheap and quick, see jehan Zulm wahan Nawaz Sharif (wherever there was cruelty, Nawaz Sharif would be there to redress). Sajjad, a justice of SC, started acquitting the accused and for this was silently removed by the Chief Justice SC. He made the observation in the

²⁷⁶An example is the Wahab-ul-Khairicase. In a PIL case, he challenged the private interests of the military.

⁷⁰They recommended an independent commission which would consist of 50% from the ruling coalition and 50% from the opposition. This charter was signed between the leaders of the PPP headed by BB and that of PML-N headed by Nawaz Sharif in London on 14 May 2006. Paras 3 and 4 of Section A (Constitutional Amendments) were concerned with appointment of judiciary and the role of judiciary in constitutional manners. For the appointment of judges, a commission was proposed consisting of judiciary and Bar Councils representatives and provincial and central law officers. This commission would forward three names for each vacancy to Prime Minister who will move one name for each vacancy to a Joint Parliamentary Committee consisting of fifty members of opposition and the ruling party. There were also provisions in the Charter for the abolition of Anti-terrorism and Accountability courts (3(d)). To bring about democracy within the

¹⁶⁶The federal judicial academy was established in 1988 with the help of Asia Foundation. This idea was first given by Judge Clifford Wallace of a US Circuit Court of Appeals and the Senior Advisor to the Asia Foundation on Legal Education and Judicial Administration to then Supreme Court Chief Justice Muhammad Haleem. See M Haleem, Speech delivered on the Inauguration Ceremony of Federal Judicial Academy, PLJ (1988) Magazine Section 143. See also S Akhtar, JSC, In-Service Training for Civil Judges and Judicial Magistrates, PLD (2006) Journal

²³⁹This is not to make an accusation of ‘foreign hands’ in the lawyer’s movement but to focus attention on the nature of the discourse promoted in the support. See particularly the support of