Embed Size (px)
Citation preview
Annual Report 2010
Message from Director General
(i) Never injure the feelings of others and always try to solace them and
your behavior with the public shall be gentlemanly, courteous and
polite but at the same time firm and dignified.
(ii) Always try to facilitate others.
(iii) Whatever treatment you consider best for yourself, the same should
be preffered for others.
While doing so, never let yourself to be influenced by the paucity of means,
time, influence and educational advantages, but your aim should be to do
thing with what you have at the relevant moment. This would certainly lay a
solid basis of Society.
Justice (R) Tanvir Ahmad Khan
Director General
Annual Report 2010
Message from Honorary Consultant
(i) And whoever commits that through aggression and injustice, We shall
cast him into the Fire, and that is easy for Allah. ( سورة النساء , An-Nisa,
Chapter #4, Verse #30).
(ii) Verily! Allah commands that you should render back the trusts to those
to whom they are due; and that when you judge between men, you judge
with justice. Verily, how excellent is the teaching which He (Allah)
gives you! Truly, Allah is Ever All-Hearer, All-Seer.
.(An-Nisa, Chapter #4, Verse #58 , سورة النساء )
(iii) O you who believe! Stand out firmly for justice, as witnesses to Allah,
even though it be against yourselves, or your parents, or your kin, be he
rich or poor, Allah is a Better Protector to both (than you). So follow not
the lusts (of your hearts), lest you avoid justice; and if you distort your
witness or refuse to give it, verily, Allah is Ever Well-Acquainted with
what you do. ( سورة النساء , An-Nisa, Chapter #4, Verse #135).
Justice(R) Khalik-ur-Rehman Khan
Honorary Consultant
Annual Report 2010
(Group Photograph of Participants of Ist Training)
CHAIRS L. To R:
Mr. Rauf Ahmad Sheikh (Secy. Law), Syed Nasir Ali Shah ( Registrar L.H.C), Mr.
Abdur Razzaq Bhatti ( Distt. Judge), Mr. Justice (R) Ch. Muhammad Airf, Mr.
Justice (R) Tanveer Ahmad Khan, Mr. Justice Syed Zahid Hussain (Chief Justice),
Mr. Justice (R) Khalil-Ur-Rehman Khan (Hony. Conslt), Mr. Justice (R) Karamt
Nazir Bhandari, Dr, Azher Hassan Nadeem, Prof. Dr. Naseeb Ahmad Awan.
STANDING 1st ROW:
Atiq-Ur-Rehman, Muhammad Akram, Amjad Nazir Chaudhry, Syed Dawar Zafar
Ali, Waseem-Ur-Rehman Khan Khakwani, Muhammad Naveed Iqbal, Naseem
Ahmad Virk, Muhammad Shabir, Muhammad Nawaz Bhatti, Tariq Mahmood
Bajwa, Tariq Javed.
STANDING 2nd ROW:
Wajahat Hasan, Muhammad Asghar Khan, Muhammad Yar Gondal, Asad Ali, Nasir
Hussain, Bakht Fakhar Bahzad, Muhammad Hussain, Irfan Ahmad Niazi(Co-
Ordinator)
Annual Report 2010
(Group Photograph of Participants of 2nd Training)
CHAIRS L. To R:
Mr. Abual Hasnat Muhammad Zulqarnain, Mr. Qaisar Javed Mian, Mr. Khadim
Hussain Malik (Dir. Program), Mr. Justice (R) Tanvir Ahmad Khan (Director
General), Mr. Justice Saqib Nisar, Hon‗able Chief Justice Khawaja Muhammad
Sharif, Mr. Justice Asif Saeed Khan Khosa, Mr. Justice (R) Khalil-Ur-Rehman Khan
(Honorary Consultant), Mr. Justice Azmat Saeed, Mr. Fakhar Hayat (Dir. Admn),
Mr. Abual Hassan Najmi (Law Secretary), Ms. Shahida Saeed.
STANDING IN 1st ROW L TO R:
Mr. Naveed Ahmad, Mr. Malik Ali Zulqarnain Awan, Ch. Muhammad Anwar-Ul-
Haq, Syed Asghar Ali, Mr. Shazib Saeed, Mr. Shaukat Kamal, Mr. Manzer Ali Gill,
Mr. Safdar Ali Bhatti, Syed Ali Imran.
STANDING IN 2nd ROW L TO R:
Mr. Arshad Hussain Bhutta, Mr. Khizar Hayat, Mr. Ghulam Murtaza, Mr. Ali
Nawaz, Mr. Anwar Ahmad Qureshi, Mr. Khawar Rashid, Mr. Muhammad Abbas.
Annual Report 2010
(Group Photograph of Participants of 3rd Training)
CHAIRS L. To R:
Mr. Fakhar Hayat (Dir. Admn), Mr. Kokab Nadeem Warriach (Inspector General),
Mr. Khadim Hussain Malik (Dir. Program), Mr. Justice Umar Ata Bandial, Mr.
Justice (R) Tanvir Ahmad Khan (Director General), Hon‗able Chief Justice Khawaja
Muhammad Sharif, Mr. Justice (R) Khalil-Ur-Rehman Khan (Honorary Consultant),
Mr. Justice Ijaz-Ul-Ahsan, Mr. Qaisar Javed Mian (Additional Director), Mr. Abdul
Sattar Asghar (Registrar), Lahore High Court, Mrs. Rehana Yasmeen.
STANDING IN 1st ROW L TO R:
Mr. Muhammad Asif Azeem, Mr. Ahmad Naveed Gondal, Mr. Imtiaz Ahmad, Ch.
Asghar Ali, Mr. Aamir Omar Qureshi, Mr. Mansoor Akbar, Mr. Farrukh Sultan, Mr.
Shahzad Tanveer Butt, Mr. Ali Ahsan Cheema, Mr. Mushtaq Ahmad Ijaz.
STANDING IN 2nd ROW L TO R:
Mr. Imam Din, Mr. Sohail Safdar, Mr. Tahir Majeed, Mr. Muhammad Nasir.
Annual Report 2010
(Photograph of Participants of 4th Training)
CHAIRS L. To R:
Khawaja Haris Ahmad (Advocate General), Mr. Fakhar Hayat (Dir. Admn), Mr.
Khadim Hussain Malik (Dir. Programmes), Mr. Justice Ijaz Ahmad Ch., Mr. Justice
(R) Khalil-Ur-Rehman Khan (Honorary Consultant), Hon‗able Chief Justice
Khawaja Muhammad Sharif, Mr. Justice (R) Tanvir Ahmad Khan (Director
General), Mr. Justice Ch. Iftikhar Hussain, Mr. Abdul Sattar Ashghar (Registrar),
Lahore High Court, Mr. Qaiser Javaid Mian (Additional Director), Sh. Zawar
Ahmad, D&SJ, Lahore.
STANDING L To R:
ROW 1: Farzana Kausar, Sarwat Batool, Zufshan Anjum, Nasira Parveen, Poonam
Naheed, Kiran Iqbal, Sobia Tirmazi, Qudsia Bano, Nazia Rasheed, Shazia
Munawar, Nibza Yaseen, Mehr-un-Nisa, Sadaf Liaqat, Uzma Ahsan,
Zunaira Zia.
ROW 2: Asim Hafeez, mad Hayat, Muhammad Yousaf, Ejaz Hussain, Rehman
Elahi, Ghulam Murtaza Virk, Ahmed Nadeem, Muhammad Sharif, Raja
Muhammad Ashraf, Aftab Ahmed Rana, Rana Aneel Arshad, Kashan
Muhammad Ali, Asad Ullah Khan Khattak, Humayun Pervaiz, Khawar
Rafique.
ROW 3: Ishtiaq Ahmed Khan, Rana Khalid, Irfan Rafiq, Ahmed Zia Ch.,
Muhammad Asif, Hajeed Ullah, Hamid Ali Tulla, Hassan Iqbal, Najeed
Ullah Khan Ahmed, Altaf Ahmed Shahdzad, Arif Khan, Niazi, Zulfiqar
Bari, Faheem Ul Hassan Shah, Naeem Wattoo.
Annual Report 2010
ROW 4: Muhammad Nawaz, Muhammad Ajmal, Nauman Arshad Khan, Qaisar
Abbas, Muhammad Asif, Syed Ahsan Manzoor, Muhammad Zakir,
Malik Muhammad Shakeel Ashraf, Imran Muhammad Khanm Tanveer
Hussain, Syed Faiz-ul-Hassan Shah, Adnan Bakhtiar.
ROW 5: Saadat Rasool, Zafar Farid Hashmi, Ashraq Ahmed, Muhammad
Maqasood Asghar, Zulfiqar Hussain Chaudhary, Farooq Ahmed,
Maqsood Ahmed Anjum, Muhammad Adeel Anwar, Ahmed Shahzad
Gondal, Abu Bakar Siddique, Tajammal Hussain, Syed Kashif Raza
Zaidi, Kashif Ali Gujjar.
Annual Report 2010
( Photograph of the Certificate Awarding Ceremony of Public
Prosecutors of 5th Training Course. The Hon„able Chief
Minister Punjab was the Chief Guest)
Annual Report 2010
(Photograph of Participants of 6th Training)
CHAIRS L. To R:
Qaisar Javed Mian (Director), Najam-Ul-Hassan Kazmi, Malik Khadim Hussain
(Director), Mr. Justice (R) Tanvir Ahmad Khan (Director General), Mr. Justice Ijaz
Ahmad Ch., Hon‗able Chief Justice Khawaja Muhammad Sharif, Mr. Justice
Iftikhar Hussain Ch, Mr. Justice (R) Khalil-Ur-Rehman Khan, Mr. Abdul Satar
Asghar (Registrar), Sheikh Zawar Ahmad (MIT), Mr. Fakhar Hayat (Director).
Standing 1st Row:
Tahira Yaqoob, Iram Mushtaq, Rabia Tarif, Bushra Anwer, Nadia Mushtaq, Saima
Pervez Butt, Iram Sharif, Ezet Nageen, Bushra Farid, Nabila Irshad, Humera, Ashi
Rehmat, Aisha Alamgir, Rabia Riaz, Afshan Younas, Nighat Sultana.
Standing 2nd Row:
Rana Arif Ali Nawaz (Dy. Director), Syed Qamar Abass, Zeeshan, Shaukat Ali,
Asad Imran. M. Aamir Raza Baitu, Nasira Munir, Afshan Sidra, Saira Batool, Afzal
Ahmad, Asif Iqbal Ghouri, Rana M. Sohail Riaz, Shuj Ali Haider, M. Imran Tariq.
Standing 3rd Row:
Abid Islam, Kalim Ahmad, Rizwan Hanif, Talat Mehmood, Qaisar Imam, Ali
Akbar, Sheikh Muhammad Taqi, Rana Shahzad Ashraf, Zahid Hussain, M. Arqam,
M. Aslam, M. Inshaulah Navid Sadiq, M. Irfan
Standing 4th Row:
Shahid Ali, Navid Ashraf, M. Shahid Hassan, Muhammad Ahmad, Muhammad Ali,
M. Wasim Anjum, Tasadaq Hayyat, Sarfraz Khan, Saif Ullah Tarar, Shaukat Hayat
Gondal, Saif Ullah, Aniq Anwer, Albasid Mudasar Ali, Ahsan Raza, M. Imran
Yousaf.
Standing 5th Row: Asif Iqbal, Tariq Khan, M. Aamir Javid, Taimoor Afzal, Allah Yar, Imran Akram,
Zahid Hussain, Tahir Ishaq, M. Imtiaz Ahmad.
Standing 6th Row: Ria M Nazir, M. Anees, Shahid Zia, Kamran Yonous, Rahid Ali Khan.
Annual Report 2010
(Judicial Training Program January 24-26, 2011)
Punjab Judicial Academy Lahore in cooperation
With US Department of Justice
Annual Report 2010
Foundation laying ceremony held on 12-11-2011 for the construction of the
Punjab Judicial Academy Complex near Kala Shah Kaku Interchange
consisting on 393 Kanals 7 Marlas. By:
Mr. Justice Ijaz Ahmad Chaudhary along with:
1. Mr. Justice Umar Ata Bandial, Hon„able Judge Lahore High Court,
Lahore. 2. Mr. Justice (R) Tanvir Ahmad Khan, Hon„able Director General,
Punjab Judicial Academy, Lahore.
Annual Report 2010
Table Of Contents
Sr.No. Contents Page No.
1. Executive Summary
2. Performance Report For the Year 2009-2010
U/S 14(1) Of The Punjab Judicial Academy
Act, 2007
3. Performance Report For the Year 2009-2010
U/S 9(8) & 13 Of The Punjab Judicial
Academy Act, 2007
4. Punjab Judicial Academy Act, 2007
5. Audit Report Annex-A
6. Statement of Accounts Annex B-1 to B-3
Annual Report 2010
Executive Summary
The Punjab Judicial Academy Act was passed by the Punjab Assembly on
5th October, 2007 and assented to by the governor of Punjab on 29th October, 2007.
Accordingly the Punjab Judicial Academy was established by the Punjab
Government vide Notification No.Legis.13-7/2005 on 18th May, 2007 under section
3(1) of the Punjab Judicial Academy Ordinance, 2007. In the Annual Report of
Performance for the year 2008-2009, the details of operationalization of the
Academy have been given.
A scheme for construction of Punjab Judicial Academy has been reflected in
the Annual Development Programme (ADP) 2009-2010 by the Planning &
Development Department. A piece of land measuring 393 Kanals 7 Marlas has been
acquired at the cost of Rs.93.921 Million and after taking possession of the same,
the Boundary Wall is under construction.
The Training Courses for imparting necessary knowledge and professional
skills have been conducted for the benefit of Additional District & Session Judges,
Civil Judges cum Judicial Magistrates, Prosecutors and Jail Officers. The Hon‘ble
sitting Judges and Retired Judges of Superior Courts, senior members of District
Judiciary, eminent lawyers and other professionals are invited to impart knowledge
and professional skills to the participants. The curriculum consisted of civil, criminal
and Islamic laws, computer skills, medical jurisprudence, court & case management
and many other allied topics with emphasis on applied knowledge. The training
system is a blend of classroom instructions, case study, syndicate discussions,
extension lectures, communication skills and mock trial etc. The participants are
being provided opportunity to visit Police Training Institution, recently established
Forensic Laboratory so as to apprise them of the modern technique of investigation
and the assistance that these institutions can play in resolution of the matters
involved in judicial disputes. Special emphasis is also laid on the justice system as is
envisioned in the Islamic Administration of Justice. The purpose is to prepare all the
stakeholders in the justice system for providing even-handed, speedy and
inexpensive justice without fear and favour to all the segments of society.
The effectiveness of the training received by the Judicial Officers at the
Academy is reflected from the quality of work being performed after the training by
Annual Report 2010
the same Officers with the judicial work conducted earlier. The performance of
these officers and other stakeholders will further improve by extending the period of
training of each segment and also by holding programmes for court staff and
lawyers. The Academy has offered the Punjab Bar Council to conduct programmes
for improving the professional skills and legal knowledge of the members of the
legal fraternity as also to hold Bar Examination for admission of lawyers to the
profession. The Academy shall endeavor to develop itself as Center of Exellence so
as to play its role in providing competent Judicial Officers and other segment of the
Judicial Administration.
Annual Report 2010
Performance Report For the Year 2009-2010 U/S
14(1) Of The Punjab Judicial Academy Act, 2007
(Pb. Act XV of 2007).
(a) Details of Courses run and designed by the Academy
1. The following training courses have been conducted in Punjab Judicial
Academy for the year 2009-2010:-
Sr.# Officials Strength Duration
1 Additional District & Sessions Judges 18 05.10.2009 to 26.12.2009
2 Jail Officers 15 04.01.2010 to 23.01.2010
3 Civil Judges-cum-Judicial Magistrates 69 26.01.2010 to 17.04.2010
4 Prosecutors 40 03.05.2010 to 29.05.2010
2. The inauguration of the fore-mentioned pre-service training courses was
performed by hon'ble Chief Justice, Lahore High Court/Chairman Board of
Management, Punjab Judicial Academy, Lahore. The hon'ble Chief Justice also
awarded certificates to the trainees in the closing ceremonies except the Prosecutors
whom the certificates were awarded by the hon'ble Chief Minister of the Punjab.
The certificate awarding ceremony took place at the end of the duration of each
training course in the Auditorium of the Academy. The hon'ble Sitting and retired
judges of superior courts, members of district judiciary, eminent lawyers, jurists and
other professionals were invited to deliver lectures. The core curriculum of courses
consisted of civil, criminal and Islamic laws, computer skills, medical jurisprudence,
court & case management and many other allied topics with emphasis on applied
knowledge. The training system was a blend of class room instructions, case study,
syndicate discussions, extention lectures, communication skills and mock trial etc.
The participants also visited the Police College, Sihala where they were taught
modern techniques of investigation. The participants also visited the Department of
Forensic Medicine & Toxicology of King Edward Medical University, Lahore
where they had opportunity of witnessing the post-mortem examination.
Annual Report 2010
3. At the end of the courses the participants submitted their evaluation of the
courses and made valuable suggestions. Some of them have been visiting the
Academy and expressing that practical knowledge about trial and appellate work has
been very useful to them in their court work.
4. The standard of Judicial officers trained by Academy has been up to the
mark while the quality of the training imparted at the Academy is also according to
the National and International standards with particular emphasis on character
building according to dictates of the Holy Quran and Sunnah. In the detail of
courses, you can see that lectures have been given, inter-alia, on the following topics
for character building:-
Concept of Adal in Islam
Rizq-e-Halal
Toheed
Judicial Ethics-Code of Conduct
Qisas & Diyat
Welfare of Prisoners
Islamic Law—Nature, Scope & implementation
Details of Course of Additional District & Sessions Judges
1. Concept of Adal in Islam
2. Islamic Law—Nature, Scope & implementation
3. Court-Case Management
4. Registration of case & Investigation - FIR
5. Rizq-e-Halal
6. Toheed
7. Law of Inheritance
8. Legal Fiction
9. Civil Practice & Procedure
10. Basic of Management
11. Law of Evidence-- Islamic Provisions
12. Sessions Trial
13. Legal Writing
14. Registration of case & Investigation – Propositions-Case Study
Annual Report 2010
15. Time Management
16. Interpretation of Statutes
17. Judicial Ethics-Code of Conduct
18. Proof –Admissibility of FIR
19. Framing of Issues
20. Use of Former Statements-Law of Evidence
21. Custody of Minors
22. Sentencing
23. Use of statements recorded by Police u/s 161 Cr.P.C
24. High Court Rules & Orders
25. Judgment Writing
26. Practical aspects of case handling
27. Common mistakes being committed by Judicial Officers in civil cases
28. Common mistakes being committed by Judicial officers in criminal cases
29. Law of Framing of Charge
30. Imposition of Fine-Law Regarding
31. Delay reduction in Civil & Criminal Cases
32. Inherent Jurisdiction of Courts
33. Mandatory & Directory Provisions - Distinction between
34. Function & Role of Ex-officio Justice of Peace
35. CNS Trial
36. Hadood Trial
37. Trial of complaint and challan Case
38. Law of Superdari
39. Forfeiture of Bond & Recognizance
40. Conduct & Court Proceedings
41. Criminal Law
42. Legal Presumptions
43. Criminal Appeals & Revisions—Reduction of Cases
44. Regular First Appeal
45. Presentation by Participants and discussion on given assignments
46. Practice in framing of Charge
47. Regular Second Appeal
Annual Report 2010
48. Service Laws
49. Mock Trial
50. Stress Management
51. Jurisdiction, its concept and exercise in Civil & Criminal Courts
52. Civil Revision
53. Can illegal contracts be arbitrated
54. Dishonouring of a Bank Cheque
55. Practice in writing Judgment
56. Qisas & Diyat
57. Revenue Law
58. Review in Civil Cases
59. Medical Jurisprudence
60. Some Legal aspects of Bank Guarantee
61. Dishonouring of a Bank Cheque
62. Civil Law
63. Alternate Dispute Resolution
64. Use of DNA in Crime Investigation
65. An Overview of Arbitration Act
66. Human Rights--- International and National
67. Exercise of Discretionary & Inherent Powers of Courts
68. Jurisprudence
69. Foreign Arbitral Award
70. Law of Bails
71. Methodologies for Implementation of National Judicial Policy
72. Sheriff‘s petty Accounts
73. Revenue Deposits
74. Suits, relevant laws & their valuation for the purpose of Court Fee &
Jurisdiction
75. Appraisal of Evidence
76. Court Inspection
77. Foreign Arbitral Award
78. Family Laws
79. Foreign Investment Laws in Pakistan
80. Trade Marks/Cyber Law
Annual Report 2010
81. Protection of Offenders Ordinance
82. Surrender of Illicit Possession Act.
83. Small Claims & Minor Offences Act
84. Consumer Protection Act
85. Comparative Study of Order 37 CPC and Banking Recovery Ordinance,
2001
86. Remand in Civil Cases
87. Qanun-e-Shahadat Order
88. An Overview of Specific Relief Act
89. Rule of Law and its Dimensions
90. Police Order
91. Practice in writing Bail Order
92. Copy Rights & Computer Software
93. Leading Constitutional Cases in Pakistan
94. Modern techniques of Investigation
95. Study Tour to Session Court, Kasur Including visit to District Jail, Kasur.
96. Civil Appeal, Revision, Review
97. Interlocutory Orders—Suits U/O 37 C.P.C.
98. Practice in writing Bail Order
99. Judicial Ethics
100. Syndicate on ―Delay Reduction‖
101. Preliminary Hearing of Appeals
102. Judicial Precedents---Ratio Decidendi and Obiter Dicta
103. Law of Anticipatory bail – Historical perspective
104. Mentoring of judgments
Details of Course of Jail Officers
1. Ethics
2. Concept of Adal in Islam—Salient Features as Compared to Common Law
3. Concept of Reward & Punishment in Islam
4. Prisoners Rights & Human Rights
5. Prison Reforms
6. PCS Act 1974, PCS (Appointment & conditions of Service) Rules 1974 &
Govt. Servants conduct Rules 1966
Annual Report 2010
7. The Lunacy Act, 1912
8. Remission System
9. Welfare of Prisoners
10. Departmental Disciplinary Action
11. Prison Management
12. Probation of Offenders Ordinance 1960
13. Good Conduct Prisoners Probational Release Act, 1926
14. Juvenile Justice System Ordinance, 2000
15. Role of Superintendent as Member of Criminal Justice Co-ordination
Committee.
16. U.N. General Assembly on ―Protection of Detained Persons (1988)‖
17. Presentation by participants on Prison Reforms
18. Release of Prisoners
19. Constitutional Law
20. Leave Rules
21. Watch & Ward (Security)
22. The Prisoners Act, 1900
23. (i) The Reformatory Schools Act, 1897
(ii) Punjab Borstal Act, 1926
24. Rule of Law & Philosophy of Punishment
25. Escapes and Outbreaks
26. (i) Prison Discipline
(ii) Conjugal Rights of Prisoners---Issue of
27. (i) Discipline & Daily Routine
(ii) Factory & Form Management
28. Implementation of Court Orders
29. Financial Rules
30. Financial Management & Discipline
Details of Course of Civil Judges-cum-Judicial Magistrates
1. Concept of Adal in Islam
2. Difference between ‗Agreement‘ and ‗Contract‘
Annual Report 2010
3. Introduction & Tabular Scheme of QSO, 1984
4. QSO Definitions
5. Contract of Guarantee
6. Law of Abetment
7. Abetment/Criminal Conspiracy---Distinction
8. Trial by Magistrate
9. Security Proceedings
10. Law of Bails
11. Principles of Res-subjudice & Res-judicata
12. Agency Agreements
13. The Punjab Rented Premises Ordinance, 2007
14. Cancellation of Instruments/Documents
15. Syndicate on ―Delay Reduction‖
16. Constitution Law & Administration of Justice
17. Powers of Police u/s 169 Cr. P. C.
18. Deliberation
19. Presentation
20. Law of Injunction
21. Practice in framing of issues
22. Cancellation of case
23. Charge Sheet/Final Report
24. Communication Skills
25. Precept & Transfer of Decree
26. Muslim Personal Law
27. Rule of Law & its Dimensions
28. Police Order 2002
29. Juvenile justice in Pakistan
30. Overview of Civil Procedure Code
31. Sending up of cases to Sessions Court
32. Summary Trial
33. Sentencing
34. Close of Investigation & Final Report
35. Cancellation/Rescission of Documents
36. Islamic Law
Annual Report 2010
37. Discharge of Accused
38. Mental Health
39. Handling of Objections in recording evidence
40. Trial of complaint & Challan Case
41. Imprisonment in default of Fine
42. Alternate Dispute Resolution
43. Forfeiture of Bond & Recognizance
44. Leading Constitutional Cases in Pakistan
45. Execution of Decrees
46. ―Fraud & Misrepresentation‖
47. Self-Management
48. Consecutive & Concurrent sentencing
49. Law of Super Dari
50. Interlocutory Orders
51. Stress management
52. ADR
53. Section 24-A General Clauses Act
54. Court Inspection
55. The effect of workship in practical life
56. Suits by or against Government
57. An Overview of ―United Nations convention on Rights of Children‖
(UNCRC)
58. Salient Features of JJSO 2000
59. Rights of the Juveniles in the light of Islam
60. Mentoring of Judgments
61. Use of Statements Recorded by Police u/s 161 Cr.P.C.
62. Definitions in General Clauses Act
63. Cyber Crimes
64. Judicial Ethics
65. Practice in Interlocutory Orders
66. Use of DNA in Crime Investigation
67. Trial of Army Employees
68. Constitutional & Administrative Law
69. Confession
Annual Report 2010
Details of Course of Prosecutors
1. Common Law
2. Prevention of Corruption Act, 1947 with rules of 1985
3. Law of Evidence—Islamic Provisions
4. Anti-Terrorism Act, 1997
5. Control of Narcotics Substances Act, 1997
6. Court—Prosecutor Relationship
7. Legal writing
8. Crime & Punishment
9. Monitoring of Investigation—Submission of Challan—appearance of
Prosecutor thereafter.
10. Scrutiny of Challan
11. Role of Prosecutor under Act, 2006 and Cr.P.C.
12. Preparation of a Case by a Prosecutor
13. National Accountability Ordinance, 1999
14. Rules regulating Criminal Jurisdiction of Courts (High Courts Rules &
Orders)
15. Prosecutorial Skills
16. Govt. Servants Conduct Rules, 1966
17. Co-ordination between Prosecution & Investigation Agency
18. U.N. Conventions on Civil & Political Rights
19. Confession
20. Departmental Disciplinary Action against employees of Punjab Government
21. Withdrawal of Prosecution
22. Co-operation between Police and Prosecutor
23. Extradition
24. Appraisal of Evidence
25. Role & Duties of a Prosecutor in a Criminal Trial
26. Charge & Trial
27. Section 489-F PPC
28. Distinction between Civil & Criminal Prosecution
29. Role of Prosecutor in U.K
30. Imprisonment in Default of Fine
Annual Report 2010
31. Inefficiency of Prosecution
32. Ss.34 & 149 PPC
33. Consecutive & Concurrent Sentencing
(b) Details of Examinations carried out by the Academy
Each Resource Person/Teacher undertakes the tests & examination whether
objective type or narrative. This methodology is adopted because teacher is the best
person who knows what he has taught and what the participants/trainees should
know. He, thus, is also able to judge the extent of learning and absorption of the
specified subject. This method of testing has succeeded in most Western Countries,
because, it not only tests the partipants/students, but it also tests the ability of the
teacher/instructor in imparting the knowledge.
(c) Research Work Done By Research Department of the Academy
Director (Research & Training) Mr. Qaiser Javed Mian, LLB,
LLM(University of Miami) is the incharge of the ―Research & Training
Department‖ who operates and undertakes research assignments under the
instructions, supervision and guidance of Justice (Rtd.) Tanveer Ahmed Khan,
Director General & Justice (Rtd.) Khalil-ur-Rehman Khan, Honourary
Consultant of the Punjab Judicial Academy.
Briefly the research work undertaken by the Department of ―Research &
Training‖, Punjab Judicial Academy is as follows:-
PUBLISHED WORKS
Annual Report 2010
i) An Article “Features of Financial Institutions
(Recovery of Finance) Ordinance, 2001” published in
Pakistan Law Journal (PLJ), October 2009, Magazine
part, Page 474.
ii) An Article “Dishonouring of a Bank Cheque”
published in Corporate Law Decisions (CLD), January
2010, Page 1.
iii) An Article “Arbitration in Illegal Contracts” published
in Corporate Law Decisions (CLD), February 2010,
Page 9.
iv) An Article “Piercing Through Corporate Veil”
published in Corporate Law Decisions (CLD), February
2010, Page 24.
v) An Article “Compounding of Death Sentence
Awarded by way of Qisas and Ta‟zir… Legal
Implication” published in All Pakistan Legal Decisions
(PLJ), 2008 Volume 4, Page 161.
UNPUBLISHED RESEARCH PAPERS
1) A Research Paper on “Environmental Law”.
PEPA (XXXIV of 1997) has been thoroughly discussed
analytically with reference to the case law:
i) PLD 2007 Karachi 293 = 2007 CLD 783
ii) Ms. Shehla Zia and others v. WAPDA‖ PLD 1994 SC
693.
iii) Anjum Irfan v. Lahore Development Authority‖, PLD
2002 Lah. 555.
iv) 2001 CLC 1139.
v) Mansoor Ali Shah versus Government of Pakistan, PLD
2007 Lahore 403 = 2007 CLD 533.
vi) 1996 SCMR 543.
vii) Nestle MilkPak Limited versus Sindh Institute of
Urology: PLD 2007 Karachi 11(DB).
Annual Report 2010
viii) Nazim, U.C. Allah Bachayo Shore vs. State, 2004 YLR
2007.
ix) General Secretary, West Pakistan Salt Miners Labour
Union (CBA) Kheura, Jehlum v. The Director, Industries
and Mineral Development Punjab, Lahore, 1994 SCMR
2062.
x) Shehri C.B.E. versus Government of Pakistan” PLD 2007
Karachi 293= 2007 CLD 783.
xi) Shaheen Welfare Society (Regd) versus Environmental
Protection Agency Punjab, Lahore; 2005 CLD 1267.
xii) Shamsul Arfeen vs. Karachi Building Control Authority”
PLD 2007 Kar. 498.
xiii) Aamir Bakhat Azam v. Co-operative Model Town Society
(1962 Limited), Lahore” 2007 CLC 374.
xiv) Muhammad Tariq Abbasi v. Defence Housing Authority”
2007 CLC 1358(Kar)(DB).
2) A Research Paper on “Does „Competition Ordinance‟
Result In Consumer Protection”:
It is a comparative study and discusses the U.S. Anti-Trust
Law as envisaged in The Sherman Antitrust Act (1890) and
also Sherman – Pitman Bill. It also discusses the Anti
Competition Law of U.K as well as of European Union
(Treaty of Rome) and Australia‘s Law of ―Trade Practices
Act, 1974‖. It also analytically discusses the Indian
Consumer Protection Law, 1986. Lastly an elaborate
discussion has been made on Pakistani Anti Monopoly Law
Repealed by Competition Ordinance (LII of 2007).
Besides the books of several authors, the bibliography of
which is not included however, the reported cases referred to
are cited below:
i) Olympia Equipment Leasing Co. v. Western Union
Telegraph Co., 797 F.2d 370, 379 (7th
Cir. 1986)
(Posmer,J.)
ii) United States v. Aluminum Corp. of America (―Alcoa‖),
148 f.2D 416, 430 (1945) (l.Hand, J.)
Annual Report 2010
iii) Board of Trade of the City of Chicago v. United States,
246 U.S. 231, 244 (1918) (―Chicago Board of Trade‖).
iv) Walker Process Equipment, Inc. v. Food Machinery &
Chemical Corp., 382 U.S. 172 (1965).
v) Hawai vs. Standard oil Co. of Cal., 405 U.S. 251, 262
(1972).
vi) California vs. American Stores Co., 495 U.S.271, 110
S.Ct. 1853, 109 L.Ed.2d 240 (1990).
vii) United States v. Aluminium Co. of Am. 148 2nd
416(2d
Cir. 1945) (Hand, J).
3) A Research Paper on “Judgment Writing”.
It contains, inter-alia, judgments of the superior courts on
―Judgment Writing‖ and 44-judgments have been cited
along with their ratios dividendi.
4) A Research Paper on “Statute Interpretation”.
It contains, inter-alia, judgments of the superior courts on
“Statute Interpretation” and 61-judgments have been cited
along with their ratios devidendi.
5) A detailed Research Paper has been prepared on “United
Nations Convention Against Corruption” U.N. General
Assembly Resolution 58/4 of October 31, 2003.
6) A Research Paper on “Legal Presumptions”
The footnotes given in the research paper reflect the amount
and nature of the work undertaken in preparing the ―Paper‖,
which are given as under:-
Annual Report 2010
i) Nicholas Resher, ―Presumption and the Practices of
Tentative Cognition‖ Cambridge University Press (2009).
ii) French Code Civil, art. 1349.
iii) Sir Courtenay Ilbert art. ―Evidence, Encyclopedia
Britanica,‖ 11th
edition Vol. 10 (Cambridge 1910) pp/ 11-
21 (see p.15). This is the view of Sir Courtenay Ilbert
about the concept of Sir James Stephens.
iv) Butt W. Jones, ―The Law of Evidence, Civil and
Criminal,‖ Vol 1, 5th
edition (San Francisco, Whitney
1958).
v) ―Staufen V. British Columbia (Attorney General), 2001
DCSC 779 (Can La II).
vi) The legal presumption and the factual presumption are
defined in Vol. 9, Ency. Of Evidence, 882.
vii) Charles V. Roxana Petroleum Corporation, C.C.A.OKL.,
282 F. 983, 988.
viii) Andre Lalande, “Vocabulaire de la philosopie,” 9th
edition. (Paris presses univerisitaires de France, 1962) .
ix) The modern philosophical literature on ―presumptions‖ is
not extensive when I wrote ―Dialectics‖ (Albany: State
University of New York press, 1977) there was little apart
from Roland Hall‘s ―Presuming,‖ ―Philosophical
Quarterly,‖ 11 (1961), Andre Lalande .
x) Richard A. Epstein ―Pleading and Presumptions,‖
University of Chicago Law Review, 40 (1973-74) 556-82.
xi) Andre Lalande ―Vocaulaire de la Philosophie 9th
edition
(Paris: presses univerisitaires de France 1962) s.v.
―Presumption‖;
xii) Richard A. Epstein, ―Pleadings and Presumption‖
(University of Chicago Law Review) 40 (1973-4) 556-
82
xiii) C.S. Peirce put the case for presumption in a somewhat
different way. He maintained them crucial to maintaining
Annual Report 2010
the line between sense and foolishness. (Collected papers,
VI, 6.423; Compare 11, 2 776-7. Also see generally, N.
Rescher, Peirce‘s /philosophy of Science (Notre Dame,
Ind. Univ. of Notre Dame Press 1978)
xiv) B.W.Jones ―The Law of Evidence, Civil and Criminal‖,
Vol. 1, 5th
ed. (San. Francisco: Baneroft Whitney, 1958)
7) A Research Paper on the topic of “Legal Fiction”, along
with case study of Staufen v. Attorney General British
Columbia, 2001 BCSC 779 (Can LII).
The footnotes given in the research paper reflect the amount
and nature of the work undertaken in preparing the ―Paper‖,
which are given as under:-
i) Shakespeare, King Henry VI, Part 2, Act IV, Scene 2.
ii) A. Laurence Polak (Reported by), and Diana Pullingir
(Illustrated by) “More Legal Fiction” (a series of cases
from Shakespeare) published by Stevens & Sons Limited,
(London, 1946) p-11.
iii) Bryan A. Garner (Editor-in-Chief), ―Black‘s Law
Dictionary‖ (seventh edition – 1999, USA) p-804.
iv) Henry S. Maine, ―Ancient Law‖ 21-22 (17th
edition. 1901)
quoted from Ibid.
v) Morris R. Cohen, “Law and the Social Order”, 126
(1933) quoted from Ibid.
vi) Britanica Encyclopedia
vii) Fuller, “Legal Fictions”, 25 Illinois Law Review (1930,
1931), 363,519,877 (published in 3 parts)
viii) Daimler Co. V. Continental Tyre Co., Ltd., Law Reports;
(London) [1916] 2 AC p. 307.
Annual Report 2010
ix) Littauer Glove Corp v. Millington, 44 Times Law Reports
(746)
x) In England and Wales: ―Law of Property Act 1925‖,
s.184.
xi) M/S Tank Steel and Re-Rolling Mills (PVT) Ltd V. Dera
Ismail Khan & other, ―PLD 1996 Supreme Court 77 at p.
85‖
xii) Siraj Din & others V. Sardar Khan & others, ―1993
SCMR 745 at p/ 749‖.
xiii) Staufen v. British Columbia (Attorney General) BCSC
779 (Can L II) (The judgment of Mr. Justice Scarth has
been abridged, edited and summarized by the present
author.)
8) A Research Paper on “Inherent Jurisdiction”.
The footnotes given in the research paper reflect the
amount and nature of the research undertaken in
preparing the ―Paper‖, which are given as under:-
i) Brian A-Garner (Editor-in-Chief), ―Black‘s Law
Dictionary‖, (7th
ed. 1999)
ii) ―Civil Procedure‖, Vol. 2, Para 9A- 163 (―Stay Under
the CPR‖).
iii) ―Ebert v. Venvil (1999) 3 W.L.R.670 C.A.
iv) Attorney General v. Ebert (2001) EWHC Admin 695;
(2002) 2 ALL E.R. 789, DC
v) Bhamjee v. Forsdick (2003) EWCA civ. 113; The
Times July 31st, 2003 C.A.
vi) Padhiar v. Patel (2001) Lloyed‘s Rep. P.N. 328.
vii) IH Jacob, ―The Inherent Jurisdiction of the Court‖
(1970) 23 Current Legal Problems 23, 51, Also see
Keith Mason, ―The Inherent Jurisdiction of the Court
(1983) 57‖. ―Australian Law Journal‖, 449, 458.
Annual Report 2010
viii) G. Sanam, Halsbury‘ Laws of England, 4th
ed.
(London-Butterworths); See Also, Issac H. Jacob,
―The Inherent Jurisdiction of the Court: (1970)
ix) [1976] 2 S.C.R 475, (hereinafter, ―Baxter‖)
x) College Housing Co-Operative Ltd v, Baxter Student
Housing Ltd [1976} 2 S.C.R. 475,
xi) Loc Cit, iH Jacob 51
xii) P Twist, ―the International Jurisdiction of Masters‘
[1996] New Zeeland Law Journal 351; See Also,
Jacob, above.
xiii) It must be noted that Jacob actually views the Court‘s
inherent jurisdiction as being only a part or an aspect
of its general jurisdiction rather than as incidental or
ancillary to it as Twist does. This point is however,
qualified by his assertion that inherent jurisdiction is
certainly part of procedural rather than substantive
law.
xiv) Fiona Wheeler, ―The Doctrine of Separation of
Powers and Constitutionally Enhanced Due Process in
Australia (1997) 23 Monash University law Review
248.
9) A Research Paper on the topic of “Human Rights of
Prisoners”.
The ―Index‖ below will give a cursory view as to the
amount of hard work and research which has been undertaken
by the Research Department of Punjab Judicial Academy:-
Annual Report 2010
INDEX
Sr.
No Contents Page
UNITED NATIONS
1. Standard Minimum Rules of U.N Congress 1-23
2. Principles For Protection of All Prisoners U.N
Document (1988)
24-34
3. Basic Principles For the Treatment of Prisoners 35-36
4. Torture and Ill-Treatment of Prisoners 37
5. Conference Resolution of Commission on
Political Prisoners February, 2002
38-40
6. United Nations Prison-Related Standards and
norms
41-43
7. U.N rights envoy Quintana meets political
prisoners
44-45
8. UN General Assemmbly 76th
plenary meeting
December, 1988
46-55
9. Amnesty International – UN General Assembly 56-57
10. Amnesty International Children and Human
Rights.
58-60
11. Amnesty International Detention and
Imprisonment
61-63
12. Basic Rights of Prisoners 64-74
13. Pocket Book of International Human Rights for
Prison Officials
75-89
Annual Report 2010
U.S.A
14. Legal Rights of Prisoners – Civil Rights era. 90-92
15. New York Times: Prisoners‘ Rights, 24 Nov,
2009
93-94
16. American Treatment of Prisoners Assailed –
Washington Post.
95-99
17. Prisons and Prisoners Rights: An overview. 100
18. Federal Appeals Court Condemns Shackling of
Pregnant Prisoners In Labor.
101-102
19. Ghost Prisoner. 103-106
20. Prisoners‘ Rights – Truth About Scientology. 107-114
21. Difference between Detunes and Prisoners. 115-116
22. Prisoners‘ Rights 117-126
AUSTRALIA
23. Women in Prison – A Report – Commission
Queensland.
127-130
24. Prisoners‘ Rights, New South Wales Council
For Civil Liberties.
131-133
25. Prisoners As Citizens – Australian Human
Rights Commission.
134
UNITED KINDOM
26. Serving A Prison Sentence 135-136
27. Prisoners‘ Rights – European Convention on
Human Rights.
137
ISRAIL – PALESTINE
28. Joint Press Release Of Al-Meezan Center For
Human Rights 20 May, 2009.
138-140
AFGANISTAN
29. Prisoner 650 – The Grey Ghost Lady of
Bagram.
141-144
PAKISTAN
30. There is no Amnesty International In Pakistan 145
31. 2009 Annual Report For Pakistan 146-150
32. Report On Reference Of Government On Prison
Reforms
151-156
33. Prisoners‘ Rights – Dawn Editorial 30 Aug,
2009
157-159
34. Central Jail Staff Training Institute. 160-166
MISCELLANEOUS
35. Prisoner‘s Right – Layers.com. 167-168
36. Prisoners‘ Rights – Vikipedia. 169-170.
10) A Research Paper on “Standard Minimum Rules For
Prisoners. (U.N Convention)”.
Annual Report 2010
11) A Research Paper on “Bank Account By Minors – Its
Legal Aspects”.
12) A Research Paper on “Money Laundering – Its
International Dimensions”.
13) A Research Paper on “Electronic/Cyber Crimes”.
14) A Research Paper on “Intellectual Property Laws”.
(d) The Quality of training imparted at the Academy
The quality of training in the Academy can be judged from the following
factors:-
(i) Syllabus/Topics taught at the Academy.
(ii) The professional level of the resource persons/instructors.
If the contents of this Report under the heading, ―Details of Courses run and
designed by the Academy‖ are perused, one can have a fair idea of the quality of
training imparted at the Academy. The topics of the lectures are selected by a
Committee keeping in mind the requirements of the participants in the field as well
as clearing of basic legal concepts.
Academic Core-Committee
The Academic Core-Committee consists of:
1. Director General Justice Tanveer Ahmad Khan
(Retired Judge Supreme Court)
2. Honourary Consultant Justice Khalil-ur-Rehman Khan
(Retired Judge Supreme Court)
3. Director Research Mr. Qaiser Javed Mian
(LLM, University of Miami)
4. I.T. Instructor Mr. Imran Mujaddid Rabbani
(M. Phill Computer Sciences)
Annual Report 2010
(e) The Standard of the Trainees trained at the Academy
The standard of the trainees when they come to the Academy is average.
However, it can be proudly stated that, after training, tremendous improvement has
been seen in the trainees. It can be verified by respective District & Sessions Judges
and other superior officers of the trainees. According to our reports, the trainees are
performing much better in the field after our training.
SEMINARS & WORKSHOPS
Please note that the Punjab Judicial Academy also undertakes and
participates in several Workshops, Seminars and Orientation Programmes etc. The
detail of some of the events is given below:-
(i) CCBLE – TWO DAYS WORKSHOP
Civilian Capacity Building for Law Enforcement in Pakistan (CCBLE)
organized a Two Days Workshop in Punjab Judicial Academy with its
collaboration , in the month of January, 2010 on the topic of Prisoners are
Persons. The objectives of the Workshop were explained to the participants by
Prof. Malik H. Mubashar. He also spoke and gave lectures on Emotional Literacy.
Brig. Dr. Mowadat H. Rana gave lecture on Systemetic Approach and Holistic
Model of Care. There was a very useful and enlightening lecture by Prof. Malik H.
Mubashar on the topic of Coping with Stress. Lecture on this topic was widely
hailed as most of the people in our society are suffering from unnecessary and
uncalled for stresses. Brig. Dr. Mowadat H. Rana also gave lecture on
Communication Skills & Counseling. After the lunch break on 14.01.2010, Prof.
Malik H. Mubashar, Dr. Mowadat Rana and Dr. Sohail Ali invited/started an open
debate on the topic of Conflict Resolution & Negotiation Skills.
Annual Report 2010
On the second day of the Workshop i.e. 15.01.2010 Dr. Sohail Ali gave
lectures on the topics of Normal Psychological Reactions amongst Prisoners and
Prison Staff & Psychiatric Disorders & Mental Health Issues amongst
Prisoners. Thereafter, group discussions also took place on the afore mentioned
topics.
(ii) Workshop on Child Rights and Juvenile Justice.
On 08.04.2010 a Workshop took place in Punjab Judicial Academy and an
overview of United Nations Convention on Rights of Children (UNCRC) was
given by Mr. Arshad Mehmood, Executive Director of SPARC. Mr. Anis Jilani,
Advocate Supreme Court made a presentation on the topic of Salient Features of
JJSO, 2000 while Justice (R) Munir Ahmad Mughal spoke elaborately on the topic
of Rights of Juveniles in the light of Islam. Then an overview of the entire Session
was given by Mr. Sajjad Cheema, R.M. SPARC. The workshop ended by Certificate
distribution by the Director General, Punjab Judicial Academy.
PROFESSIONAL TRAINING VISITS
(i) The trainees are made to vist to Police Training Centers such as Police
Training College, Sihala where they are taught modern techniques of investigation.
They are also taken to Police Training School Chung, Lahore, where they learn
about balistics, fire arms forensics & crime scene search methods.
Annual Report 2010
(ii) The trainees are also made to visit the Department of Forensic Medicine &
Texicology of Kind Edward Medical University, Lahore where they have
opportunity of witnessing the post-mortem examination.
(iii) The trainees are also made to visit the working & conditions of Jails. They
are usually taken to District Camp Jail, Lahore.
Annual Report 2010
(iv) The trainees are also made to visit the working & conditions of Jails. They are
usually taken to District Camp Jail , Lahore.
Annual Report 2010
PUNJAB JUDICIAL ACADEMY, LAHORE
Annual Report of Performance and Accounts
For the Year 2009-10
(U/S 9(8) & 13 Of The Punjab Judicial Academy, Act, 2007)
Establishment of the Academy.
The Punjab Judicial Academy Act was passed by the Punjab Assembly on
5th October, 2007 and assented to by the governor of Punjab on 29th October,2007.
Accordingly the Punjab Judicial Academy was established by the Punjab
Government vide Notification No.Legis.13-7/2005 on 18th May 2007 under
section 3(1) of the Punjab Judicial Academy Ordinance 2007 ( since repealed ).In
the Annual Report of Performance for the year 2008-09, the details of
operationlization of the Academy have been given.
Recruitment Process
2. After appointment of Justice (R) Tanvir Ahmed Khan as Director General by
Board Of Management, a recruitment committee was constituted as on 25.04.2009
comprising Mr. Justice Khawaja Muhammad Sharif, Hon‘ble Chief Justice, Lahore
High Court, Hon‘ble Justice Mian Muhamad Najum-uz-Zaman, Lahore High Court,
Lahore, Hon‘ble Mr. Justice Mian Saqib Nisar, Lahore High Court, Lahore,
Mr. Justice (R) Khalil-ur-Rehman Khan, Honourary Consultant, Punjab Judicial
Academy, Mr. Javed Aslam, Additional Chief Secretary, Government of the Punjab,
and Mr. Justice (R) Tanvir Ahmad Khan, Director General, Punjab Judicial
Academy to initiate the recruitment processs of faculty members, officers and staff
Annual Report 2010
of Academy after finalizaiton of qualifications and conditions of service and other
related matters.
3. An advertisement was published in the National Press on 1st and 2nd
February, 2009 to fill the different posts in the Punjab Judicial Academy of Director,
Additional Director, Senior Instructor, IT Instructor, Administrator, Deputy
Director, PS to Director General / Consultant, Assistant Director (Admin &
Accounts), Librarian, PA to Director General, Director and Accounts, Caretaker,
Assistant, Cashier, Data Entry Operator, Clerk, Naib Qasid, Chowkidar and Sanitary
Worker. Interviews / Tests of candidates for different posts were conducted and all
the posts except Senior Faculty member and Admin Officer were filled.
4. A number of the posts which could not be filled till the end of the financial
yerar 2008-09 due to ban on recruitment were filled during the current year except
some posts as detailed above.
5. In second phase an advertisement was published in the daily Newspaper
― The Nation‖ on 19-01-2010 inviting applications for different posts in the Punjab
Judicial Academy for Warden, Hardware Engineer, Library Attendant,Telephone
Operator, Duplicate Machine Operator , Plumber, Electrician, Dispatch Rider,
Driver, Cook, Chapatiman, Dish Washer, Waiter, Class Room Attendant and Naib
Qasid. Interview / Test of candidates for different posts were conducted and all posts
except Warden and Hardware Engineer were filled.
Annual Report 2010
Purchase of Vehicles
6. At present one Toyota GLI, 3 Toyata XLI, 3 Cultus, 1 Suzuki Bolan and one
motor cycle have been purchased after approval by competent authorities, detail cost
of purchase is stated in table below.
Sr. No. Vehicle Name No. of Vehicle Amount
(Rupees)
1. Toyata GLI 1 1,401,500
2. Toyota XLI 3 3,717,000
3. Suzuki Cultus 3 2,415,000
4. Suzuki Bolan 1 539,000
5. Coaster 1 3,500,000
6. Motorcycle 1 67,000
Purchase from MAKRO / METRO
7. The Board of Management of Punjab Judicial Academy in its 4th meeting
dated 03-12-2009 has authorized the Academy to purchase general items up to
Rs. one (1) lac at a time from Makro / Metro or Hyperstar without calling for
quotation.
Acquistion of land for Academy.
8. The Punjab Judicial Academy was established through Punjab Judicial
Academy Act (Act XV of 2007) on the 30th October 2007. A meeting of the
Committee on Judicial Reforms, Government of the Punjab presided by Hon‘ble
Chief Justice Lahore High Court was held on 16-07-2008 which suggested a target
dae of 01-09-2008 for start of operation of Punjab Judicial Academy. The Lahore
Annual Report 2010
High Court provided a building temporarily as a stop gap arrangement for
conducting its programmes till construction of Academy.
9. In Annual Development Programme (ADP) 2009-10, Planning and
Development Department, Govenment of the Punjab has reflected Scheme for
construction of Punjab Judicial Academy. A piece of land measuring 393 Kanal,
7 marla located in mauza Kallar, Tehsil Feroze Wala, District Sheikhupura has been
marked. The cost of land has been assessed by District Assessment Committe as
Rs. 93.921 million, PC-1 regrading the price of land approved. Subsequently for
acquisition of land to construct Punjab Judicial Academy, cheque amounting to
Rs. 93.921 million was transmitted to D.D.O.R. Ferozewala, Sheikhupura as on
16-11-2009. The efforts are afoot to get the possession of the land so that
construction would be undertaken. In this regard D.D.O.R. has been asked to
announce the award after completing all the legeal requirements.
Training Courses
10. The following training courses have been conducted in Punjab Judicial
Academy for the year 2009-2010:-
Sr.# Officials Strength Duration
1 Additional District & Sessions Judges 18 05.10.2009 to 26.12.2009
2 Jail Officers 15 04.01.2010 to 23.01.2010
3 Civil Judges-cum-Judicial Magistrates 69 26.01.2010 to 17.04.2010
4 Prosecutors 40 03.05.2010 to 29.05.2010
11. The inauguration of the fore-mentioned pre-service training courses was
performed by hon'ble Chief Justice, Lahore High Court/Chairman Punjab Judicial
Academy, Lahore. The hon'ble Chief Justice also awarded certificates to the trainees
in the closing ceremonies except the Prosecutors wherein the certificates were
awarded to the trainee Prosecutors by the hon'ble Chief Minister Punjab. The
Annual Report 2010
certificate awarding ceremony took place at the end of the duration of each training
course. The hon'ble Sitting and retired judges of superior courts, members of district
judiciary, eminent lawyers, jurists and other professionals were invited to deliver
lectures. The core curriculum of courses consisted of civil, criminal and Islamic
laws, computer skills, medical jurisprudence, court & case management and many
other allied topics with emphasis on applied knowledge. The training system was a
blend of class room instructions, case study, syndicate discussions, extention
lectures, communication skills and mock trial etc. The participants also visited the
Police College, Sihala where they were taught modern techniques of investigation.
The participants also visited the Department of Forensic Medicine & Toxicology of
King Edward Medical University, Lahore where they had opportunity of witnessing
the post-mortem examination.
12. At the end of the courses the participants submitted their evaluation of the
courses and made valuable suggestions. Some of them have been visiting the
Academy and expressing that practical knowledge about trial and appellate work has
been very useful to them in their court work.
13. The standard of Judicial officers trained by Academy has been up to the
mark while the quality of the training imparted at the Academy is also according to
the National and International standards.
RESEARCH WORK DONE BY RESEARCH DEPARTMENT OF
THE ACADEMY
Annual Report 2010
14. Director (Research & Training) Mr. Qaiser Javed Mian, LLB,
LLM(U.S.A) is the incharge of the ―Research & Training Department‖ who
operates and undertakes research assignments under the instructions,
supervision and guidance of Justice (Rtd.) Tanveer Ahmed Khan, Director
General & Justice (Rtd.) Khalil-ur-Rehman Khan, Honourary Consultant of
the Punjab Judicial Academy.
Briefly the research work undertaken by the Department of ―Research &
Training‖, Punjab Judicial Academy is as follows:-
PUBLISHED WORKS
vi) An Article “Features of Financial Institutions
(Recovery of Finance) Ordinance, 2001” published in
Pakistan Law Journal (PLJ), October 2009, Magazine
part, Page 474.
vii) An Article “Dishonouring of a Bank Cheque”
published in Corporate Law Decisions (CLD), January
2010, Page 1.
viii) An Article “Arbitration in Illegal Contracts” published
in Corporate Law Decisions (CLD), February 2010,
Page 9.
ix) An Article “Piercing Through Corporate Veil”
published in Corporate Law Decisions (CLD), February
2010, Page 24.
x) An Article “Nexus Between Human Rights And
Corruption According to U.N.” published in Pakistan
Law Journal (PLJ), August 2010, Page 204.
Annual Report 2010
xi) An Article “Operationalization of Small Claims And
Minor Offences Courts Ordinance, 2002” published in
All Pakistan Legal Decisions (PLD), July 2010 Page
138.
xii) An Article “Compounding of Death Sentence
Awarded by way of Qisas and Ta‟zir… Legal
Implication” published in All Pakistan Legal Decisions
(PLJ), 2008 Volume 4, Page 161.
UNPUBLISHED RESEARCH PAPERS
1) A Research Paper on “Environmental Law”.
PEPA (XXXIV of 1997) has been thoroughly discussed
analytically with reference to the case law:
xv) PLD 2007 Karachi 293 = 2007 CLD 783
xvi) Ms. Shehla Zia and others v. WAPDA‖ PLD 1994 SC
693.
xvii) Anjum Irfan v. Lahore Development Authority‖, PLD
2002 Lah. 555.
xviii) 2001 CLC 1139.
xix) Mansoor Ali Shah versus Government of Pakistan, PLD
2007 Lahore 403 = 2007 CLD 533.
xx) 1996 SCMR 543.
xxi) Nestle MilkPak Limited versus Sindh Institute of
Urology: PLD 2007 Karachi 11(DB).
xxii) Nazim, U.C. Allah Bachayo Shore vs. State, 2004 YLR
2007.
xxiii) General Secretary, West Pakistan Salt Miners Labour
Union (CBA) Kheura, Jehlum v. The Director, Industries
and Mineral Development Punjab, Lahore, 1994 SCMR
2062.
Annual Report 2010
xxiv) Shehri C.B.E. versus Government of Pakistan” PLD 2007
Karachi 293= 2007 CLD 783.
xxv) Shaheen Welfare Society (Regd) versus Environmental
Protection Agency Punjab, Lahore; 2005 CLD 1267.
xxvi) Shamsul Arfeen vs. Karachi Building Control Authority”
PLD 2007 Kar. 498.
xxvii) Aamir Bakhat Azam v. Co-operative Model Town Society
(1962 Limited), Lahore” 2007 CLC 374.
xxviii) Muhammad Tariq Abbasi v. Defence Housing Authority”
2007 CLC 1358(Kar)(DB).
2) A Research Paper on “Does „Competition Ordinance‟
Result In Consumer Protection”:
It is a comparative study and discusses the U.S. Anti-Trust
Law as envisaged in The Sherman Antitrust Act (1890) and
also Sherman – Pitman Bill. It also discusses the Anti
Competition Law of U.K as well as of European Union
(Treaty of Rome) and Australia‘s Law of ―Trade Practices
Act, 1974‖. It also analytically discusses the Indian
Consumer Protection Law, 1986. Lastly an elaborate
discussion has been made on Pakistani Anti Monopoly Law
Repealed by Competition Ordinance (LII of 2007).
Besides the books of several authors, the bibliography of
which is not included however, the reported cases referred to
are cited below:
viii) Olympia Equipment Leasing Co. v. Western Union
Telegraph Co., 797 F.2d 370, 379 (7th
Cir. 1986)
(Posmer,J.)
ix) United States v. Aluminum Corp. of America (―Alcoa‖),
148 f.2D 416, 430 (1945) (l.Hand, J.)
x) Board of Trade of the City of Chicago v. United States,
246 U.S. 231, 244 (1918) (―Chicago Board of Trade‖).
Annual Report 2010
xi) Walker Process Equipment, Inc. v. Food Machinery &
Chemical Corp., 382 U.S. 172 (1965).
xii) Hawai vs. Standard oil Co. of Cal., 405 U.S. 251, 262
(1972).
xiii) California vs. American Stores Co., 495 U.S.271, 110
S.Ct. 1853, 109 L.Ed.2d 240 (1990).
xiv) United States v. Aluminium Co. of Am. 148 2nd
416(2d
Cir. 1945) (Hand, J).
3) A Research Paper on “Judgment Writing”.
It contains, inter-alia, judgments of the superior courts on
―Judgment Writing‖ and 44-judgments have been cited
along with their ratios dividendi.
4) A Research Paper on “Statute Interpretation”.
It contains, inter-alia, judgments of the superior courts on
“Statute Interpretation” and 61-judgments have been cited
along with their ratios devidendi.
5) A Research Paper has been prepared on the topic of “Legal
Education In Pakistan”. The Index of the Paper reflects the
hard work and research undertaken in preparing this paper.
The Index is as follows:-
INDEX
Sr.
No
Contents Page
1. ―Innovations in Legal Education‖ By Qaiser
Javed Mian
1-6
2. ―Legal Education In Pakistan‖ 7-24
3. ―Legal Education In Pakistan – A Review‖ by
Professor Ahmad Ali Khan
25-29
4. ―Legal Education‖ by Nafeer Ahmed Malik,
Principal Quaid-e-Azam Law College, Lahore.
30-34
5. Professionalism & Ethics [Legal Education; a
case study] by Hadia Awan, Principal Punjab
Law College, Lahore.
35-55
6. Punjab University Course Outline 56-62
7. University of South Asia 63-64
8. University College of Lahore 65-66
Annual Report 2010
9. Pakistan Law College 67-68
10. University of Central Punjab 69-71
11. Pakistan Bar Council Legal Education Rules 72-74
6) A detailed Research Paper has been prepared on “United
Nations Convention Against Corruption” U.N. General
Assembly Resolution 58/4 of October 31, 2003.
7) A Research Paper on the topic of “Death Penalty”.
The Subject Index shall show the kind and nature of the
research work which has been undertaken. The Index is
given below:-
INDEX
Sr.
No
Contents Page
1. Background/History 1-2
2. Arguments For Death Penalty – Britian,
America, Singapore.
3-5
3. Arguments Against Death Penalty 5-7
4. Possibility of Restoration of Capital Punishment
in Britian.
7-9
5. The Alternatives 9-18
6. Method of Executions 1977-2003 19-22
7. Death Penalty – Deterrent or Revenge 23-32
8. Bible on Death Penalty 32-33
9. Death Penalty Deterrent Effect 32-35
10. Conclusion 35-37
11. Abstract 38
12. Death penalty for kids, women abolished
Decision of Lahore High Court, Lahore, 2009
39-42
13. International Political Attempts to abolish death
penalty
43-44
14. References (Books & Articles) on the subject 44-45
15. Recent Legal History of Death Penalty in
America
46-48
16. Current Status of Death Penalty in U.S 49
17. Pros & Cons of Death Penalty 49-51
Annual Report 2010
8) A Research Paper on “Legal Presumptions”
The footnotes given in the research paper reflect the amount
and nature of the work undertaken in preparing the ―Paper‖,
which are given as under:-
xv) Nicholas Resher, ―Presumption and the Practices of
Tentative Cognition‖ Cambridge University Press (2009).
xvi) French Code Civil, art. 1349.
xvii) Sir Courtenay Ilbert art. ―Evidence, Encyclopedia
Britanica,‖ 11th
edition Vol. 10 (Cambridge 1910) pp/ 11-
21 (see p.15). This is the view of Sir Courtenay Ilbert
about the concept of Sir James Stephens.
xviii) Butt W. Jones, ―The Law of Evidence, Civil and
Criminal,‖ Vol 1, 5th
edition (San Francisco, Whitney
1958).
xix) ―Staufen V. British Columbia (Attorney General), 2001
DCSC 779 (Can La II).
xx) The legal presumption and the factual presumption are
defined in Vol. 9, Ency. Of Evidence, 882.
xxi) Charles V. Roxana Petroleum Corporation, C.C.A.OKL.,
282 F. 983, 988.
xxii) Andre Lalande, “Vocabulaire de la philosopie,” 9th
edition. (Paris presses univerisitaires de France, 1962) .
xxiii) The modern philosophical literature on ―presumptions‖ is
not extensive when I wrote ―Dialectics‖ (Albany: State
University of New York press, 1977) there was little apart
from Roland Hall‘s ―Presuming,‖ ―Philosophical
Quarterly,‖ 11 (1961), Andre Lalande .
xxiv) Richard A. Epstein ―Pleading and Presumptions,‖
University of Chicago Law Review, 40 (1973-74) 556-82.
Annual Report 2010
xxv) Andre Lalande ―Vocaulaire de la Philosophie 9th
edition
(Paris: presses univerisitaires de France 1962) s.v.
―Presumption‖;
xxvi) Richard A. Epstein, ―Pleadings and Presumption‖
(University of Chicago Law Review) 40 (1973-4) 556-
82
xxvii) C.S. Peirce put the case for presumption in a somewhat
different way. He maintained them crucial to maintaining
the line between sense and foolishness. (Collected papers,
VI, 6.423; Compare 11, 2 776-7. Also see generally, N.
Rescher, Peirce‘s /philosophy of Science (Notre Dame,
Ind. Univ. of Notre Dame Press 1978)
xxviii) B.W.Jones ―The Law of Evidence, Civil and Criminal‖,
Vol. 1, 5th
ed. (San. Francisco: Baneroft Whitney, 1958)
9) A Research Paper on the topic of “Legal Fiction”, along
with case study of Staufen v. Attorney General British
Columbia, 2001 BCSC 779 (Can LII).
The footnotes given in the research paper reflect the amount
and nature of the work undertaken in preparing the ―Paper‖,
which are given as under:-
xiv) Shakespeare, King Henry VI, Part 2, Act IV, Scene 2.
xv) A. Laurence Polak (Reported by), and Diana Pullingir
(Illustrated by) “More Legal Fiction” (a series of cases
from Shakespeare) published by Stevens & Sons Limited,
(London, 1946) p-11.
xvi) Bryan A. Garner (Editor-in-Chief), ―Black‘s Law
Dictionary‖ (seventh edition – 1999, USA) p-804.
xvii) Henry S. Maine, ―Ancient Law‖ 21-22 (17th
edition. 1901)
quoted from Ibid.
Annual Report 2010
xviii) Morris R. Cohen, “Law and the Social Order”, 126
(1933) quoted from Ibid.
xix) Britanica Encyclopedia
xx) Fuller, “Legal Fictions”, 25 Illinois Law Review (1930,
1931), 363,519,877 (published in 3 parts)
xxi) Daimler Co. V. Continental Tyre Co., Ltd., Law Reports;
(London) [1916] 2 AC p. 307.
xxii) Littauer Glove Corp v. Millington, 44 Times Law Reports
(746)
xxiii) In England and Wales: ―Law of Property Act 1925‖,
s.184.
xxiv) M/S Tank Steel and Re-Rolling Mills (PVT) Ltd V. Dera
Ismail Khan & other, ―PLD 1996 Supreme Court 77 at p.
85‖
xxv) Siraj Din & others V. Sardar Khan & others, ―1993
SCMR 745 at p/ 749‖.
xxvi) Staufen v. British Columbia (Attorney General) BCSC
779 (Can L II) (The judgment of Mr. Justice Scarth has
been abridged, edited and summarized by the present
author.)
10) A Research Paper on “Civil Prosecution as distinguished
from Criminal Prosecution” A case study of O.J.
Simpson in U.S.A.
11) A Research Paper on the topic of “Mandatory and
Directory Provisions – Distinction”.
The footnotes given in the research paper reflect the amount
and nature of the work undertaken in preparing the ―Paper‖,
which are given as under:-
Annual Report 2010
i) S.G.G.Edger ―Craies on Statute Law‖, (London, 7th
ed., Sweet & Maxwell 1971).
ii) F.A.R Bennion, ―Statutory Interpretation: A Code‖,
(London 4th ed. Butterworths, 2002) at 396.
iii) E.t. Crawford, ―The construction of Statutes‖, Lahore,
Pakistan Law House, 1998 at 109.
iv) F.A.R. Bennion, Loc Cit at p.34
v) P.St. j.Langan, ―Maxwell on the Interpretation of
Satutes‖, Bombay, 12th ed. N.M.Tripathi Ltd, 1976 at
p.315-316.
vi) V.P. Sarathi, ―Interpretation of Statutes‖, (Lucknow,
4th ed. Eastern Book Company 2003) at 585. Also
see A. Singh, ―Introduction to Interpretation of
Satutes (Nagpur, Wadha & Co. 2001) at 109-110.
vii) G.P. Singh, “Principles of Statutory Interpretation”
(Nagpur 17th ed. Wadha & Co 1999) p.290.
viii) West’s Encyclopaedia of American Law ed.2 copy
right 2008, (The Gale Group, Inc)).
12) A Research Paper on “Execution of Foreign Arbitral
Awards In Pakistan” with reference to Pakistani case
law and U.N Convention (1958) on the Recognition
and Enforcement of Foreign Arbitral Awards.
13) A Research Paper on “Some Legal Aspects of Bank
Guarantee”, with particular reference to the case of
Shipyard K. Damen International vs. Karachi
Shipyard and Engineering Works Limited cited as PLD
2003 SC 191.
Annual Report 2010
14) A Research Paper on “Inherent Jurisdiction”.
The footnotes given in the research paper reflect the
amount and nature of the research undertaken in
preparing the ―Paper‖, which are given as under:-
ix) Brian A-Garner (Editor-in-Chief), ―Black‘s Law
Dictionary‖, (7th
ed. 1999)
x) ―Civil Procedure‖, Vol. 2, Para 9A- 163 (―Stay Under
the CPR‖).
xi) ―Ebert v. Venvil (1999) 3 W.L.R.670 C.A.
xii) Attorney General v. Ebert (2001) EWHC Admin 695;
(2002) 2 ALL E.R. 789, DC
xiii) Bhamjee v. Forsdick (2003) EWCA civ. 113; The
Times July 31st, 2003 C.A.
xiv) Padhiar v. Patel (2001) Lloyed‘s Rep. P.N. 328.
xv) IH Jacob, ―The Inherent Jurisdiction of the Court‖
(1970) 23 Current Legal Problems 23, 51, Also see
Keith Mason, ―The Inherent Jurisdiction of the Court
(1983) 57‖. ―Australian Law Journal‖, 449, 458.
xvi) G. Sanam, Halsbury‘ Laws of England, 4th
ed.
(London-Butterworths); See Also, Issac H. Jacob,
―The Inherent Jurisdiction of the Court: (1970)
xvii) [1976] 2 S.C.R 475, (hereinafter, ―Baxter‖)
xviii) College Housing Co-Operative Ltd v, Baxter Student
Housing Ltd [1976] 2 S.C.R. 475,
xix) Loc Cit, iH Jacob 51
xx) P Twist, ―the International Jurisdiction of Masters‘
[1996] New Zeeland Law Journal 351; See Also,
Jacob, above.
xxi) It must be noted that Jacob actually views the Court‘s
inherent jurisdiction as being only a part or an aspect
of its general jurisdiction rather than as incidental or
Annual Report 2010
ancillary to it as Twist does. This point is however,
qualified by his assertion that inherent jurisdiction is
certainly part of procedural rather than substantive
law.
xxii) Fiona Wheeler, ―The Doctrine of Separation of
Powers and Constitutionally Enhanced Due Process in
Australia (1997) 23 Monash University law Review
248.
15) A Research Paper on “U.N. Convention on Torture”.
16) A Research Paper on the topic of “Human Rights of
Prisoners”.
The ―Index‖ below will give a cursory view as to the
amount of hard work and research which has been undertaken
by the Research Department of Punjab Judicial Academy:-
INDEX
Sr.
No
Contents Page
UNITED NATIONS
1. Standard Minimum Rules of U.N Congress 1-23
2. Principles For Protection of All Prisoners U.N
Document (1988)
24-34
3. Basic Principles For the Treatment of Prisoners 35-36
4. Torture and Ill-Treatment of Prisoners 37
5. Conference Resolution of Commission on
Political Prisoners February, 2002
38-40
6. United Nations Prison-Related Standards and
norms
41-43
7. U.N rights envoy Quintana meets political
prisoners
44-45
8. UN General Assemmbly 76th
plenary meeting
December, 1988
46-55
9. Amnesty International – UN General Assembly 56-57
10. Amnesty International Children and Human
Rights.
58-60
11. Amnesty International Detention and
Imprisonment
61-63
12. Basic Rights of Prisoners 64-74
Annual Report 2010
13. Pocket Book of International Human Rights for
Prison Officials
75-89
U.S.A
14. Legal Rights of Prisoners – Civil Rights era. 90-92
15. New York Times: Prisoners‘ Rights, 24 Nov,
2009
93-94
16. American Treatment of Prisoners Assailed –
Washington Post.
95-99
17. Prisons and Prisoners Rights: An overview. 100
18. Federal Appeals Court Condemns Shackling of
Pregnant Prisoners In Labor.
101-102
19. Ghost Prisoner. 103-106
20. Prisoners‘ Rights – Truth About Scientology. 107-114
21. Difference between Detunes and Prisoners. 115-116
22. Prisoners‘ Rights 117-126
AUSTRALIA
23. Women in Prison – A Report – Commission
Queensland.
127-130
24. Prisoners‘ Rights, New South Wales Council
For Civil Liberties.
131-133
25. Prisoners As Citizens – Australian Human
Rights Commission.
134
UNITED KINDOM
26. Serving A Prison Sentence 135-136
27. Prisoners‘ Rights – European Convention on
Human Rights.
137
ISRAIL – PALESTINE.
28. Joint Press Release Of Al-Meezan Center For
Human Rights 20 May, 2009.
138-140
AFGANISTAN
29. Prisoner 650 – The Grey Ghost Lady of
Bagram.
141-144
PAKISTAN
30. There is no Amnesty International In Pakistan 145
31. 2009 Annual Report For Pakistan 146-150
32. Report On Reference Of Government On Prison
Reforms
151-156
33. Prisoners‘ Rights – Dawn Editorial 30 Aug,
2009
157-159
34. Central Jail Staff Training Institute. 160-166
MISCELLANEOUS
35. Prisoner‘s Right – Layers.com. 167-168
36. Prisoners‘ Rights – Vikipedia. 169-170.
Annual Report 2010
17) A Research Paper on “Standard Minimum Rules For
Prisoners. (U.N Convention)”.
18) A Research Paper on “Bank Account By Minors – Its
Legal Aspects”.
19) A Research Paper on “Money Laundering – Its
International Dimensions”.
20) A Research Paper on “Electronic/Cyber Crimes”.
21) A Research Paper on “Intellectual Property Laws”.
Audit and statements of accounts.
15. As envisaged under section 13 of the Punjab Judicial Academy Act, audit of
the accounts of the Academy for the year 2009-10 was conducted by a Chartered
Accountant. The audit report and statement of accounts are enclosed as Annex „A‟
and Annex-„B‟ respectively.
(JUSTICE (R) TANVIR AHMAD KHAN)
Director General
Punjab Judicial Academy
Annual Report 2010
THE PUNJAB JUDICIAL ACADEMY ACT, 2007
(XV of 2007)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Establishment of the Academy
4. Functions of the Academy
5. Manner of training
6. Board of Management
7. Meetings of the Board
8. Powers and functions of the Board
9. Director General
10. Appointment of officers and staff
11. Fund
12. Budget and accounts
13. Audit
14. Submission of report
15. Rules
16. Repeal
Annual Report 2010
TEXT
1THE PUNJAB JUDICIAL ACADEMY ACT, 2007
(XV of 2007)
[30th October, 2007]
An
Act to provide for the establishment of
Judicial Academy in the Province of the Punjab.
Preamble.– Whereas it is expedient to establish an academy for imparting
training to the
judicial officers and court personnel with a view to develop their capacity,
professional competency
and ethical standards for efficient dispensation of justice and matters ancillary
thereto;
It is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be cited as
the Punjab Judicial Academy Act, 2007.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Act–
(a) ―Academy‖ means the Punjab Judicial Academy established under section
3;
(b) ―Board‖ means the Board of Management of the Academy;
(c) ―Chairperson‖ means the Chairperson of the Board;
(d) ―court personnel‖ means an employee of the establishment of the Lahore
High Court, a court and a tribunal under the administrative control of the
Lahore High Court;
(e) ―Director General‖ means the Director General of the Academy;
(f) ―faculty‖ means members of the teaching staff of the Academy;
(g) ―Fund‖ means the Judicial Training Fund;
(h) ―Government‖ means the Government of the Punjab;
(i) ―judicial officer‖ means a District Judge, a Sessions Judge, an Additional
District Judge, an Additional Sessions Judge, a Senior Civil Judge, a Civil
Judge, a Judicial Magistrate, a Special Judicial Magistrate or a presiding
Annual Report 2010
officer of a court or a tribunal under the administrative control of the Lahore
High Court;
(j) ―member‖ means a member of the Board;
(k) ―prescribed‖ means prescribed by the rules made under this Act; and
(l) ―staff‖ means staff of the Academy.
3. Establishment of the Academy.— (1) The Government shall, by
notification, establish an Academy to be called the Punjab Judicial Academy.
(2) The Academy shall be a body corporate having perpetual succession and a
common seal with power to enter into contract and may sue or be sued by the
said name.
(3) The Academy shall be at Lahore.
4. Functions of the Academy.— The Academy shall–
(a) impart pre-service and in-service training to the judicial officers and court
personnel;
(b) develop the skills and techniques for court management, case
management, delay reduction, alternate dispute resolution and judgment
writing;
(c) conduct examinations and award certificates and diplomas;
(d) develop training courses relating to administration of justice including use
of information technology;
(e) hold conferences, seminars, lectures, workshops and symposia relating to
court management, administration of justice, law and development and
legislative drafting;
(f) publish books, journals, research papers and reports on important topics
relating to administration of justice;
(g) promote research on case management, court management, trial skills and
judicial reasoning;
(h) encourage legal and constitutional research;
Annual Report 2010
(i) inculcate and promote ethical values and standards in judicial officers and
court personnel;
(j) coordinate with other educational and training institutions including the
Federal Judicial Academy;
(k) conduct training and examinations of other officers and personnel on the
direction of the Board; and
(l) perform such other functions as may be assigned to it by the Board.
5. Manner of training.— (1) The Academy shall use all modern techniques
for imparting judicial training. Teaching methods and evaluation system shall
be at par with international standards.
(2) The Academy may enter into arrangements with other recognized public
and private institutions for imparting training.
(3) The Academy shall institute a quality examination and evaluation system
with regard to the training imparted
6. Board of Management.— (1) The management and administration of the
Academy shall vest in the Board.
(2) The Board shall consist of–
(a) Chief Justice, Lahore High Court; Chairperson
(b) two judges of the Lahore High Court
nominated by the Chairperson; members
(c) Chairman, Planning & Development Board member
of the Government;
(d) Registrar, Lahore High Court; member
(e) Additional Chief Secretary of the Government member
(f) Secretary to the Government, Finance Department member
(g) Secretary to the Government,Law
Parliamentary Affairs and Human member
Rights Department;
(h) Principal, Punjab University, Law College, member
Annual Report 2010
University of the Punjab, Lahore;
(i) a District & Sessions Judge member
nominated by the Chairperson; and
(j) Director General member/Secretary
(3) The existence of a vacancy in the constitution of the Board shall not
invalidate an act or proceedings of the Board.
7. Meetings of the Board.— (1) The Board shall meet at least thrice in a
calendar year.
(2) The Director General shall convene a meeting of the Board on the
direction of Chairperson or written request of three or more members.
(3) In the meeting of the Board,–
(a) the Chairperson, or in his absence, a member nominated by the
Chairperson shall preside;
(b) five members shall constitute the quorum;
(c) all decisions of the Board shall be taken by simple majority;
(d) the Chairperson or a member presiding shall have a casting vote;
and
(e) the Director General shall record the minutes of the meeting.
8. Powers and functions of the Board.— (1) The Board shall–
(a) exercise supervision and control over the affairs of the Academy;
(b) lay down the policy and program for training and approve courses
of the Academy;
(c) evaluate or cause to be evaluated the performance of the Academy;
(d) approve the annual budget and revised budget estimates of the
Academy;
(e) cause proper books of accounts to be maintained for all sums of
money received and expenditures incurred by the Academy and
arrange for the audit of accounts;
Annual Report 2010
(f) determine the terms and conditions of service of the Director
General and staff of the Academy;
(g) create, abolish or upgrade a post;
(h) appoint an officer in BS-16 or above; and
(i) prescribe qualifications, conditions of service and other matters
relating to faculty, officers and staff.
(2) The Board may–
(a) purchase, acquire, hire, dispose of or construct any property for the
Academy;
(b) hold, control and administer the property of the Academy;
(c) receive grants-in-aid and donations from the Federal Government,
the Government or any other organization, person or agency;
(d) regulate, determine and administer all matters concerning the
Academy;
(e) appoint advisors, consultants and experts for assistance;
(f) appoint or hire permanent or visiting faculty;
(g) assign a specific power to a person or organization; and
(h) exercise any other power ancillary to the aims and objects of the
Academy.
(3) The Board may delegate all or any of its powers or functions to the
Chairperson, a member or a committee of members.
9. Director General.— (1) The Chairperson shall appoint the Director
General of the Academy for a term of four years on the recommendation of
the Board.
(2) The Director General may resign by tendering his resignation to the
Chairperson and shall cease to hold office upon acceptance of his resignation.
(3) The Chairperson on the recommendation of the Board may, after
providing an opportunity of being heard, remove the Director General during
the term of his office.
Annual Report 2010
(4) The Director General shall be a person who has been a Judge of the
Lahore High Court or a District Judge of the Punjab.
(5) The Director General shall be the chief executive officer of the Academy
and shall be responsible for the affairs of the Academy before the Board.
(6) The Director General shall be the principal accounting officer of the
Academy.
(7) The Director General may, with the approval of the Chairperson, appoint
staff in BS-1 to 15.
(8) The Director General shall, within two months of conclusion of each
financial year, submit annual report to the Board containing performance and
proposals for the improvement in the performance of the Academy.
10. Appointment of officers and staff.— (1) The Board or the Director
General may appoint officers and staff of the Academy in accordance with the
provisions of this Act by direct recruitment, deputation, promotion or on
contract basis.
(2) The Board shall determine the manner and the terms and conditions of
appointment of officers and staff of the Academy.
(3) The Board shall prescribe qualification and experience of the teaching
staff of the Academy taking into account, the qualification and experience
prescribed for such staff in the world renowned Judicial Academies.
11. Fund.— (1) There shall be a fund of the Academy to be known as the
Judicial Training Fund.
(2) The Director General shall ensure the deposit of the income of the
Academy in the Fund and incurring of the expenditures of the Academy from
the Fund.
(3) The sources of income of the Fund shall be–
(a) grants made by the Federal Government or the Government;
(b) donations, endowments and grants from any individual,
organization or agency, whether national or international;
Annual Report 2010
(c) sale proceeds of the property and publications of the Academy; and
(d) any other sum received by the Academy from any lawful source.
(2) The Fund shall be kept in such custody, utilized and regulated in the
prescribed manner.
12. Budget and accounts.— (1) The Director General shall utilize the Budget
and maintain the accounts of the Academy in the prescribed manner.
(2) The Director General shall prepare the Budget of the Academy for each
financial year.
(3) The Director General shall not incur any expenditure from the Fund
without the approval of the Board.
13. Audit.— (1) The Board shall appoint a chartered accountant or a firm of
chartered accountants to audit the accounts of the Academy.
(2) The Director General, with the approval of the Board, within six months
of the close of the financial year, shall submit to the Government the annual
statement of accounts of the Academy alongwith the report of the auditor.
14. Submission of report.— (1) The Director General shall, with the
approval of the Board, within the period of six months, submit annual audit
and performance reports to the Government which shall include the
following:-
(a) details of courses run and designed by the Academy;
(b) details of examinations carried out by the Academy;
(c) research work done by the Academy;
(d) the quality of training imparted at the Academy; and
(e) the standard of the students trained at the Academy.
(2) The Government shall, within two months of the receipt of the reports,
submit the same before the Provincial Assembly of the Punjab.
Annual Report 2010
15. Rules.— The Board may, with the approval of the Government, make
rules for carrying out
the purposes of this Act.
16. Repeal.— The Punjab Judicial Academy Ordinance 2007 (XV of 2007) is
hereby repealed.
This Act was passed by the Punjab Assembly on 5 October 2007;
assented to by the Governor of the Punjab on 29 October 2007; and, was
published in the Punjab Gazette (Extraordinary), dated 30 October 2007,
pages 1463-67.
