VISION 2027 Held on 20-5-2017 at Hotel Marriott, Karachi
Organize By: Sindh Judicial Academy
A STEP TO SOFT SOFT TO STEP A REFORM Contents:
• Foreword ……. • Concept Note….. • Proceedings……… • First Session……… • Second Session ………… • Recommendations……… • Declaration 2017……… • Address of Honorable Chief Justice High Court of Sindh…… • Vote of Thanks, DG, Sindh Judicial Academy…. • Presentations • Annexures
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Sindh Judicial Academy, Karachi. Table of Contents FOREWORD ...... 3 CONCEPT NOTE ...... 4 Proceedings ...... 9 First Session ...... 9 Second Session ...... 15 Group 1 – Procedural Framework...... 15 Group 2 – Substantive Laws ...... 15 Group 3 – Transforming Service Delivery ...... 16 Group 4 – Performance and Excellence Management...... 16 Group 5 – Improving Coordination with other Justice State Actors...... 17 RECOMMENDATIONS ...... 18 Recommendation of Group 1 – Procedural Framework...... 18 Recommendations of Group 2 – Substantive Laws ...... 20 Recommendation of Group 3 – Transforming Service Delivery...... 23 Recommendation of Group 4 – Performance and Excellence Management...... 25 Recommendation of Group 5 – Improving Coordination with other Justice State Actors...... 28 Declaration 2017 ...... 34 It is Unanimously Declared and Approved: ...... 35 Speech of the Honorable Chief Justice High Court of Sindh, ...... 38 Vote of Thanks by Honorable Mr. Justice Khilji Arif Hussain ...... 42 PRESENTATIONS ...... 46 Presentation Honorable Mr. Justice Khilji Arif Hussain, Director General, Sindh Judicial Academy ...... 47 Presentation by Ms Summaiya Zaidi- Advocate, Legal Aid Society ...... 55 ANNEXURES ...... 60 Schedule of Activities ...... 61 List of Participants ...... 63 PICTORIAL VIEW ...... 72
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Consultative Workshop Launching the Flagship Project of the Sindh Judicial Academy “A Vision for Justice: 2027” FOREWORD The world is contriving to enter successfully into third decennium of the 21st century by employing the Technological advancements and empirical research methods in the administration of state affairs and particularly in the Justice Sector. Turning to our jurisdiction, we are confronted with a highly regarded pristine legal structure introduced by the erstwhile foreign hostile rulers. The region embraced independence, the inhabitants whereof have been guaranteed the fundamental rights, and rule of law is declared as a State policy. But how far has the State remained successful in the accomplishment of these tall claims.
What we actually want to achieve, is to develop a strategic course towards being a successful Judiciary in the region, setting the highest standards in the delivery of exemplary justice.
The objectives of this workshop are detailed in the concept note. The focus has been centered on identifying areas to make justice delivery system more accessible to litigants and marginalized segments of the society. The participants included judges, imminent lawyers, members of Bar Associations and Private Enterprises. They discussed in detail the gaps and issues in the current regime of Civil and Criminal litigation and proposed recommendations which shall be further delved into using empirical research by a separate Research Wing to be established at Sindh Judicial Academy. The Academy will host a detailed dialogue on research analysis and the subsequent recommendations put forth by the participants and thereafter present a workable plan for improvements in Justice Sector to the Government for further action at their end.
Mr. Justice Arif Hussain Khilji Former Judge Supreme Court of Pakistan Director General Sindh Judicial Academy Karachi.
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CONCEPT NOTE Seminar Duration: 01 day
Participants All Stakeholders
No. of participants 120
Method Descriptive, Participatory and recommendatory
Overview:
This workshop takes a two-pronged approach providing basic information on existing legal regime in Pakistan and the analysis and identification of specific issues of the current system with recommendatory mandate for bringing improvements accordingly.
Background Problem:
Despite discernible successes of the Lawyers Movement for the restoration of the independence of the judiciary, the ensuing expansion of judicial power and independence still falls short of what is found in other developed legal systems. Widespread romanticism that was linked with the movement which ushered in fascinated expectations from the judiciary. The failures of other state institutions and public administrative bodies resulted in expanded footprint of suo moto jurisprudence which has in turn raised the level of expectations from the courts. In addition to this, repeated headlines and sensationalized items in national newspapers and on TV shows over the course of the last few years have projected the blame for the failings of the justice system squarely on the overburdened shoulders of the judiciary. A skewed and one sided tale is often presented to the common person which further destroys the already eroding carcass of trust between the state and the citizen. The growth in this trust deficit resulting from the performance and delivery of questionable justice by the State actors has been the root cause of many evils and setbacks such as mob violence in the guise of vigilante justice, an entrenched socio-economic disconnect between marginalized segments and the masses besides a persisting reluctance in those with genuine legal needs in terms of
Page | 4 approaching the formal system for redressal of grievances. In the backdrop of service delivery failures by the police, bar, prosecution and public administrative bodies, and other factors such as low levels of legal awareness and consciousness amongst citizens have forced Pakistan to plummet to a rank of 106 out of 113 countries on the World Justice Project’s global Rule of Law Index.
Objectives
We need to recognize that the Judiciary, is one of the main state organs which executes its functions within the paradigm of a century old civil and criminal procedural framework; albeit one which is amended frequently, it is a framework which fails to adequately meet 21st century challenges. In addition to procedural and legislative limitations, we need to remind ourselves that the justice system does not merely rest upon the performance of one institution only rather it is dependent on the successful administration of government through state departments and implementation of relevant procedures and practices by different authorities for ensuring fair quality of service delivery to the end user; the litigant. The service delivery rendered to the litigant is contingent upon the amalgam that is reached between all relevant stakeholders in the criminal and civil justice space.
We believe that the time is ripe than it ever was for a new strategic road map to be developed which lays down a proactive result-based management and performance strategy for the justice sector. The Sindh Judicial Academy (SJA) proposes to conduct a one day consultative workshop engaging relevant stakeholders to sharing their knowledge, valuable advice and experience. The general objectives of the consultation are to identify problems with past and present performance and to identify a clear vision for the future, and a means to achieve the planned objectives. The underlying purpose will be to broadly identify problems with a view to improving access to justice and its hallmarks of fairness, equity, due process, effectiveness, accountability, transparency and responsiveness for the end user; the litigant. The SJA is pleased to announce that it has obtained the endorsement and support of the Honourable
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Chief Justice of Sindh High Court for developing an effective policy road map for the next ten years, culminating in the end product - a ‘Vision for Justice: 2027’ for the Judiciary in Sindh.
Methodology:
The consultative workshop will engage a wide audience of esteemed stakeholders from each ventricle of the justice sector so as to stimulate the requisite debate which will be aimed at digging deeper into the existing structure so as to deconstruct problems facing the Justice sector and to make efforts to plan ahead effectively. As such your valuable participation is solicited.
The consultative workshop will concentrate on identifying gaps and challenges plaguing the state of justice; in consonance with key thematic areas identified below:
1. Rethinking the Procedural Framework
The challenges facing the dispensation of justice today are at complete odds with those of colonial times yet our civil procedure code is 108 years old whilst the criminal procedure code is 118 years old. We made limited modifications to these which did not serve the purpose as effectively as it was needed. Despite amendments and revisions from time to time, the apparatus that the justice system has is out of step with the ground realities and lags far behind the current global best practices. There is a need to identify gaps in the existing framework so as to pinpoint innovative changes and intervention points within courts that can restructure and reinvent the relevant processes with the aim of improving service delivery for the litigant through its consolidation.
2. Reforming Substantive Laws
The present amalgam of substantive laws are a result of a process of evolution and growth that has gone through multiple influences and inspirations from norms and customary practices to foreign doctrines and changing societal needs. Our laws are not foreign implants as with time, even colonial legislation has acquired an indigenized application. However, there are areas of malfunctioning which warrant immediate reform and it is imperative that the attention of policymakers and legislators can be drawn towards them. The system does not fully suit the
Page | 6 needs of vulnerable and marginalized segments of our society such as women, children and religious minority groups. Legal empowerment of the masses is tied directly to their ability to assert their social and economic rights which are themes that equally merit critical analysis. Reform areas need to be identified so that the gap between the flow of information between practitioners and researchers on the one hand and law makers and the citizens on the other can be filled through this process of reforming of the laws.
3. Transforming Service Delivery
Our justice system and in particular the judiciary, is in urgent need of re-inventing its processes so that it can benefit from the revolution of Information and Communication Technology (ICT). The efforts to computerize processes began in the Sindh Judiciary in 1998. Efforts made by Sindh High Court towards ICT are really remarkable and have been acknowledged by the Supreme Court of Pakistan from time to time. However, the full potential of ICT needs to be explored in terms of its utility within the justice sector so that the service delivery to the litigant can be made more affordable, speedy, accessible and transparent. An evaluation of present systems in comparison to real examples from more advanced jurisdictions of innovations that are revolutionising, modernising and streamlining the way courts are functioning, is necessary for achieving the goals of dispensation of justice in current times. 4. Strengthening Performance and Excellence Management for Justice Delivery
The Judiciary requires an effective monitoring and evaluation scheme to ensure effective service delivery. The present system with its indicators needs to be assessed against measurable impact. There is a need to re-evaluate and redefine the present framework of values, concepts and tools through which courts can assess and improve the quality of justice that they dispense. A clear and holistic methodology is required for continuous evaluation and improvements in performance standards which is premised on a whole-court approach as opposed to a limited approach focusing on narrow performance measures limited to certain aspects of court related activities.
5. Improving Coordination with other Justice State Actors
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The justice sector has been marred by a lack of coordination and timely cooperation between its many verticals i.e the police, prosecutions, probations department etc. There is a dire need to reinforce the importance of streamlined communication between state agents within the administration of justice cycle. All verticals have an equally important role to play in the delivery of justice to the litigant which calls for effective lines of communication and integration and a clarity of both independent complementary roles. Efforts are needed to strengthen the collective capacities of state actors to ensure effective policing, prosecuting, lawyering and judging.
Participants
The target participants are the Judges, Lawyers, Bar Associations and Private Enterprise.
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Proceedings
One day consultative workshop was held on 20.05.2017 at Grand Ballroom, Marriot Hotel, Karachi hosted by Sindh Judicial Academy, Karachi. This workshop was attended by Judicial officers, lawyers, imminent scholars and representatives of highly recognized Non- governmental organizations. First Session The program was started with recitation of selected verses from The Holy Quran by Mr. Mohammad Murtaza Khan, I.T Expert of the Academy. Ms. Nuzhat Ara Alvi, District & Sessions Judge and Learned Faculty Member Sindh Judicial Academy warmly welcomed the respectable participants on behalf of the Sindh Judicial Academy and initiated the formal proceedings. She briefly described the event being organized under the kind guidance of Honorable Chief Justice of Sindh Mr. Justice Ahmed Ali M Shaikh and the efforts of Honorable Director General Sindh Judicial Academy Mr. Justice Khilji Arif Hussain. She said that the Academy has cautiously invited all stakeholders of the Justice Sector in order to discuss short term and long term strategies. To highlight the scope of empirical research and its success in developing understanding of the subject, Ms. Summaiya Zaidi, Researcher at Legal Aid Society was requested to share analysis of data she procured to develop her treatise on the subject of delays in civil justice system. She at the outset extended her heartiest regards for Mr. Justice Sajjad Ali Shah the then Chief Justice of Hon’ble High Court of Sindh, for providing access to the Case Flow Management System and to the physical data of Case Files of two Courts as pilot project. She also shared her gratitude for Hon’ble Mr. Justice Ahmed Ali M. Shaikh, Chief Justice of High Court of Sindh for generously continuing the support. Ms. Zaidi also acknowledged the kind supervision and guidance of Honorable Mr. Justice Nasir Aslam Zahid and Mr. Justice Khilji Arif Hussain.
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She explained the term ‘Delay’ as “time wasted/spent, either due to a failure to follow the timelines prescribed by the CPC, or for any other reason which prevents a case from being disposed of within reasonable time.” She quoted the words of Hon’ble Mr. Justice Saqib Nisar the Hon’ble Chief Justice of Pakistan: "Courts must...exercise all the authority conferred upon them to prevent any delays which were being caused at any level by any person whatsoever..." She informed the research methodology she opted for carrying out her research project and described the same as:
• Analysis of physically verified data of case files • Analysis of data available in Case Flow Management System • Research question forms and analysis of the public opinion • Survey amongst the Lawyers • Key Informant Interviews
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Honorable Mr. Justice Arif Hussain Khilji, Former Judge Supreme Court of Pakistan and the Director General, Sindh Judicial Academy, exhibited his presence with a detailed presentation, and shared his kind regards to the respectable guests and participants for sparing their precious time for the workshop planned.
Honorable Mr. Justice Khilji Arif Hussain started with “Getting to know the- “NOBODY”. In his first slide, he showed a picture representing the selfishness and carelessness of the society:
He asked the participants that “aren’t we assembled today to think for this ‘Nobody’?” He then explained the ‘Nobody’ as:
• Plaintiff or Defendant • Applicant or Respondent
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• Petitioner or Respondent etc….. He again asked the following questions:
• “Had we ever enquired about his ( The Nobody) satisfaction level?” • “The way this Nobody has been treated by the system?” • “The product he got at the end of litigation?” • “The cost he has borne?” He also explained that the “Vision” aims to satisfy the ‘Nobody’ in question by:
• Accessibility of Justice • Principles of fairness • Effectiveness • Responsiveness • Accountability Describing the idea of holding this workshop he said that “the idea in holding the workshop is to identify gaps to make justice delivery system more accessible to litigants and marginalized segments of the society. He stated his confidence that the recommendations formulated by the participants will facilitate all the stakeholders to take steps to make the justice delivery system more accessible and affordable to this ‘NOBODY’.”
He unfolded the Thematic Streams proposed for consultation and shared that a healthy dialogue is expected in the workshop in the following groups: 1. Rethinking the Procedural Framework 2. Reforming Substantive Laws 3. Transforming Service Delivery 4. Strengthening Performance and Excellence Management for Justice Delivery 5. Improving Coordination with other Justice State Actors
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Honorable Mr. Justice Khilji Arif Hussain emphasized that the criteria and procedure of judicial appointments should be enhanced by the ‘Comparative study of foreign jurisdictions and a review of the existing selection process of the Judges’. He suggested that there should be some betterment required in Legal Education by focusing on procedural issues, like:
• Diversified and dynamic role of Judicial Academies. • Coordination between Law Schools/ Universities and the Academies. • Introduction of the concept of Law clinics in Pakistan.
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And by Litigant facilitation/ service:
• Implementation of Witness Protection Program • Implementation of Juvenile justice laws • Effective monitoring system • Appropriate infrastructure He said that the world has become a global village. The development of China Pakistan Economic Corridor (CPEC), One Belt One Road Silk Route, Maritime Silk Route etc. would bring diversified legal issues for which Justice Sector also needs to strive to meet such new challenges ahead. He highlighted the efforts done by the Sindh Judicial Academy as follows:
• Developing coordination with the stakeholders. • MoU with KPK JA, LSA and IBA. • Revised training manuals and focus on improving adult teaching methodology. • Drafted and proposed amendments in legislative documents. • Suggested amendment in the SJA Act. Dr. Choudhry Wasim Iqbal, faculty member Sindh Judicial Academy briefly presented the theme and working plan of the workshop. He shared the methodology of the workshop with the participants for inviting a dialogue on five thematic areas described in the concept note with the mandate to identify the issues adversely affecting the system respectively with the proposed recommendations; each Group was required to further select an individual from amongst them to present such concerns and to give recommendation to the participants, and lastly a joint declaration shall be read out to all for their precious vote of approval. He invited the participants to enjoy tea interval before plunging in the brain storming activity for the ensuing group discussion.
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Second Session The Second Session started after the Tea Break at 04:45pm; participants sit in with their choice voluntarily in either of the five groups the formation thereof was noted as follows:
Group 1 – Procedural Framework. ▪ Hon’ble Mr. Justice Rehmat Hussain Jafti, former Judge Supreme Court of Pakistan ▪ Dr. Ch. Wasim Iqbal, District & Sessions Judge ▪ Mr. Moin Shema Professor, National University, Canbra, Australia ▪ Ms. Rukhsana Ahmed Advocate ▪ Mrs. Navin Merchant Advocate ▪ Ms. Jouhaida Hanano from UNODC ▪ Mr. Qaisar Raza Advocate from Justice Support Program ▪ Ms. Haya Zahid Advocate ▪ Barrister Salahuddin Ahmed Advocate Supreme Court of Pakistan ▪ Mr. Moin Fuddu from Legal Aid Society ▪ Ms. Farva Minhas from The Asia Foundation
Group 2 – Substantive Laws ▪ Hon’ble Mr. Justice Zia Pervaiz, former Judge Supreme Court of Pakistan ▪ Mr. Shakeel Haider, District & Sessions Judge ▪ Mr. Abdullah Channa, District & Sessions Judge
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▪ Mr. Javed Ahmed Keerio, District & Sessions Judge ▪ Mr. Fahim Ahmed Khan, District & Sessions Judge ▪ Mr. Munawar Ali Teewno, Senior Civil Judge ▪ Ms. Maliha Zia Lari from Legal Aid Society ▪ Br. Hussain Bohra ▪ Ms. Sumaiya Zaidi from Legal Aid Societyt ▪ Mr. Aftab Shuaib from UNODC ▪ Mr. Waqas Shah from UNODC ▪ Syed Zulfiqar from PTV
Group 3 – Transforming Service Delivery ▪ Hon’ble Mr. Justice Anwar Zaheer Jamali, former Chief Justice of Pakistan ▪ Hon’ble Mr. Justice Sarmad Jalal Usmani, former Judge Supreme Court of Pakistan ▪ Hon’ble Ms. Justice Majida Rizvi, former Judge Sindh High Court ▪ Hon’ble Mr. Justice Ali Aslam Jafri, former Judge Sindh High Court ▪ Hon’ble Mr. Justice Shah Nawaz Tariq, former Judge Sindh High Court ▪ Mr. Muhammad Shahid Shafiq, District & Sessions Judge ▪ Mr. Khalid Shahani, District & Sessions Judge ▪ Mrs. Raana Khan, Advocate ▪ Ms. Misha Rehman Advocate ▪ Syed Mustafa Mehdi Advocate ▪ Mrs. Aleena Alvi from Legal Aid Society ▪ Mr. M. Nadeem from Daily Jang
Group 4 – Performance and Excellence Management. ▪ Hon’ble Mr. Justice Ameer Hani Muslim, former Judge Supreme Court of Pakistan ▪ Dr. Zafar Ahmed Khan Sherwani, former Judge Sindh High Court ▪ Hon’ble Mr. Justice Qazi Khalid, former Judge Sindh High Court ▪ Dr. Qammaruddin Bohra, retired District & Sessions Judge ▪ Mr. Haleem Ahmed, Additional District & Sessions Judge
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▪ Mr. Amjad Ali Qazi, the then Member Inspection Team, Sindh High Court ▪ Ms. Faiza Khalil, Additional District & Sessions Judge ▪ Br. Jawwad Sarwana ▪ Mr. Khilji Fahad, Advocate ▪ Mrs. Atiqa Tariq, Advocate ▪ Ms. Sareena Chaudhry ▪ Mr. Jawaid Farooqi
Group 5 – Improving Coordination with other Justice State Actors. ▪ Hon’ble Mr. Justice Ghulam Rabbani, former Judge Supreme Court of Pakistan ▪ Hon’ble Mr. Justice S.A. Sarwana, former Judge Sindh High Court ▪ Mr. Naveed Ahmed Soomro, Additional District & Sessions Judge ▪ Mr. Shahadat Awan, Prosecutor General Sindh ▪ Mr. Abdul Khalique Sheikh, Additional Inspector General, Sindh Police ▪ Mr. Aftab Pathan, Additional Inspector General, Sindh Police ▪ Mr. Tahir Iqbal from Legal Right Forum ▪ Ms. Nausheen Ahmed ▪ Mr. Omar Meniar from Legal Aid Society ▪ Mr. Gul Zamir Solangi, Trainee Additional District & Sessions Judge ▪ Ms. Natasha Mohammad from SZABUL ▪ Mr. Zubair Habib from CPLC
In order to facilitate the groups, Academy provided basic tools for the subject activity viz; laptop, paper sheet stands and markers, as well as each group was provided a facilitator to jot down the points of discussion and their recommendations. Books in e-format of the relevant statutes were made available on request to the groups for reference and comparison.
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RECOMMENDATIONS
Recommendation of Group 1 – Procedural Framework.
Hon’ble Mr. Justice Rehmat Hussain Jafri, former Judge Supreme Court of Pakistan pointed out that there is always a need for improvement in the laws, as they are not static. However, before suggesting any reform in any particular law, certain aspects such as the practical failures of such provisions and the causes behind the lapse in its true implementation ought to be thoroughly analyzed. The group recommended as follows:
Civil.
• Enforcing implementation of Order V and Order VIII CPC in their correct spirit: ensuring the filing of written statement by the defendants in a suit within 30 days. • Structuring the process of interrogatories, inspection and discovery along prescribed lines. • Mediation process to be structured. Section 89-A requires to be made more elaborate. • Issues to be framed after hearing the parties or their counsels; Additional Registrar to frame issues in High Court.
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• Evidence through commissioner to be regulated by a supervisor Judge to resolve the issues immediately. • Examination in chief shall be substituted with filing of Affidavit in evidence. • Proposed Audio-Visual recording of proceedings. • Written arguments are to be made mandatory with limits on time to argue. • Roaster sitting be set for at least six months. • Judgment shall be delivered within one month.
Criminal.
• Section 156-C Cr.P.C. be declared as mandatory: to carry out DNA in rape case. DNA labs to be established in each District in Sindh. • As it is, no District Armory is available in interior Sindh, due to which a lot of fake cases are registered resulting in the unnecessary growth of backlog. The calling of report from district armory to be tallied with disposed of cases is recommended. • Fixing of responsibility against I.O. in normal courts as is the practice in ATA trials.
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Qanun-e-Shahadat Order, 1984. For recording of confession statement and identification test parade in criminal cases, a special Judge ought to be appointed to carry out proceeding, in a separate compound having its own guard under video monitoring.
Recommendations of Group 2 – Substantive Laws
1. Legislature must be more conscious of vetting process and use of Standing Committees on a more regular basis with expert advice. 2. Provincial Law Commission must be formed which may vet laws and give reports and recommendations to the legislature. Legislature must read and respond to the recommendations. Standing Committee may include a member of Law Commission. 3. Revise core legislation (CPC, Cr.P.C, QS, PPC etc.) and other laws to update them and to make them applicable to the current requirements and prevalent situations. Must be done through research and wide participation of stakeholders. 4. Sentencing structures must be revised and based on a philosophy of law, carefully weighing between the possibility of reformation and retribution in reaching a decision.
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5. Curriculum, methodology for teaching and in-service trainings of stakeholders in justice system including Judges, Police personnel, Medico-legal Officers, Prosecutors, Court staff etc., are essential to bringing about an overall improvement. All education must be coordinated. 6. CPEC cannot be seen to impact substantive laws until its complete plan as well as the entailing legal implications emanating therefrom are fully revealed. In the interim period, stakeholders, including judges must be made familiar with international law specially in relation to issues pertaining to inter-state pacts and agreements. 7. Alternate Dispute Resolution (ADR) is a viable option for speedy justice. However, the framework and system must be analyzed and improved in order for it to appeal to all and so that it truly provides justice based on accepted standards as well as the skills and capacities of ADR practitioners etc. Existing drafts of laws and rules must be examined and notified if deemed satisfactory. 8. Legal needs survey must be carried out to identify the needs and experiences of the people to ensure a responsive substantive law framework. 9. Immediate/interim actions to be taken for practical implementation of laws: • Witness protection act must be revised to make it enforceable and to provide real and actual protection to the witnesses in a suit. • Inquiry and investigation and re-investigation of offences must be undertaken to ensure that no gaps exist. • Analysis of civil cases can be used to identify causes and suggest better procedures to stop delays for example, improvement of process system. • Police role in cases of crimes must be re-examined. For example, cognizable and non-cognizable nature of offences places undue limitations on police response to crimes.
• Protection measures for security purposes of Judges, former Judges, Police officials, Prosecutors etc. must also be devised particularly in controversial cases.
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• Vetting of prosecutor’s cases must be done to ensure that only those properly investigated are taken to Court so that the Court’s precious time is not wasted in having to contend with improperly put together cases.
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Recommendation of Group 3 – Transforming Service Delivery.
• Law reform proposals to be devolved to Provincial Level o Establish a Provincial Law and Justice Commission • Mandatory Mediation: with costs assigned in case of refusal (Civil and Criminal) • Committal Proceeding to be revived: e.g. as piloted in Punjab • Magistrate who accepts the challan should ask IO to produce witnesses and witnesses to be bound. • Criminal/Civil Laws should provide for use of Modern technology. o Access to NADRA records to the Court’s IT Department o Video Conferencing to be used in Courts o Recording evidence electronically o E-Filing o Archiving Electronically o Pilot Paperless Courts: One at the High Court and one at the District Court level • Costs imposed for filing frivolous cases should be increased • Utilization of Probation Laws at the time of Sentencing, and after the convict has spent time in Prison. o Use of diversionary mechanisms away from Prison e.g. Public and Community Service, Remand Homes etc. • Localization/Simplification of Language used in Court • Remand Home and Prison Conditions to be improved • Improvement in allocation of Court Staff, Judges, and Working Conditions. o Registrar for every District Court o Grade 17 officer to manage administration.
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• Legal Awareness of Litigants on Litigation practice (Banners, Websites, User Guides in simplified language with illustrations.)
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Recommendation of Group 4 – Performance and Excellence Management.
The Breakout Session 4 focused on Strengthening Performance and Excellence Management for Justice Delivery. The Discussion began with posing of questions: What are the expectations of a good Judge? What are the bench mark standards of a good Judge? What skills should a Judge possess? What are the international performance criterion of judges? The conversation led to a long discussion on the comparison between the old Annual Confidential Report (ACR) and the Performance Evaluation Report (PER). It was thought that the ACR was a performance criteria focused on integrity, disposal and knowledge of law, etc. with no concept of qualitative assessment and quantitate assessment of the Presiding Officer. The PER audit was meant to fill this gap. PER also brought additional evaluation criterion such as management of the Court by the Judge, evaluating administrative ability. The group thought that the existing PER system focused on number, unfortunately put pressure on Judges to be driven by meeting monthly units rather than the qualitative criterion. For example, a Judge is required to achieve a minimum of 72 units per month. Writing a judgement / Disposal of cases leads to 6 units. Additionally, disposal of application under section 22-A Cr.P.C., 491 Cr.P.C and a disposal of bail application does not score any units. The Judges felt the PER put unreasonable and constant pressure on them. Further MITs constant evaluation and monitoring now by modern
Page | 25 technological means of communication like SMS service added further pressure on the work of the lower Judiciary. Another weakness of the PER system is that it does not provide a complete picture of the assesse (Judge) to the extent that there is no feedback on the performance of the Judge by the user (litigant) and the advisor (lawyer). It was proposed that confidential feedback on the Judge from the user and the litigant should be obtained before judgement is announced. Another critique of PER was its over reliance on quantity and not quality. The group brainstormed ideas on developing an objective criteria for analysing the key performance indicators of Judges under the current PER system. One of the suggestions was - by assessment through a counter signing authority. Another proposal for achieving this objective was to specify a bench mark which judges may strive towards but one that is more reasonable. Here, there was some discussion that the standard set by the current National Judicial Policy was too high. Another approach to ensure objectivity in the assessment was through the appeals process itself. However, there is also an issue of orders and judgements which are not appealed by any party for such non appeal orders the group suggested an evaluation of such orders through a combination of MIT, District Judge and the monitoring judge of the High Court. The group then proceeded to examine international criteria of key performance indicators of a Judge and reviewed the Judicial Studies Board of England and Wales, Key Performance Indicators. This KPI identified 6 core areas which were further subdivided and detailed. The six (6) areas involved knowledge and technical skill; communication and authority; decision- making; professionalism and integrity; efficiency; and, leadership and management. The group proposed that this framework by the Judicial Studies Board should be adopted as a bench mark for the qualities and abilities of Judges along with certain other demonstrable qualities. It was proposed that the performance criteria should be shared with Judges during the time of their training at the Judicial Academy so that the expectation from the Judges before they start work is clearly made known to them. Proper courses should be introduced by the Sindh Judicial Academy for advocates who are interested in serving as Judicial officers, keeping in view the Judicial Studies Board KPI.
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The MIT is working on the concept of an e-book which would consist of the three best Judgments uploaded by the Judges. This would add an element of public assessment of the Judgments.
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Recommendation of Group 5 – Improving Coordination with other Justice State Actors.
At the very outset during the course of group discussion, the subject group identified following stakeholders/Justice State Actors: 1. Court 2. Police 3. Prosecution Department 4. Prison Authorities 5. Forensic Agencies 6. Parole and Probation Authorities 7. Revenue Department 8. Bar 9. NGOs (engaged in human rights/legal aid) The group was of the view that, there is non-existent or at best scant collaboration/coordination among the mentioned stakeholder/Justice State Actors. While discussing the subject, valuable suggestions came up which were summarized in the light of such discussion avoiding prolixity. The group put forth the following recommendations:
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The group has identified the following main stakeholder/Justice State Actors.
• The prevalent laws related to the police and prosecution need to be revisited. To this end, pertinent amendments should be made to create a solid link between police and prosecution. In the alternative, a Legal Cadre be created in Police establishment to provide assistance to the I.Os in legal aspects of investigation in the matter at hand. • Improvements may be made in the Information Technology Wing of police whereby they may be obligated to maintain entire computerized record of investigation so that it can be accessed by Prosecution and the Court when so required. • Prison record may be maintained in DATABASE server and its access is to be ensured and provided to Prosecution and the Court as well. • The Database be created qua all prisons of Pakistan and be made accessible to Police, Prosecution and the Court. • All Forensic agencies be established under one roof, in order to enable coordinated operations among departments including all the medical examinations such as DNA and other relevant functions. • A centralized database be created at Provincial level in Police Headquarters to maintain the record of all the notorious criminals and fugitives from law and it be made accessible to Court and Prosecution. • The Committees qua Criminal as well as Civil side which are available at District level including the one established in pursuance of directives of LAW AND JUSTICE COMMISSION OF PAKISTAN be activated to hold periodical meetings in order to keep an eye on the progress being made within the mandate of these committees, further, to make suggestions for improvement of system with the object that a litigant gets justice at every level of the trial - Investigation, Prosecution and the Court. All this be done by keeping a liaison with the Bar. • Relevant staff/officials of the stakeholders be invited at Sindh Judicial Academy for purposes of capacity building and knowledge enhancement. In this regard MoUs may also be signed between governmental departments and other organs of the State on the one hand, and the Justice sector on the other.
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• Focal persons be nominated by all departments for coordination in execution of Court orders in true letter and spirit. • Periodical meetings be convened for improving the coordination and timely collaboration among the Stakeholders at Sindh Judicial Academy. In this, the focal persons of the relevant departments and Bar be also invited to participate to make proper headway in the interest of providing justice at all levels of investigation, prosecution, and the trial generally. Views be shared with the bar representatives to see that the code of ethics and conduct for the advocates are properly adhered to.
At the end of the group discussion the participants resumed their seminar activity where representatives of all five groups presented brief summary of their discussion, points of concern and the recommendations for improvements, which are developed more formally and reproduced for ready reference later in this report.
Mr. Salahuddin of representing group 1 briefly discussed main features of recommendations of the group and emphasized that in Civil Cases enforcing implementation of Order V and Order VIII CPC should be done in their correct spirit. He said that structuring the process of interrogatories, inspection, discovery and mediation should be done according to prescribed lines. He also proposed Audio-Visual recording of proceedings.
Ms. Maliha Zia Lari from Legal Aid Society representing Group 2, while discussing the Substantive Laws, recommended that legislature must be more conscious of vetting process and use of Standing Committees on a more regular basis with expert advice. She also suggested that the Provincial Law Commission must be formed which may vet laws
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and give reports and recommendations to the legislature. Ms. Lari suggested immediate/interim actions to be taken for practical implementation of laws like witness protection act etc. She also recommended that police role in cases of crimes must be re-examined.
Representing group 3, Ms. Aleena Alvi talking on Transforming Service Delivery, recommended that modern tools like e-Filing, Digital Archiving/Recording Evidence, Video Conferencing for Courts, Access to NADRA records etc. should be introduced.
She also suggested the establishment a Provincial Law and Justice Commission. To reduce the over-burdened situation on the courts, she proposed that ADR should be mandatory with costs assigned in case of refusal (Civil and Criminal). She also emphasized on Localization/Simplification of Language used in Court.
Barrister Jawwad Sarwana of group 4 briefly discussed the main features of the recommendations on Performance and Excellence Management. Comparing between the Annual Confidential Report (ACR) and Performance Evaluation Report (PER), he said that the ACR was a performance criteria focused on integrity,
Page | 31 disposal and knowledge of law, etc. with no concept of qualitative assessment and quantitate assessment of the Presiding Officer. Whereas the PER with additional evaluation criterion such as management of the Court by the Judge, evaluating administrative ability. He said that according to the discussion among his group members, the existing PER system put pressure on Judges because of meeting monthly units rather than the qualitative criterion. Also monitoring by modern technological means of communication like SMS service added further pressure on the work of the lower Judiciary. He recommended that confidential feedback on the Judge from the user and the litigant should be obtained before judgement is announced.
Representing group 5 the Honorable Mr. Justice Ghulam Rabbani discussed the recommendations on Improving Coordination with other Justice State Actors. He said that there is non-existent or at best scant collaboration/coordination among the stakeholder/Justice State Actors.
He suggested that the prevalent laws related to the police and prosecution need to be revisited. He also recommended that improvements should may be made in the Information Technology Wing of police and prisons. The Honorable Mr. Justice Ghulam Rabbani recommended that relevant staff/officials of the stakeholders be invited at Sindh Judicial Academy for purposes of capacity building and knowledge enhancement. In this regard, he said that, MoUs may also be signed between
Page | 32 governmental departments and other organs of the State on the one hand, and the Justice sector on the other.
Mr. Muhammad Shahid Shafiq, Senior Faculty Member Sindh Judicial Academy later summarized the common recommendations and tabled a joint declaration which has been accepted by all participants.
He highlighted common points of each group’s presentation such as laws are to be amended and for doing so Provincial Law & Justice Commission is to be setup in the province, use of technology in justice sector institutions, court annexed mediation, designing and arranging skill based training programmes etc. One of the group discussed that monitoring and performance assessment system of Judicial Officers is to be improved Mr Shaifq shared that new Performance Evaluation Report was designed and introduced in 2009 and now it is in practice. Provincial High courts have requested to SJA for sharing the Performance Evaluation Report format to upgrade their assessment process. Though we have more effective monitoring and assessment mechanism, still there is room for improvement. Indeed, the recommendations to this end are appreciated and shall be placed before authorities for consideration.
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Declaration 2017 On
Vision for Justice: 2027
Adopted on May 20th 2017
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VISION for Justice: 2027 seeks to examine the ways in which all the justice stakeholders performing in the system are meeting the needs of a common person whom we have referred to this evening as the abandoned ‘Nobody’. It is an attempt to formulate reforms for the next 10 years, and this project will be implemented by the Sindh Judicial Academy, Karachi.
REALIZING that judicial system needs to revolve around, and be responsive to redress the suffering of the end user i.e. “the litigant”. The focus of this program is the attainment of the satisfaction of the end user of justice.
THEMATIC areas identified after having deliberations and consultations for improving the working of judicial institutions are-
(i) Rethinking Procedural Framework; (ii) Reforming Substantive Laws; (iii) Transforming Service Delivery;
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(iv) Strengthening Performance and Excellence Management for delivery of justice; and (v) Improving Coordination with other Justice Sector Actors.
PRESENCE and participation of the Hon’ble Chief Justice of High Court of Sindh, Mr. Justice Ahmed Ali M. Sheikh, Senior Puisne Judge, Mr. Justice Irfan Saadat Khan, Director General, Sindh Judicial Academy, former Judge Supreme Court of Pakistan, Mr. Justice Khilji Arif Hussain, Senior Faculty Members of the Sindh Judicial Academy, Karachi, Judges of Apex Courts, heads of stakeholders, representatives of Bar Associations, Senior Advocates, Police Officials, NGOs, Chief of Citizen Police Liason Committee (CPLC), Academicians, National and International Organizations led to a valuable discussion in five Consultative Sessions held to chalk out a way forward for improving the justice delivery system. Sharing of best practices and valuable experiences helped in identifying concrete areas for improvement which may will lead in future to effective services to the ‘Nobody’, they be either ‘Plaintiff’, ‘Defendant’, ‘Accused’, ‘Complainant’, ‘Witness’.
It is Unanimously Declared and Approved:
(1) to set up a Law & Justice Commission at Provincial level for reviewing Procedural and Substantive laws. The Commission may provide technical assistance to the Provincial Law Department, and High Court in simplifying, improving and updating provincial laws and revisiting Civil and Criminal Procedural Laws/Rules.
(2) it has been noted as a best practice after giving verdict of convictions, arguments be heard regarding quantum of sentence to be awarded keeping in view any mitigating circumstances in criminal cases, and an amendment be incorporated in Criminal Law stipulating separate hearing with regard to sentencing as specific provision regarding sentencing exist in laws of other Countries. This amendment needs to be incorporated in our law;
(3) to introduce Committal Proceedings in Sessions Trials as a Pilot Project;
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(4) to set up court annexed mediation centres at District level, however initially one in the province to test the viability of the practice. Mandatory mediation provisions may be added in Procedural Laws, in addition to adoption of the draft amendments pending before the legislative body;
(5) to include information technology based tools in the judicial system, which may assist in various areas including recording of evidence through e-devices, trial through video conferencing, e-filling, archiving judicial record, service of summons etc;
(6) to form a ‘think tank’ at the Sindh Judicial Academy to continue the process of reforms by associating all stakeholders, and to assess expected workload and accordingly quantum of resources required to system, specially to assess impact of China Pakistan Economic Corridor (CPEC) on judicial system;
(7) to restructure Research and MIT branches to adopt suitable best practices from other jurisdictions. The performance evaluation system and excellence management for justice delivery may be revisited;
(8) to enhance the quality of judicial education by strengthening monitoring and evaluation systems, and to develop a pool of master trainers at the national level. Existing agreements between different institutions to be pursued, and further MoUs to be signed between Institutions and Academies for exchange of training resources;
(9) to develop bench-books and other publications to serve as a guidance tool for judges, relevant staff and bar-books for advocates along with quality research on various issues. The Academy to facilitate all stakeholders in building their capacity;
(10) to establish office of the Registrar at District Court level for facilitating District Judges on administrative and budgetary issues;
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(11) to introduce cadre of ‘Law Clerk’ assisting and for conducting research on the request of judges as followed in other jurisdictions;
(12) to introduce ‘Legal Cadre’ in police department for guiding and assisting Investigators;
(13) to build necessary infrastructure with adequate facilities for District Judiciary;
(14) to set up coordination committee for suggesting mechanism to implement laws such as the Sindh Witness Protection Act, 2013, cost for filing frivolous litigation, and to make access to justice more friendly for weaker segments of society;
(15) to introduce legal awareness program for litigants by publishing material relating to Court and Legal Procedure, and setting up a one window system in Courts;
(16) to determine appropriate diversion mechanisms away from prison, in addition to promoting the use of probation services; and
(17) to review process of judicial appointments.
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Speech of the Honorable Chief Justice High Court of Sindh, Mr. Justice Ahmed Ali M Shaikh
It is indeed my privilege to be one of the participants of today’s memorable event of this consultative workshop having been held under the vibrant and adroit leadership of Mr. Justice Khilji Arif Hussain. Through his visionary eye he has traveled us to a future journey of 2027 in connection to our judicial system. The aim of this workshop, which I feel, is to evaluate where we are standing today and what will be our next destination. Are we prepared to entering into the next phase where the administration of justice will have to face new and inimitable
Page | 38 challenges amassing through new laws, new problems, and perhaps new set of litigants? We do not need to go far away, only to step back 20 years, the cyber crimes and laws related to it was novice and the statute’s books of many countries including Pakistan did not recognize mischievous activities carried out through this medium as crime. The word ‘terrorism’ which has now wrapped up the entire world under its fear was not even meant for the crime and offence. The changing trends in societies, the rapid growth in population, unbelievable and amazing inventions of science and technology, the concept of global world and many other factors are replacing old laws, introducing new ones and object of those cannot be achieved by its letter and spirits only unless the judge grasps its technical aspects. We should not escape aside that the extravaganzas, hot pursuit to money, deteriorating standard of moral values, illiteracy, fearlessness from laws, inequality, discrimination, intolerance, disturbance in family lives etc are some indicators which have increased manifolds thereby causing the litigations augmented. What I want to say is that even after 10 years or so I may say 100 years the two factors the litigant and litigation will remain arithmetical constant and invariable unit. The stake holders of the administration of justice will likely to be the same in future, but new and modified laws will unhurriedly be injected into the system to change its dynamics and parameters. Not only the new laws but I can foresee the new set of litigants will also be emerged in the legal system. So to embrace the ‘vision 2027’ we have to prepare a new force of well trained learned judges, who should not only be well embellished with legal subjects but have special expertise, technical understanding with reference to that particular special law. It is said that all laws are supposed to be stitched in a robe of a judge. This seems now to be merely phenomenon. Like in the field of medicines, there is a concept of specialists, in the field of education; there are subject specialists, on the same pattern we have to prepare the law- specialists judges to anticipate the future. It does not mean that traditional mode of justice will be an outdated phenomenon in future. It will have deep rooted in the administration of justice with some modifications but to meet the mushroom of litigations expected to be increased manifolds in the years to come, we will have no option but to choose other routes of delivering justice and have to resort to what we say the Alternate Dispute Resolution System. I think that the people do not only knock the door of the Courts to seek justice against injustice, to seek
Page | 39 remedy against the grievance, in many time they want their problems to be solved through a forum which may not only be able to solve their problems, hear them passionately, counseling them, convince them and finally sort the matters out, bind the parties and in case of breach; to implement it, in favor of the party breached of. Family matters are example of it, behind the back of it is the socio economic problems. The family disputes can not be resolved by sitting as a Presiding Officer, but as mediator, counselor and therapist. A family judge in the contemporary situation, uploaded with the plethora of cases, can only grant khulla, pass the maintenance decree and decide the issue of custody and visitation rights of wards. In the vision 2027 the family matters should not be end up on breaking up of relationships but on reunion of parties by introducing court annexed mediation.
Adverting back to activities carried out today by the groups’ participants and the presentations they laid, the suggestions and proposals they offered with deliberations, I agree that these recommendations are required to be analyzed with forethought, deep vision and on scientific scales.
At this juncture I will again express my gratitude to the Director General of the Judicial Academy, under whose able leadership the Sindh Judicial Academy is setting new records of par excellence. I assure my full co-operation to this esteemed Institution and wish that it will provide us the fleet of well trained, highly skilled, research oriented and visionary and sensitized judges. Besides the training of judges, the academy will also play its due role to train the other stake holders whose importance in the administration of justice is as equal to as of learned judges.
I will take this opportunity to briefly state that we are not oblivion of our duties of dispensation of justice, and I am very pleased to inform that in the first four months of 2017 we have successfully been able to reduce the backlog of cases from 1, 18,000 to 1, 08,000 that is the reduction of 10,000 cases in four months and this big reduction could not have been possible without the untiring struggle of learned judges of District Judiciary and full co-operation of legal fraternity, and the dynamic role of Sindh Judicial Academy. I am even thankful to the prosecutors and police and other agencies as their dedication and devotion despite of many
Page | 40 problems and lack of resources remains with us. Let me say that the disposal of cases have not been only acclaimed being number games, but in adherence to law and merits.
The use of modern devices and technology as recommended by the participants undoubtedly is an indispensable requirement. The World is rapidly changing, the geographical boundaries are now meaningless, and the people have access to every kind of information. I do agree with the participants that our old procedural laws also need drastic changes, modifications and amendments to update and accommodate them for the existing and future requirements. Modern archive system to convert and preserve data in the electronic form is also essential and we are also working on it. I am pleased to inform to the participants that our computerized Case Flow Management System is fully operating and now information from the District Judiciary is being uploaded throughout the province by using electronic system or in other words it has turned into totally paperless system.
Throughout the world mediation processes either formal or informal are well recognized and have been made part of the mandatory process in procedural laws. The recommendation for establishing court annexed mediation center by this forum is indeed a very demanding concept.
The academy by organizing this event has paved a way for constructive steps towards developing more strengthen and meaningful coordination amongst all stakeholders. We all have a single collective goal i.e. ensuring success of the Justice System in our beloved Country. At the end I extend my heartiest congratulations to My Lord Mr Justice KhiljiArif Hussain, the Director General Sindh Judicial Academy, for arranging this marvelous event. He has sown the seed of his vision and I am sure soon it will be transformed into a dense tree and all stake holders of justice system particularly end users will be its beneficiaries..
Thank you.
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Vote of Thanks by Honorable Mr. Justice Khilji Arif Hussain
• Hon’ble Justice Ahmed Ali M. Sheikh, Chief Justice, Sindh High Court. • Hon’ble Justice Irfan Saadat Khan, Senior Puisne Judge, Sindh High Court. • Hon’ble Justice Anwar Zaheer Jamali, Former Judge, Supreme Court of Pakistan. • Hon’ble Justice Ghulam Rabbani. • Hon’ble Justice Rehmat Hussain Jafri. • Hon’ble Justice Ameer Hani Muslim. • Hon’ble Justice Majida Rizvi. • Hon’ble Justice Ali Aslam Jafri. • Hon’ble Justice Nadeem Azhar Siddiqui. • Hon’ble Judges of the Supreme Court of Pakistan and High Court of Sindh. • My friend Mr. Justice Sarmad Jalal Usmani, Dean, Dadabhoy Law College. • Hon’ble Justice Nasir Aslam Zahid. • My friend Qazi Khalid Ali, Vice Chancellor, Shaheed Zulfiqar Ali Bhutto Law University. • Prof. Moin Azhar Siddiqui, Principal, Islamia Law College. • My friend Munir A. Malik. • Mr. Shahadat Awan. • Dr. Zafar Ahmed Khan Sherwani.
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• Mr. Amir Raza Naqvi. • Mr. Aftab Pathan, Additional I.G. • Mr. Sanaullah Abbasi, Additional I.G. • Ms. Ismat Mehdi. • Ms. Rukhsana Ahmed. • And it is difficult to take name so many dear friends participated in this workshop, I would like to thank Mr. Muhammad Sarwar Khan, Ex-Secretary, Law & Justice Commission of Pakistan who travel from Islamabad to attend this workshop.
Ladies & Gentlemen, The purpose of this workshop was only one, that is, how to provide inexpensive and timely justice to the poor and common man of this province. As I have told you earlier that to confine justice with only courts would be a great repression. If you go through the facts and figures you will find that the courts are already overburdened with a huge docket of cases and if you analyze the statistics closely you will find that there is a dominant figure of cases ‘State Vs. Citizens’ in which ultimately, the decision goes against the state.
The simple solution of this problem is that the responsible of the departments should resolve the problems related to the people so that they should not come to the courts for resolving their cases. The courts, ultimately, after consuming a lot of time, direct the departments to provide justice to the litigants that: • He is entitled for service, give him the service • He is entitled for his building plan, approve it
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• He is entitled for his name to be rectified in his national identity card, rectify it. etc.
We should make the justice system so easy that a common man can get the justice without any hassles and stresses. In this workshop, we got very nice suggestions and I assure you that we will work on them and try our level best to make them effective within a reasonable period of time. I would request that don’t leave after the dinner, be with me forever. Help me out that whatever the suggestions, recommendations and findings we have made in this workshop; if we work as a team, in sha Allah, we will achieve the goal. Last but not the least, I especially thanks to Ms. Haya for her dedication and tremendous help to make this event successful. Thank you very much.
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PRESENTATIONS
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Presentation Honorable Mr. Justice Khilji Arif Hussain, Director General, Sindh Judicial Academy
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Presentation by Ms Summaiya Zaidi- Advocate, Legal Aid Society
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ANNEXURES
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Schedule of Activities CONSULTATIVE WORKSHOP “VISION FOR JUSTICE: 2027” A Flagship Project of the Sindh Judicial Academy Date: Saturday 20th May 2017 Registration: 02:30 P.M. to 03:00 P.M. Time: 03:00 P.M. to 08:00 P.M. Venue: Ambassador Hall – 1, Marriott Hotel, Karachi
Time Session Speaker Inaugural Session Mr. Mohammad Murtaza Khan, 03:00 PM to 03:05 Recitation from the selected I.T Expert/Faculty Member, PM verses of the Holy Quran Sindh Judicial Aacademy Ms. Nuzhat Ara Alvi – Senior 03:00 PM to 03:15 Welcome Note Faculty Member, Sindh Judicial PM Academy 03:15 PM to 03:45 An Empirical Snapshot of Delays Ms Summaiya Zaidi- Advocate PM in Accessing Justice Legal Aid Society Mr. Justice Arif Hussain Khilji – 03:45 PM to 04:00 Paving the Way Forward: A Former Judge Supreme Court of PM Vision for Justice 2027 Pakistan and the Director General, Sindh Judicial Academy
04:00 PM to 04:15 Introduction to Break Out Dr. Ch. Wasim Iqbal – Faculty PM Sessions and Group Work Member, Sindh Judicial Academy
4.15 PM-4.45PM Tea Break
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Breakout Session 1: Rethinking the Procedural Framework Group work will focus on identifying gaps in the existing framework and will identify innovative changes and intervention points within courts that can restructure and reinvent the relevant processes with the aim of improving service delivery for the end user: the litigant. Breakout Session 2: Reforming Substantive Laws Group work will identify substantive areas of law which require reform especially those that relate to vulnerable and marginalised groups such as women, children and religious minorities and explore developments required as they relate to property and other rural and urban themes.
Breakout Session 3: Transforming Service Delivery Group work will concentrate on real examples of innovation that are revolutionising, modernising and streamlining the way courts are functioning and will recommend further methods of utilising
information technology to achieve the goals of dispensation of
justice.
Breakout Session 4: Strengthening Performance and Excellence
Management for Justice Delivery 04:45 PM to 06:00 Group work will analyse how the effective application of excellence PM frameworks and performance standards for relevant stakeholders can help courts in their pursuit of innovative improvement and excellence. Usage of key performance indicators and measures such as capacity development will be evaluated as drivers of improvement. Breakout Session 5: Improving Coordination with other Justice State Actors Group work will focus on key implementation challenges as they relate to coordination between the judiciary, bar, police, prosecutions, prisons, parole and probation units and public administrative bodies. 06:00 PM to 07:30 Group Reports to Plenary PM Mr. M. Shahid Shafiq, 07:30 PM to 08:00 Closing Session Senior Faculty Member, Sindh PM Judicial Academy.
Dinner with the Honourable Chief Justice, High Court of Sindh 08:00 PM-9.00 PM Mr. Justice Ahmad Ali Sheikh
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List of Participants
S. No. Name Contact No. Address 1. Mr. Shahab Sarki 99203199 High Court of Sindh President 99203201 High Court Bar Association 2. Mr. Kashif Paracha 99203199 High Court of Sindh Secretary 99203201 High Court Bar Association
3. Mr. Mansoor Ahmed Laghari Sindh Bar Council, High Court Chairman Executive Building (Annexe) Karachi Committee Sindh Bar Council 4. Mr. Qurban Ali Malano, Cell: 0300-9310367 Sindh Bar Council, High Court Vice Chairman Building (Annexe) Karachi Sindh Bar Association 5. Mr. Muhammad Humayun, 99212861-2 Dr. Ziauddin Ahmed Road, Karachi. Principal S.M law College 6. Prof. Moin Azhar Siddiqui 99231929-99 Allama Shabir Ahmed Usmani Road, Principal, Islamia Law Off. New M.A Jinnah Road Karachi. College 7. Mr. Justice Qazi Khalid Ali, 021-35214089 Chaudhry Khaliq-uz-Zaman Road, Vice Chancellor Cell: 0300-2292613 Near Lily Bridge Clifton, Karachi. Shaheed Zulfiqar Ali Bhutto Law University 8. Mr. Justice Sarmad Jalal Cell: 0314-2045550 SNPA-17/B, Block-3 KCHSU Off Usmani, Dean Dadabhoy Shaheed-e-Millat Road, Karachi Law College 9. Prof. Dr. Rukhsar Ahmed Cell: 0321-8252385 Chaudhry Khaliq-uz-Zaman Road, Dean Faculty of Law Near Lily Bridge Clifton, Karachi. Shaheed Zulfiqar Ali Bhutto Law University 10. Principal Hyderabad Law Hosh Mohd, Sheedi Road, Near Goal College Building, Hyderabad, Sindh. 11. Mr. Arbab Muhammad Arif 051-9208752 Supreme Court of Pakistan Building (Registrar Supreme Court of Shahra-e-Dastoor Islamabad. Pakistan) Acting Secretary law & Justice Commission 12. Mr. Justice (R) Nasir Aslam (92-21) 36440035-40 Hamdard University, Madinat al- Zahid, Dean School of Law Hikmah,
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Hamdard University Muhammad Bin Qasim Avenue Advocates 13. Br. Sallahuddin Ahmed Cell: 0333-2229384 Off: F-66/3, Park Lane, Block-5, Clifton, Karachi. 14. Mr. Anwar Mansoor khan Off: 021-35868801-4 Off: F2/3, Block-8, Clifton Scheme-5, Res: 021-35868805 Karachi. Cell: 0300-8238071 15. Mr. Faisal Siddiqui Off: 021-35873221-2 Res: F-66/3, Block-5, Park lane, Cell: 0333-2327326 Clifton-5, Karachi. 16. Mr. Mushtaq A. Memon Off: 021-34550724 Off: 116-A Block-2, PECHS, Tariq 021-3455029 Road, Near Masjid-e-Rehmania Cell: 0333-2151533 Karachi. 17. Mr. Rasheed A. Rizvi Off: 021-35822371-2 Off: F-172/3, Block-5, Clifton, Karachi. 021-35822895 Cell: 0300-8555582 18. Mr. Mansoor-ul- Arfin Off: 021-32275023 Off: 907-909, 9th Floor, Saima Trade 021-32275024 Tower A, I.I. Chundrigar Road, 021-35347551 Karachi. 19. Mr. Mehmood Yousuf Cell: 03008224246 E15 Block 2 Mandvi Wala Building Mandviwala Clifton Karachi 20. Barrister Zamir Ghumro, Off: 99203124 Old Annexe Building High Court of Advocate General Sindh Cell: 0301-2237065 Sindh. 21. Dr. Muhammad Farogh Cell: 0333-2246162 46 E/4 block 6 PECHS, Karachi. Naseem 021-35389691 22. Syed Mehmood Alam Rizvi Cell: 0300-2591732 Off: 508 Paradise Chamber Passport Office Saddar, Karachi 23. Br. Jawwad Sarwana Cell: 0345-8221972 Abraham and Sarwana Advoate, PIDC House, Mezzanine Floor, Dr. Ziauddin Road, Karachi. 24. Mr. Haider Waheed Off: 021-35873221-2 Res: F-66/3, Park lane Clifton, Karachi
25. Ms. Naveen Marchant Off: 021-35377316 Off: D-86/1/A, Block-7, St. Near 021-35377945 Michael School, Clifton, Karachi. Cell: 0301-8293262 26. Mr. Salman Talibuddin Off: 021-35838874 406-407 4th Floor, The Plaza at Do (Additional Attorney 021-3838876 Talwar Block 9 Clifton Karachi General) 021-34522408 27. Mr. Shahadat Awan Off: 021-32633898 Off: Court View Building, 2nd Floor, 021-32621515 Opp. Session Court, M.A. Jinnah Cell: 0300-8242704 Road, Karachi. 28. Dr. Zafar Ahmed Khan Cell: 0333-2299619 B-8, Sector Z-1, Gulshan-e-Maymar, Sherwani Scheme No.45, Super Highway, Karachi.
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29. Mr. Aamir Raza Naqvi Off: 021-35875394 Off: 36, Comm. Street, Touheed Cell: 0321-2228446 Commercial Area, Building 12-C, Opp. Elvoution Restaurant, phase-5 Ext. DHA, Karachi. 30. Mr. Sarfaraz Metlo Cell: 0300-8994431 118, Clifton Centre, DC-1, Block-5, Kehkashan, Clifton, Karachi. 31. Mr. Umer Lakhani Cell: 0300-2010155 Office No.516, 5th Floor, Clifton Centre, DC-1, Block-5, Clifton, Karachi. 32. Mr. Munir A Malik Off: 021-35621905 Off: 104, 1st Floor, Al-Fatima Cell: 0300-2730590 Chamber, Near Passport Office, Saddar, Karachi. 33. Ms. Aleena Alvi 34. Ms. Ismat Mehdi Off: 021-35655392-4 Off: 15-Sasi Town, Abdullah Haroon 021-35843688 Road, Karachi. Cell: 0300-2592705 Res: 102, Khay-e- Hilal, 24th PhaseVI, D.H.A. Karachi. 35. Ms. Sara Malkani 36. Br. Ravi Panjani Off: 021-35681748 Off: 214, 2nd Floor, Haroon House, Dr. Ziauddin Ahmed Road, Karachi. 37. Mr. Abid S. Zuberi 207-208, Clifton Centre, Khayaban-e- Roomi, Kehkashan, Clifton Block-5 Karachi. 38. Mr. Furqan Ali M/s. Ebrahim Hosain F-67, Block-5, Clifton, Karachi. 39. Barrister Hussain Bohra Care of Dr. Qammaruddin Bohra Sr. Faculty Member 40. Barrister Murtaza Wahab 92 21-35303030 Office No. 505, Continental Trade 92 21-35303020 Center, Block 8, Clifton, Karachi 41. Mr. Abrar Hassan Off 021-35656371-72 Off: 9, Mezzanine Floor, Beaumont Cell: 0314-2000939 Plaza, Near PIDC House, Karachi. 0334-2000939 42. Mr. Khalid Jawed Khan Off: 021-35820141-2 Off: F-27/2, Block-9, Clifton, Karachi. 021-35852640 Res: 116/II, Phase-VI, DHA, Khayban- Cell: 0300-8272611 e-Shujaat, Karachi. 43. Mr. Ameen Jan Cell: 0300-8233966 D-131, Block 4, Clifton, Karachi 021 35370017 44. Barrister Zafarullah 99202400 Prime Minister’s Office Islamic Special Assistant to the Republic of Pakistan Prime Minister for Law and Justice 45. Mr. Muhammad Sarwar Cell: 0300-8548842 Apartment No.13Abu dhabi tower
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Khan, sector S.11#1 Islamabad Ex-Secretary, Law & Justice Commission of Pakistan 46. Barrister Kumail Sherazi Cell: 0300-8266133 47. Mr. Babar Ayaz 48. Mr. Saleem Vahidy 1A/2, 3rd North Street, Phase 1, Defence Authority, Karachi. Retired Judges 49. Mr. Justice Shabbir Ahmed Cell: 0302-8865202 Apartment No.1103, 11th Floor, Block-I, Creek Vistas Apartments, Phase-VIII, DHA, Karachi, South. 50. Hon’ble Mr. Justice S. Cell: 0301-8292813 Bungalow No.15/2, Between 17th & Ahmed Sarwana 18th Street, Phase V, main Khayaban- e-Tauheed, DHA, Karachi. 51. Hon’ble Mr. Justice Ali Aslam 03012156898 102, Summaiya Homes, CL-8/1, Jafri Sunny Side Street Civil Lines, Karachi. 52. Hon’ble Mr. Justice S.A. 34991472 A-528, Block-3, Gulshan-e-Iqbal, Rabbani Karachi. 53. Mr. Justice Ghulam Rabbani 0332-8379888 4A Phase-2 Prince Town Waduwah Road Qasimabad, Hyderabad. 54. Mr. Justice Ameer Hani Res: 35656857 BG02 Parsa Heaven Civil Line Cantt Muslim Karachi. 55. Hon’ble Mr. Justice Athar Cell: 0301-8239613 1st & 2nd Floor, 73-C, 8th Saeed Commercial Street, Jami Commercial, Phase VII, DHA, Karachi. 56. Hon’ble Mr. Justice (R) Cell: 0300-2019401 12/III, Block-9, Clifton, Karachi. Shahid Anwar Bajwa 57. Mr. Justice Anwar Zaheer Res: 051-9218897 M.30 Main Khyban-e- Itehad DHA Jamali 5340147 Phase-7, Karachi 58. Mr. Justice Shah Nawaz Cell: 0300-2334040 Flat No. 0#4#4 Florida Home near Tariq 021-35244675 Marvi Store 33rd Street Phase-5 D.H.A Karachi. 59. Mr. Rehmat Hussain Jafri 35833091 81/D, Bath Island, Kehkashan block 7 Clifton, Karachi 60. Ms. Justice Majida Rizvi Cell: 0333-2143800 Apartment No. 405/14/B, Sky Garden, M.A.C.H. Society, Karachi. 61. Ms. Justice Rukhsana Ahmed Cell: 0300-8251477 26/B, South Seaview Avenue, D.H.A. Phase-2 Karachi. 62. Mr. Justice Dr. Ghous Cell: 0300-2117579 Apartment Nos. 602 & 603, Block-E, Muhammad Rufi Lake Drive, Gulistan-e-Johar,
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Hafeez Jhalandri Road, Karachi. Police Officers (Metropolitan Policing) 63. Mr. Aftab Pathan Cell: 0333-2261052 Police Headquarter Capital City, (Additional IG) Police Office, I.I Chundrigarh Road, Karachi. 64. Mr. Abdul Razzaq SK 65. Mr. Abdul Khaliq Shaikh, 021-251803-04 Bhopal House, 25-Old Clifton, Joint Director General Email. Karachi. Intelligence Bureau, Sindh [email protected] Provincial HORs 66. Mr. Sanaullah Abbasi Cell: 0300-2173444 Office I.I Chundrigarh road Karachi. Additional IG Counter Terrorism Department Central Police 67. Mr. Nazar Leghari 99207341 Rich House Annexi, Upper Portion, Former Member Board of Cell: 0301-3557362 Near PWD Inquiry Office, Bath Island Revenue Clifton Karachi. 68. Mr. Muhammad Zubair 9221-35683333 CPLC – CRC (Central Reporting Cell) Habib Sindh Governor’s Secretariat Karachi Chief CPLC 69. Mr. Rafiq Safi Munshi Government Officers 70. Qazi Shahid Pervaiz Home 99211259 Home Department Government of Secretary Sindh Secretariat No.2 Kamal Turk Ata Road Karachi 71. Mr. Iftikhar Ali Shalwani Law 99212019 Law Department Sindh Assembly Secretary Building Ground Floor Karachi 72. Mr. Altaf Ahmed Gizrani Social Welfare Department Govt of Secretary Social Welfare Sindh, Sindh Secretariat No. 3, Department Karachi 73. Ms. Rabia Adeela Javeri Regional Office Human Rights TRCS Secretary Human Rights Building Dr. Daud Putra Road Cantt Karachi. Media Persons 74. Dawn 92-21-35670001 Haroon House, Dr. Ziauddin Ahmed Road, Karachi 75. Geo + 92-21 111-436-111 7th floor, Landmark Plaza,I. I. Chundrigarh road, Karachi, Pakistan 76. ARY ARY Communications 6th Floor, Madina City Mall Abdullah Haroon Road, Saddar Karachi, Sindh 77. Metro Mezanine Floor, Mashrique Centre
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National Stadium Road, Karachi. 78. 24 Channel 111-825-831 47 - N, Gulberg II Gurumangat Road Lahore, Pakistan 79. Aaj Channel 111-010-010 531, Recorder House, Business Recorder Road, Karachi 80. Duniya 42/1/E, Block No.6, P.E.C.H.S SOCIETY, Karachi NGOs 81. Ms. Beena 92 2135373008 Office No.102 Pearl Crest, 18-C, 4th War Against Rape Commercial Lane, Zamzama Blvd, DHA Phase V, Karachi 82. Ms. Palwasha Shahab +92-42-35864994 Aiwan-i-Jamhoor, 107-Tipu Block, HRCP New Garden Town, Lahore 83. Ms. Raheema Panhwar SPO 021-35836213, G-22, B/2, Park Lane, Clifton Block 05, 35873405 Karachi Pakistan 84. Ms. Mehnaz Rehman (021) 35824694, D-3/1, Block-7, KDA SchemeNo.5, Aurat Foundation (021) 35874718, Clifton, Karachi. (021) 35830195 85. Ms. S. Farwa Rashid House No.7, Street No.58, will Attend on behalf of F-7/4, Islamabad. Ms. Sofia Shakeel Asia Foundation Additional Names 86. Ms. Mahwish, Cell: 0333-2126612 HBL Plaza 12 Legal Department I.I HBL Chundrigarh Road, Karachi. 87. Ms. Nausheen Ahmed, 32418000 12 Habib Bank Plaza I.I Chundrigarh Company Secretary HBL Road Karachi 88. Mr. Imdad Hussain Khoso District & Sessions Judge Karachi (South). 89. Mr. Abdullah Channa District & Sessions Judge Karachi (East). 90. Mr. Khalid Hussain Shahani District & Sessions Judge Karachi (West). 91. Syed Shakeel Hyder District & Sessions Judge Karachi (Central). 92. Mr. Mushtaque Ahmed District & Sessions Judge Karachi Laghari (Malir).
93. Mr. Justice Nadeem Azhar Cell: 0300-8236642 Bungalow No.149/1, 11th Street, Siddiqui Khayaban-e-Bukhari, Phase VI, DHA, Karachi. 94. Mr. Justice Nasir Aslam Cell: 0300-8291191 Chairman, Legal Aid Society. Zahid
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Former Chief Justice High Court of Sindh 95. Director Hamdard School of Near City Campus Plot No. 4A, law Adjacent Dehli Sweets, PECHS, Nursery Stop, Main Shahra-e-Faisal, Karachi. 96. Mrs. Ashraf Jehan Jamali Cell: 0321-2053973 Shariat Court Islamabad Judge 97. Mr. Haseeb Jamali 021-35868859 207-208, Clifton Centre, DC-1 Block-5, Advocate 35362492-3 Kehkashan Clifton, Karachi 98. Dr. Rana Khan Cell: 0300-9208568 Suite # 402, 4th Floor Al-Ameerah Advocate Centre, Near Passport Office, Saddar, Karachi. 99. Mr. M. Ilyas Khan 108, Asad Chambers Near Passport Advocate Office Saddar Karachi. 100. Hon’ble Mr. Justice Ali Sain Cell: 0302-2007067 Bungalow No. 95-B, 16 Central Street, Dino Metlo Phase II, DHA, Karachi. Former Judge High Court of Sindh 101. Hon’ble Mr. Justice Haziq-ul- Cell: 0301-8502511 Bungalow No. 17/11/1, Saba Avenue, Khairi B-Street, Phase V, Ext. DHA, Karachi. 102. Hon’ble Mr. Justice Atta-ur- Res 021-35381238 House # 44-B-1, National Highway Rehman 35381223 Phase II, DHA, Karachi. 103. Hon’ble Mr. Justice Zia Cell: 0300-8210137 Bangalow No E-37 – I/B, Street No. 5, Pervez Main Beulovand Gizri, Phase-IV DHA, Karachi.
104. Hon’ble Mr. Justice Qaisar Cell: 0334-3706082 House # 91/1, Main Saba Avenue, Iqbal Phase V (Ext), DHA, Karachi 105. Mr. Zia -ul-Haq Makhdoom Cell: 0333-2103888 Off: 106, 1st Floor, Shaheen Centre, Schon Circle Block-7, Phase-V, Main Clifton, Karachi. 106. Mr. Muhammad Aqil Cell: 0333-2322243 Off: Suite No. 402, 4th Floor, Kashif Centre, Shahra-e-Faisal, Karachi. Res: Flat No. B-33, 5th Floor, Prince Complex, Main Clifton Road, Karachi. 107. Mr. Khalid Rehman 92 21 2427292 Third Floor, Finlay House, I.I. Chundrigarh Road, Karachi 108. Mr. Jawed Qazi 0300-9202416 Off: BJ-3, Ibrahim Terrace, Frere Advocate 0300-8220365 Town, Clifton, Karachi. 109. Mr. Nadeem Ahmed 0333-3217149 Off: F-66/3, Park Lane, Clifton, Advocate Karachi. 110. Mr. Kamal Azfar 0314-2000654 Off: 31-F, Block-4, Clifton, Karachi.
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Advocate 111. Mr. Sarmad Hani 0345-2795555 F-72/1, Block-8, K.D.A-5, Clifton, Advocate Karachi 112. Mr. Jawed Farooqi 0300-2211529 Suite # 69, 6th Floor, Farid Chamber, Advocate 0333-2345692 Abdullah Haroon Road, Karachi. 113. Hon’ble Mr. Justice Irfan Senior Puisne Judge High Court of Sadaat Khan Sindh
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PICTORIAL VIEW
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