THE 24TH CERTIFICATES AWARDING CEREMONY FOR THE ADDITIONAL DISTRICT & SESSIONS JUDGES/ PARTICIPANTS OF THE 24TH TRAINING COURSE AT THE FEDERAL JUDICIAL ACADEMY, ISLAMABAD

LIST OF NOTIFICATIONS REPRODUCED IN THE <!--[if gte mso 9]> THE 24TH CERTIFICATES AWARDING CEREMONY FOR THE ADDITIONAL DISTRICT & SESSIONS JUDGES/ PARTICIPANTS OF THE 24TH TRAINING COURSE AT THE FEDERAL JUDICIAL ACADEMY, ISLAMABAD SPEECH By Mr. Justice Nazim Hussain Siddiqui Chief Justice of Pakistan [8th May 2004] Mr. Justice Muhammad Nawaz Abbasi, Judge‑in‑charge, Federal Judicial Academy; Ch. Hasan Nawaz. Director General, Federal Judicial Academy; Distinguished guests; Dear participants of the training course; Ladies and Gentlemen: Assalam‑o‑Alaikum! It gives me immense pleasure to be amongst you at this Certificates Awarding Ceremony, which is being held at the conclusion of the 24th Training Course organized by the Federal Judicial Academy for the Additional District & Sessions Judges from Punjab and Azad Jammu and Kashmir. I congratulate the participants on successful completion of three weeks in‑service training course. It is now recognized throughout the judiciaries of the world that Judges should participate in continuing education because this is, among other things, an appropriate means to increase efficiency and skill among them. I am sure this in‑service orientation‑cum‑training course must have given you a good idea as to the trial procedure and better comprehension of legal concepts and principles through the learned discourses of the resource persons who include serving and retired Judges of the Superior Courts subordinate Courts, lawyers, academicians and other professionals with rich knowledge and vast experience. The syllabus of your training course comprises good combination of theory and practice of civil and criminal law, Islamic jurisprudence and Constitutional principles. Court administration, case management and judicial etiquette. However, if you find something lacking in the course components. I encourage you to send your feedback to the Director General so that he can take care of the deficiencies and make the training programmes more useful. Good governance is a key to progress, development and ultimate prosperity. A well organized, efficient and fully functional system of administration of justice is an essential component of governance and it also plays a major role in ushering in good governance. Therefore, administration of justice must receive due priority and urgency. A Judge has to perform his functions undaunted by the difficulties and problems faced by him in his daily life. It is true that the working conditions of Courts, particularly at the lower levels, are in dire need of improvement. Our Judges do not have proper Courtrooms, residences, libraries and other requisite infrastructure. Their strength is inadequate, their dockets are longer, but they are not provided with requisite paraphernalia. Litigation is multiplying everyday, but corresponding measures are far behind. Having said that, I believe, this state of affairs should not make us lose our hearts. The reason is that our lower judiciary avow a days is working in a much better condition than the times I was a Civil Judge or an Additional District & Sessions Judge. I, and the Judges of my time, have lived through more difficult times. Certainly, there is improvement, although not of desired volume and quantum. I am sure, the things will further improve in the coming days. Dear participants: I like you to go back with a new vision, a new approach and a renewed zeal, commitment and dedication to your job, which is the most challenging and the most demanding. A person, who has chosen in his life to be a Judge, must be alive to the high demands and expectations interwoven with and inherent in the institution of judiciary. Judgeship is not a bed of roses. It is a job, which carries no pomp and show, but at the same time it is one of the most respectable professions. An honest Judge enjoys greatest respect in the society. Doing justice is not a routine affair. Every day of a Judge is an examination day‑ rather a day of judgment. In the literal sense also his, every day is a judgment day, because he has to write many judgments everyday. He conducts trial and also stands to trial. As Additional District & Sessions Judges, you will now be conducting trial of murder cases. It's a delicate job and requires to be performed with greatest care and caution. In fact, entire judicial work requires minute attention. Henceforth, you will also be functioning as Appellate/revisional Court in a variety of civil and criminal matters. This requires a different approach. While working at a higher level in the judicial hierarchy. you will be required to supervise and control the working of the trial Courts through your judgments. You have to be objective in analyzing the conclusions drawn at the lower level. Appellate Courts should always keep in mind that valuable rights accrue in favour of the judgment creditor. Therefore, they should be very cautious in suspending the operation of the judgment of the trial Court. It is a well‑settled proposition of law that mere pendency of a proceeding in a higher forum does not operate as a stay of proceedings in the lower forum. Likewise, the filing of the appeal/revision does not mean suspension of the operation of the impugned judgment. The lower Courts should ensure that no one takes undue advantage on this account. While issuing stay orders in the interest of justice, you should ensure that this discretionary relief is not misused by unscrupulous litigants. The best way is to decide the main case at the earliest. It has been observed quite often that the Courts at the lower level do not proceed with the cases when they are informed that the matter has been taken to a higher Court. This is not the right approach. They must insist on production of stay order from the higher Court. Unless a stay order is produced before them, the lower Courts should not stop their hands and they must‑go ahead with the proceedings pending before them. Delay in dispensation of justice erodes the confidence of the litigant public in the Court system. One major cause of delay is .the incidence of adjournments, which every Court confronts. It is a very serious issue and must be handled with due diligence. Adjournments are sought and granted in routine. Unless the Judges and the lawyers make concerted efforts to avoid the phenomenon of adjournments, the goal of expeditious dispensation of justice will remain illusory. Pace of trial proceedings to civil anti criminal cases must be quickened. Judges must spend more time in the Courtrooms, in conducting trials and resolving disputes. Equally, the members of the legal profession must extend their fullest support and cooperation in the dispensation of justice. The press must also play its due role in highlighting the issues and problems confronting the system of administration of justice in the country. I hope you will carry back pleasant memories of your stay in the country's capital, which contains a lot in terms of sight‑seeing and clean environment unmatched with any other city in Pakistan. In the end, I once again congratulate the participants on successfully completing the training course. Thank you very much.