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CONCEPTUAL BACKGROUND

The 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 independence.

 

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.                 

FACTUAL BACKGROUND

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 examination".

 

The Second Law Reforms Commission (1967-1970) of Pakistan also, inter-alia, made the following recommendations on the subject:

(i)         "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."

(ii)        "The Academy should cater for both the Magistrates and the Civil Judges."

(iii)       "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."

(iv)       "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."

(v)        "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 work."

(vi)       "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 Act, 1997.

AIMS AND OBJECTS

The Academy purports to achieve the following aims and objects:-

(a)       orientation and training of new judges, Magistrates, law officers and Court personnel;

 (b)       in service training and education of judges, Magistrates, law officers and Court personnel; 

(c)        holding of conferences, seminars, workshops, and symposia for improvement of the judicial system and quality of judicial work; and

 (d)       publishing of journals, memoirs, research papers and reports.

DIMENSIONS

The Academy may induce and prompt the establishment of:

(i)         "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."

(ii)        "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 country."

(iii)       "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."

(iv)       "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."

(v)        "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."

(vi)       "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:

(i)         grants from the Federal Government;

(ii)        grants from the Provincial Governments;

(iii)       sale and other proceeds of the Academy's publications;

(iv)       aid from national and international agencies; and

(v)        fees, charges and donations. 

TRAINING PROGRAMMES

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.

TRAINING METHODOLOGY

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 course.

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.

COMPUTER LABORATORY

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.

MODEL COURT

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

OTHER FACILITIES

  • A LIBRARY containing books on law and allied discipline for the benefit of the participants has been established. Frequent library consultation sessions are arranged for the participants.

  • A beautiful well furnished and electronically equipped AUDITORIUM having 153 seats adds to the grace and grandeur and overall utility of the Academy's campus.  The auditorium is used for national and international Seminars and Conferences.

  • The Academy realizing the need of research in the area of law and Jurisprudence including the current legal issues in the broader context of Pakistani society is planning to publish a LAW JOURNAL which would address critically different major legal and juridical issues.

  • STUDY 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.

  • The 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 integration.

  • Last, 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."

SPECIAL FOCUS PROGRAMME FOR JUDGES

These 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 contemplation.

 OTHER AREAS OF INSTRUCTIONS

 Other 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.

 

                         ORGANIZATIONAL  CHART