IMPORTANT LAW WEBSITES
most, distinctive and characteristic aspect of judicial dispensation is
that a judge performs his functions in full public view; which
facilitates critical appraisal and gives rise to an expectation that he
would give his best in terms of punctuality, politeness, temper control,
patience and capacity for sustained over all performance. The bar which,
as a body, is concerned and closely associated with the administration
of justice, is also acutely sensitive to the performance of a judge and
its responses and reactions are usually closer to truth. The judiciary
is thus exposed to intense and critical public scrutiny, which is
neither unusual nor extraordinary. In this view of the matter,
therefore, we have to bring about a professional approach, to provide
the judiciary with an important means to demonstrate its competence and
the preservation of the integrity of its independence.
This independence is now fully ensured and guaranteed by the
Constitution of the Islamic Republic of Pakistan. The judicial functions
have been separated from those of the executive. Even in financial and
disciplinary matters, the apex court and the High Courts are, with their
on budget and infrastructure, independent and free from all shackles.
What is now required, for fulfillment and complete achievement of the
concept of independence, is fear of God and piety on the part of judges,
such as is indispensable for Quran and Shariah based judicial
consciousness and values.
In the context of these considerations of vital importance, nothing can
be more in place for an introduction to the Federal Judicial Academy and
the aims and objects of its establishment, than a reference to the
Quranic verses on the role and significance of justice for the creation
of a civilized society. In verse number 135 of Sura Un-Nisaa it was
ordained: "O believers, stand firm for justice while giving witness
for Allah, even though it may be against your own selves or your parents
or your kins". In verse number 8 of Sura Al-Maidah Allah Almighty
says that "always do justice as it is nearest to piety". Then,
reliance may also be placed upon verse number 90 of Sura Nahal which
enjoins: "Surely, Allah enjoins justice and kindness".
It may be noticed that in verse number 135 of Sura Un-Nisaa, it has not
been taken as sufficient only to say that adopt the path of justice, but
it was ordained that we should be the flag bearers of justice. We are
under a religious obligation, not only to do justice ourselves but
also to exhort others to promote the cause of justice. As Muslims, we
are duty bound to constitute the kind of support which is required for
the establishment of an efficient and equitable system of justice.
The preamble and article 2A of the Constitution of the Islamic
Republic of Pakistan also under score the establishment of an order
wherein the principles of democracy, freedom, equality, tolerance and
social justice, as an enunciated by Islam, shall be fully observed
and the independence of judiciary shall be fully secured
Administration of justice is now universally recognized as one of the
most basic obligations of a state. For us it is a religious imperative.
It hardly requires an emphasis that, with reference to the prevalent
socio-political and economic situation in the country, our survival as a
nation can be possible only with establishment of a system where only
merit is the rule and which will ensure fair, efficient and speedy
administration of vertical, horizontal and all embracing justice; as
would annihilate, tyranny, oppression and victimization. This can be
achieved only with the improvement of judicial system and the quality of
judicial business. In the background of these considerations, the role
of a judge is undeniably a basic and an indispensable factor, for we
must have professionally efficient judges to administer a qualitative,
fair and speedy justice. Continuing judicial education has to be
regarded as an accepted part of judicial functions, for growth of the
mental qualities of the judges, necessary for sustenance of judicial
In human resource development, the need, utility and significance of
training for improving efficiency and performance can hardly be
over-emphasized. There is a dire need to develop, "a distinctive
model of judicial education which is designed to address the specific
learning requirements of judges". The tradition of on the job
learning has indisputably been slow and cumbersome and we urgently do
require institutionalization of the training and continuing education of
the judges. Training Academies and Institutions have been set up for
different services, but unfortunately no such arrangements had been made
for the judiciary.
It was in this conceptual background that the First Law Reforms
Commission (1958-59) recommended that the Civil Judges "should
receive an intensive practical training in the functions of a
subordinate Judge for an adequate period of (one or two years) before
they are allowed to work independently," and that during the period
of probation "they should be made familiar with the working of
various departments of Government, including the Police Department, and
that they should be confirmed when they have passed a departmental
The Second Law Reforms Commission (1967-1970) of Pakistan also, inter-alia,
made the following recommendations on the subject:
"A Judicial Service Academy be set up to impart training to
serving and newly recruited judicial officers in substantive and
procedural law, the art of judgment writing, the appreciation of case
law, the interpretation of Statutes and in the general techniques of
planning and organizing judicial work efficiently and with the least
inconvenience to the litigant public."
"The Academy should cater for both the Magistrates and the Civil
"The judicial officers should also be instructed in general
subjects connected with police and revenue administration and imparted
knowledge about the development activities in the country."
"Judicial Officers with less than ten years service should also
be selected by rotation for a short intensive course of training of at
least three months duration at the Academy."
"The Academy should also arrange seminars and Discussion Groups
for judicial officers and members of the Bar to devise ways and means
for improving the work of courts and the quality of judicial
"The Academy, should in course of time initiate comparative
studies in judicial procedure and techniques employed by other
countries to expedite the disposal of court cases."
In consequence of these recommendations and further deliberations, the
Academy was established for the first time in 1988 under a Resolution of
the Government of Pakistan. It was accommodated at different places from
time to time till such time the present regular campus was built by the
Government of Pakistan, amongst others with the contribution of Asia
Foundation. Later, a legal cover to the organization and functioning of
Academy was provided with the enforcement of Federal Judicial Academy
Academy purports to achieve the following aims and objects:-
orientation and training of new judges, Magistrates, law officers and
in service training and education of judges, Magistrates, law officers
and Court personnel;
holding of conferences, seminars, workshops, and symposia for
improvement of the judicial system and quality of judicial work; and
publishing of journals, memoirs, research papers and reports.
The Academy may induce and prompt the establishment of:
"A Federal Judicial Service at the apex, that is to say, at the
level of the Federation to satisfy the ever growing need (a) of the
Ministries/Divisions of the Federal Government for legal advisors and
draftsmen, (b) for Federal Prosecutors/Attorneys/Solicitors, (c) for
Presiding Officers of Tribunals/Commissions of Inquiry and (d) for
Judges for Courts set up under Federal Laws."
"A Federal Judicial Centre for standardizing, providing, and
supervising the physical requirements of Federal Judicial Officers and
Federal Judicial Institutions in the matters of residences, court
houses, library, instruction manual, audio/video cassettes, automatic
data processing and system procedures and other instructional and
training material for improving judicial administration in the
"A National Institute of Justice for research and development on
crime and criminal justice, for devising effective modern techniques
for combating serious crime, for enlisting effective popular
participation in non-traditional forms in the judicial process, and
for ensuring speedy trial."
"A Federal Institute of Judicial Administration for conducting,
encouraging and coordinating research and study of the operation of
the court system, to make recommendations for the improvement of the
administration and management of courts in Pakistan."
"A Federal Centre for formalizing and regulating the standards
and functions of Arbitrators, Mediators and Conciliators as an adjunct
of the judicial process, and for exploring the adoption of
non-traditional court related modes for settling disputes."
"A Federal Computer Centre for effective Judicial administration
and control of all types of cases registered, pending inquiry,
investigation and trial or in appeal before various forums".
FUNDS OF THE ACADEMY
Under section 12 of the Act, there shall be a Fund of the Academy to be
known as the "Academy Fund" to which all its income shall be
credited and from which all its expenditures shall be met. The Academy's
Fund comes from the following sources of income:
grants from the Federal Government;
grants from the Provincial Governments;
sale and other proceeds of the Academy's publications;
aid from national and international agencies; and
fees, charges and donations.
In the beginning, the Academy could not organize Pre-service courses for
newly appointed judges due to a variety of reasons and the Academy
organized In-service training programmes for judicial officers and
officers exercising quasi judicial powers. The participants of
different courses were accommodated in different hotels.
Later on, on the establishment of a hostel in a hired building with the
help of Asia Foundation, the Academy started organizing pre-service
training courses for judicial officers hailing from all provinces.
The Academy employs all the standard techniques for imparting training,
which include class room lectures by Judges, jurists and scholars,
supplemented by panel discussion, and Case studies of important
judgments of the superior courts involving issues both pertaining to
substantive and procedural law.
Syndicate discussions also form part of the training methodology. It
aims at providing an opportunity to the participants to interact and
exchange their knowledge and experience with one another; which helps in
analyzing and articulation of current juridical issues. Participants are
divided into a number of groups. One of the participants is designated
as Chairman who prepares a syndicate report with the help of others and
the report is presented in a plenary session held at the end of the
CONFERENCES AND SEMINARS
The importance of Conferences and Seminars in enhancing the knowledge of
participants of different courses in relation to national and
international issues in the field of law is well recognized.
An effective judicial system squarely depends upon realizing
socio-economic development in the society and the problems of the
citizens. So far, two international seminars; one on
"Alternative Dispute Resolution" and the other on "Drugs,
Law & Justice" have been arranged by the Academy in
collaboration with the Asia Foundation. In the seminars, superior
court Judges and renowned jurists from United States of America,
Bangladesh, Sri Lanka and Philippine participated. The Academy was
also able to arrange a national seminar on "Rule of Law and
Criminal Justice". These programmes undoubtedly enabled the
officers with different backgrounds and educational qualifications to
sit together and develop a culture of discussing different issues of
practical relevance and proved fruitful in dissemination of knowledge
and development of concrete recommendations.
The new millennium recognises the evergrowing need for information
technology and we will have to further augment the optimum use of
computer based activities. It is anticipated that courts in Pakistan
will be computerized soon which would have the effect of improving the
working of the whole judicial system. In order to prepare the Judges to
cope with this new development the participants of different courses are
familiarized with the computer application in the court management. The
Academy has set up a computer laboratory, and computer orientation is
now an integral part of training methodology.
The Academy has made arrangements to impart practical training to the
participants along with class room lectures, panel discussions,
workshops. The participants are required to perform as judges in a model
court programme. Local lawyers are requested to visit the Academy and
assist in making arguments in the model court programme. The
judges who act as Presiding officers in the model court programme, write
down the judgments which are discussed with them at the end of the day.
This programme has tremendously contributed towards enhancing confidence
of the trainee judges including their grasp over practical issues.
The Asia Foundation has provided audio-visual equipment to the Academy
which is used in the Model court programme by recording the whole
exercise which is displayed subsequently for identifying different
aspects necessary for improving the efficiency of the participants
TOURS constitute an important area of the training programmes.
The participants visit different superior courts and find an
opportunity to share their knowledge and experience with the
judges of the superior courts, in addition to observing the court
proceedings. Visits are also arranged for other Institutes,
to acquaint the participants with their training programmes.
Academy's campus has a HOSTEL comprising 26 well furnished rooms
including two family suits and one suit comprising two bedrooms,
lounge, drawing and dining rooms for the residence of the warden.
The participants stay in the hostel. Collective living of the
officers belonging to different areas, not only promote mutual
relationship and harmony, but also generates wide range of
social exchange in enhancing varied faculties. It has a well come
dimension for achievement of the ultimate goal of national
but by no means the least, it will be in place to mention, that
the then President of Commonwealth Judicial Education Institute,
the Hon'ble Judge Sandra, E. Oxner, visited the Academy in
March,2002 and she is on record in stating that "a highlight
of the visit was a tour of the Federal Judicial Academy in
Pakistan, the world class facilities of which include an
auditorium, breakout rooms, a computer lab, an audiovisual lab and
a model court room."
FOCUS PROGRAMME FOR JUDGES
Programmes cover case management skills, the art of judging,
ethics and substantive law. They include seminars on particular
areas of law or procedure or on the inter-relationship of law and
other disciplines. Some, such as those on strategic planning,
alternative dispute resolution and case management bring together
teams of judges and staff. Special focus Programmes for district
court judges including education in employment law, basic issues
of science, mediation and presentation skills are also in
AREAS OF INSTRUCTIONS
specific areas of instructions include research reports, manuals,
media programmes and desk references, such as Rules and Orders of
the High Courts, which serve as bench books for the trainee
judges, on various aspects of court and case management and
monographs on discrete legal areas. The Academy’s catalogue of
publications lists all these items, as well as research reports on
court management, case management and other topics, course
materials, news letters and brochures. The Catalogue of
Audio-visual Media Productions lists audiotapes of lectures given
by eminent resource persons during seminars.
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