Federal Judicial Academy Center Of Excellence

FEDERAL JUDICIAL ACADEMY, CENTER OF EXCELLENCE FEDERAL JUDICIAL ACADEMY, CENTER OF EXCELLENCE By Dr. Zaheer-ud-Din Babar Awan; Federal Minister for Law, Justice and Parliamentary Affairs, Pakistan Federal Judicial Academy was established under Act No.XXVIII of 1997 to provide for proper training of judicial officers and court personnel in order to improve the professional competence of judges and the quality of justice administered in the courts. Its main objects are (i) orientation and training of new Judges, Magistrates, Law officers and court personnel; (ii) in-service training and education of Judges, Magistrates, law officers and court personnel; (iii) holding of conferences, seminars, workshops and symposia for improvement of the judicial system and quality of justice; and (iv) publishing of journals, research papers and reports. To make the Federal Judicial Academy as a Center of Excellence, effective and qualitative for the purpose of judicial education and for enhancement and delivery of timely justice focusing on delay and arrears reduction (DAR); and enhancing the quality and responsiveness justice (QRJ) and that the judicial education should be knowledge sharing for problem solving, the following suggestions / proposals are proposed for consideration:- SUGGESTIONS/ROPOSALS FOR FEDERAL JUDICIAL ACADEMY---CENTRE OF EXCELLENCE: 1. Pay, package and allowances of the officers of the Center/Academy should be on the pattern of the Supreme Court of Pakistan. 2. Appointment, Promotion and Transfer Rules for the post of Director-General should be made and the post of DG should be in BS-21 or 22, because under subsection (4) of section 10 of the Act, 1997, the Director-General shall be the Principal Accounting Officer of the Center/Academy and because the post of DG is highly responsible post and the DG should not feel any complex of inferiority before the other officers of the Federal/Provincial Governments when he holds meetings or through communications. 3. Appointment, Promotion and Transfer Rules for the gazetted officers and other non-gazetted staff should be made on the pattern of the Supreme Court Rules, and therefore, they may be given proper opportunities of promotion according to their length of service, qualification, status and experience. Right of appeal to the employees be given against the decision of the Director General; the posts of the officers and staff should be filled in accordance with the prescribed rules. 4. The management, overall control and supervision of the affairs of the Center/Academy shall be carried on by the Director-General under the general directions of the Board. 5. The academic level of Academy should be increased to such an extent that training from the Academy can be made necessary for judges of the subordinate judiciary for advancement in their careers. 6. All the High Courts should lay down a procedure and policy for evaluating the promotion of the judicial officers and training should be compulsory before their promotion, like the Federal Government officers. 7. At the time of promotion of the judicial officers the quality and quantity of judicial work should be given priority. 8. Once in a year evaluation and performance of the Academy during the preceding year should be observed and to ensure that the Academy performs according to its statutory functions, the concerned Registrar of the High Court may be asked to make brief and presentations of its accomplishments during the year covering the quality of judicial work of the judicial officers. The underlined idea was to formulate a comprehensive strategy to overcome the issues faced by the Academy and to put the Academy on the right direction. 9. There should be self-accountability process; trial courts should establish their legal and organizational boundaries, monitor and control their operations, and be accountable for their performance. 10. Expeditious and timely decisions; the courts should introduce a policy to implement systematic program for case-delay reduction. 11. There should be atmosphere or guidelines to improve good relationship between judiciary and media for solving the problems of the downtrodden people of Pakistan. 12. Public trust and confidence: courts should work in an accessible, fair and accountable way where there is a high level of public trust and the grievances of the public should be redressed in an easy way. 13. There should be practicable solutions and techniques for meeting the challenges within existing constraints, as well as to improve systemic and structural change to strengthen the administration of justice. 14. To promote visionary leadership and strategic planning as court administrators. 15. There should be training mechanism to public prosecutor to prepare, a good case on behalf of prosecution so that the criminals may not escape from punishment. 16. The Centers for Excellence Act, 1974 (Act No. XXIV of 1974) is-also attached. 17. The Academy should be degree awarding institution. 18. VISION - of the Academy should be judicial education and should enhance the delivery of timely justice, quality, integrity, fairness, transparency, impartiality, accessibility, independence of decision making and competence. 19. MISSION - of Academy should be to enhance timely justice, focusing on (i) delay and arrears reduction (DAR); and enhancing the quality and responsiveness justice (QRJ). The judicial education should be "knowledge sharing for problem solving". 20. The Academy should prepare yearly calendar in every financial year whereby set the targets for achieving the goals and objectives in the year. The following training programmes are proposed: For newly appointed Civil Judges. This programme will provide an opportunity to the newly appointed civil judges inputs on the critical factors that determine the quality of a judicial system. National Conference of District and Sessions Judges. These conferences will provide District and Sessions Judges of the country a unique forum to share knowledge and experience on the challenge of reducing delay and arrears and enhancing quality and responsiveness of justice. Adjudication of murder cases. These programmes focus on adjudication of murder cases where substantive, procedural law, judging, decision making skills and evaluation of quality of work. Workshops on delay reduction. There should be conference focusing on delay reduction, arrears reduction and responsiveness of justice. Seminar on the contribution of the Supreme Court to the Development of law since March, 2009. These programmes will bring together district judiciary judges from across the country to discuss new areas of legal development. Participants will be expected to present papers on the major decisions of the Supreme Court of Pakistan contributing to the development of law since March, 2009. Seminar on recent developments in criminal law. To bring together district judiciary judges from across the country to discuss new areas of legal development and challenges facing the judicial system. Participants will be expected to present papers on recent developments in criminal law in their High Courts jurisdiction, covering statutory law and important case law of their High Court, Federal Shariat Court as well as the Supreme Court. Adjudication of cases involving children. This programme focuses on adjudication of cases involving children covering Juvenile Justice Ordinance 2000, laws against Trafficking of children and child labour. Seminar on recent developments in Civil, Commercial and Economic Law. Participants will be expected to present papers on recent developments in civil, commercial and economic law in their High Court jurisdiction, covering statutory law and important case law of their High Courts. Workshop on judicial conduct and ethics. This programme will focus on judicial conduct and ethics, covering law, standards, practice, implementation, evaluation and other key aspects. Conference of High Courts Judges The conference should provide an opportunity for High Court Justices from across the country to discuss new areas of legal development and challenges facing the judicial system. This programme will review jurisprudence and the role of courts in relation to poverty eradication, social exclusion and social justice. Adjudication of Family Disputes. This programme should focus on adjudication of family disputes. Workshop on Techniques and Tools for Stress Management by Judges. This programme will focus on techniques and tools for stress management by judges. Adjudication of Complex economic cases. This programme focuses on adjudication of complex economic cases (including Anti-Corruption Cases; Money Laundering and serious fraud cases). Adjudication of atrocities against women. Focuses on adjudication of cases involving social atrocities against women (Dowry, Cruelty to Women and Domestic Violence). Environmental Protection. This programme will discuss in-depth the main challenge of environmental protection and the role of Courts. Workshop on trial Process management, poverty and social justice. This programme will focus on trial process management and social justice. Social Reform, Protection of Constitutional Rights and Civil Liberties Cases. Focuses on adjudication of cases involving social reform legislation and civil and political human rights cases (including protection of Constitutional Rights, discrimination, Human Rights cases, police atrocities cases and prisoners' rights cases). Appeals and revision proceedings. This programme will focus on management of appeals and revision proceedings. Strengthening Criminal Justice Administration. These programmes will lay special emphasis on strengthening criminal justice administration. Selected participants will be requested to make presentations on the challenges facing criminal justice adjudication and measures that may be taken within existing constraints for strengthening the system. Use of ADR and Plea- Bargaining for reduction of delay and arrears in courts. This programme will focus on effective use of ADR and Plea-Bargaining for reduction of delay and arrears in courts. Adjudication of civil disputes. This programme focuses on adjudication of civil disputes (Property; Land Acquisition, Contracts; Torts; Commercial and Land Law). Adjudication of consumer disputes and tax laws. This programme focuses on adjudication of consumer disputes and tax laws (income tax, customs duty, sales tax and central excise duty). Judicial Workshop on Judgment Writing. This programme will focus on enhancing judgment writing skills. Labour and industrial disputes. This programme focuses on adjudication of labour and industrial disputes. Training of Lawyers and Law Officers. To equip the lawyers as well as Law Officers with professional skill in dealing with civil procedure, criminal trial, civil service, existing laws, professional conduct, IT management, use of web and art of presentation the case before court.