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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
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Message from Honorary Consultant
(i) And whoever commits that through aggression and injustice, We shall ,An-Nisa , سورة النساء ) .cast him into the Fire, and that is easy for Allah 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 .(An-Nisa, Chapter #4, Verse #135 , سورة النساء ) .what you do
Justice(R) Khalik-ur-Rehman Khan Honorary Consultant
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(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)
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(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.
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(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.
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(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.
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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.
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( Photograph of the Certificate Awarding Ceremony of Public Prosecutors of 5th Training Course. The Hon„able Chief Minister Punjab was the Chief Guest)
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(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.
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(Judicial Training Program January 24-26, 2011) Punjab Judicial Academy Lahore in cooperation With US Department of Justice
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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‘
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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
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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
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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
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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
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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).
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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.)
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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:-
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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
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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.
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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.
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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:-
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INDEX
Sr. Contents Page No UNITED NATIONS 1. Standard Minimum Rules of U.N Congress 1-23 2. Principles For Protection of All Prisoners U.N 24-34 Document (1988) 3. Basic Principles For the Treatment of Prisoners 35-36 4. Torture and Ill-Treatment of Prisoners 37 5. Conference Resolution of Commission on 38-40 Political Prisoners February, 2002 6. United Nations Prison-Related Standards and 41-43 norms 7. U.N rights envoy Quintana meets political 44-45 prisoners 8. UN General Assemmbly 76th plenary meeting 46-55 December, 1988 9. Amnesty International – UN General Assembly 56-57 10. Amnesty International Children and Human 58-60 Rights. 11. Amnesty International Detention and 61-63 Imprisonment 12. Basic Rights of Prisoners 64-74 13. Pocket Book of International Human Rights for 75-89 Prison Officials
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U.S.A 14. Legal Rights of Prisoners – Civil Rights era. 90-92 15. New York Times: Prisoners‘ Rights, 24 Nov, 93-94 2009 16. American Treatment of Prisoners Assailed – 95-99 Washington Post. 17. Prisons and Prisoners Rights: An overview. 100
18. Federal Appeals Court Condemns Shackling of 101-102 Pregnant Prisoners In Labor. 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 127-130 Queensland. 24. Prisoners‘ Rights, New South Wales Council 131-133 For Civil Liberties. 25. Prisoners As Citizens – Australian Human 134 Rights Commission. UNITED KINDOM 26. Serving A Prison Sentence 135-136 27. Prisoners‘ Rights – European Convention on 137 Human Rights. ISRAIL – PALESTINE 28. Joint Press Release Of Al-Meezan Center For 138-140 Human Rights 20 May, 2009. AFGANISTAN 29. Prisoner 650 – The Grey Ghost Lady of 141-144 Bagram. 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 151-156 Reforms 33. Prisoners‘ Rights – Dawn Editorial 30 Aug, 157-159 2009 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)”.
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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)
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(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.
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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.
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(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.
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(iv) The trainees are also made to visit the working & conditions of Jails. They are usually taken to District Camp Jail , Lahore.
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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
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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.
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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
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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
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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
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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.
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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.
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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‖).
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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. Contents Page No 1. ―Innovations in Legal Education‖ By Qaiser 1-6 Javed Mian 2. ―Legal Education In Pakistan‖ 7-24 3. ―Legal Education In Pakistan – A Review‖ by 25-29 Professor Ahmad Ali Khan 4. ―Legal Education‖ by Nafeer Ahmed Malik, 30-34 Principal Quaid-e-Azam Law College, Lahore. 5. Professionalism & Ethics [Legal Education; a 35-55 case study] by Hadia Awan, Principal Punjab Law College, Lahore. 6. Punjab University Course Outline 56-62 7. University of South Asia 63-64 8. University College of Lahore 65-66
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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. Contents Page No 1. Background/History 1-2 2. Arguments For Death Penalty – Britian, 3-5 America, Singapore. 3. Arguments Against Death Penalty 5-7 4. Possibility of Restoration of Capital Punishment 7-9 in Britian. 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 39-42 Decision of Lahore High Court, Lahore, 2009 13. International Political Attempts to abolish death 43-44 penalty 14. References (Books & Articles) on the subject 44-45 15. Recent Legal History of Death Penalty in 46-48 America 16. Current Status of Death Penalty in U.S 49 17. Pros & Cons of Death Penalty 49-51
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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.
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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.
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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:-
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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.
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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
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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. Contents Page No UNITED NATIONS 1. Standard Minimum Rules of U.N Congress 1-23 2. Principles For Protection of All Prisoners U.N 24-34 Document (1988) 3. Basic Principles For the Treatment of Prisoners 35-36 4. Torture and Ill-Treatment of Prisoners 37 5. Conference Resolution of Commission on 38-40 Political Prisoners February, 2002 6. United Nations Prison-Related Standards and 41-43 norms 7. U.N rights envoy Quintana meets political 44-45 prisoners 8. UN General Assemmbly 76th plenary meeting 46-55 December, 1988 9. Amnesty International – UN General Assembly 56-57 10. Amnesty International Children and Human 58-60 Rights. 11. Amnesty International Detention and 61-63 Imprisonment 12. Basic Rights of Prisoners 64-74
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13. Pocket Book of International Human Rights for 75-89 Prison Officials U.S.A 14. Legal Rights of Prisoners – Civil Rights era. 90-92 15. New York Times: Prisoners‘ Rights, 24 Nov, 93-94 2009 16. American Treatment of Prisoners Assailed – 95-99 Washington Post. 17. Prisons and Prisoners Rights: An overview. 100
18. Federal Appeals Court Condemns Shackling of 101-102 Pregnant Prisoners In Labor. 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 127-130 Queensland. 24. Prisoners‘ Rights, New South Wales Council 131-133 For Civil Liberties. 25. Prisoners As Citizens – Australian Human 134 Rights Commission. UNITED KINDOM 26. Serving A Prison Sentence 135-136 27. Prisoners‘ Rights – European Convention on 137 Human Rights. ISRAIL – PALESTINE. 28. Joint Press Release Of Al-Meezan Center For 138-140 Human Rights 20 May, 2009. AFGANISTAN 29. Prisoner 650 – The Grey Ghost Lady of 141-144 Bagram. 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 151-156 Reforms 33. Prisoners‘ Rights – Dawn Editorial 30 Aug, 157-159 2009 34. Central Jail Staff Training Institute. 160-166 MISCELLANEOUS 35. Prisoner‘s Right – Layers.com. 167-168 36. Prisoners‘ Rights – Vikipedia. 169-170.
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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
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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
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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
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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;
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(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
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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;
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(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.
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(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;
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(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.
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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.