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JTRI Journal, Which Inter Alia Contains Its Annual Report of the Year 2011-2012

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JTRI Journal, Which Inter Alia Contains Its Annual Report of the Year 2011-2012 SPECIAL FEATURE ISSN No 0976-9153 ANNUAL REPORT SEVENTEENTH YEAR 2011-2012 Issue XXXIII December, 2012 J T R I J O U R N A L Judicial Training & Research Institute, U.P. Vineet Khand, Gomti Nagar, Lucknow- 226010 Hon‟ble Mr. Justice Shiva Kirti Singh Chief Justice, Allahabad High Court 2 JUSTICE SHIVA KIRTI SINGH HIGH COURT ALLAHABAD. CHIEF JUSTICE MESSAGE I am happy to learn that the Institute of Judicial Training and Research, U.P. is going to publish XXXIII issue of its Journal containing annual report about the activities and achievements of the Institute and various articles on legal and constitutional topics written by Hon’ble Judges of Supreme Court and Allahabad High Court, eminent Jurists, Lawyers, Law Professors and students of law. The Journal will give the Judges of Subordinate Judiciary a forum to express themselves on various subjects of law and humanity. I am sure that the Journal will prove beneficial for the Judicial Officers of the State. I congratulate the Director and other officers of the Institute for regular publication of the Journal. My best wishes go to the Judicial Officers of the State and the Institute for all success in future. (Shiva Kirti Singh) 3 HON‟BLE MR. JUSTICE SUSHIL HARKAULI Senior Judge, Allahabad High Court 4 JUSTICE SUSHIL HARKAULI Senior Judge 5 HON‟BLE MR. JUSTICE UMA NATH SINGH Senior Judge, Allahabad High Court, Lucknow-Bench 6 JUSTICE UMA NATH SINGH High Court SENIOR JUDGE Allahabad Lucknow Bench MESSAGE I am delighted to learn that the Judicial Training and Research Institute, Uttar Pradesh is going to publish 33rd issue of JTRI Journal, which inter alia contains its Annual Report of the year 2011-2012. I am informed that the report is being published to provide all the essential information regarding composition, functioning, achievements and future plans of the Institute. I am also informed that various articles contributed by my brother Judges and academicians on the subjects of contemporaneous importance and relevance, directly or indirectly, touch upon the issues related to our justice dispensation system. I am happy that the Institute has successfully completed the first round of Judicial Training of almost all the Judicial Officers in the State under 13th Finance Commission during the calendar year 2011-2012 besides periodically organizing workshops, seminars, conferences, symposia, publication of digests etc. I hope and trust that the Institute, which has a high and steady reputation of being one of the best Judicial Training Centres in the country, will keep on adding new pages to its glorious past. On this occasion, I extend my heartiest congratulations and wish the Institute and its Journal all the success. 7 HON‟BLE MR. JUSTICE BHANWAR SINGH Chairman, JTRI, UP, Lucknow 8 From the Pen of Chairman Training is the best method for conversion of a legal knowledge to a judicial approach. Such conversion is best possible by way of methodical training. The word ‘training’ till 40 years back was an idea to which judges, all over the world, were opposed. France was the first country to have established a Judges training college in 1958. Then in 1963 National Judicial College in United States of America, Canadian Judicial Council in 1972 in Canada were opened and Australia followed the suit in 1975. In England, the concept of training had a seriously divided vote and needed deliberations. The Britishers are considered to be the modern law givers and most judicious too in the Justice Delivery System, yet they needed a debate on the issue whether, “Judges do need training”. To resolve the issue, a ‘Judicial Study Board’ was established in the year 1979 and it took long 9 years to deliberate over the subject and the debate eventually concluded, “Yes, Judges too need training” and accordingly established a Judicial Training Institute in the year 1988. Back home, the lone training college in Allahabad was closed in the year 1961. For some time, our Trial Court Judges and Magistrates were trained in the Administrative College, Nainital, which was meant for the Executive Officers. However, our need could not be catered by the said Administrative College and it was in this background that the State of Uttar Pradesh established this Institute in the year 1987. As a matter of fact, the Institute was established in order to provide training to Judicial Officers and Prosecutors of the State and also to conduct researches focusing on efficient judicial functioning including the problem of arrears and delay in disposal of cases. Judicial Training is considered to be relevant and necessary because the law students are taught about conceptual and textual laws. This kind of legal education can produce good law students. These good law students need to be converted into good lawyers and good judges. This requires linking legal knowledge with justice administration. Law is a social engineer and its aim is to create a just society in which rule of law is upheld and social evils are removed. How to make and apply law to achieve this object and how to make it an effective tool for administration of justice has been the main thrust of judicial training. Our Justice Delivery System as in the past and also in the present times is alive to the commitment for its goal. Needless to say, the primary goal is to impart justice up to the expectations of the litigant public. In this context, it may be interesting to mention about the functioning of a statutory 13 Member Independent Judicial Performance Evaluation Commission in State of Utah, a Northern State of USA. Under the statute, 4 members of the evaluation commission are appointed by the Legislative Leaders, 4 by the Governor and 4 by the State Supreme Court. The thirteenth member of the Commission is the Executive Director of Utah on criminal and Juvenile Justice. This commission deals and focuses on the functioning of Judges in the Trial Courts and while approving for retention of Judges in service, the members focus on: (1) whether a Judge has taken interest in the problems and issues subsisting between the parties appearing in his Court. (2) Whether he has carefully listened and decided the issues impartially, (3) Whether he has demonstrated that the parties’ story or perspective has been heard; and, (4) whether he has acted in the interest of the parties and not out of personal prejudices. 9 It is a unique test of the Trial Courts’ Judiciary and certainly such a test is expected of every judicial system prevalent in any country. I request all the esteemed Judicial Officers of the State for whom we have been managing the training programmes to imbibe the aforesaid 4 virtues of a good judge and win over the public trust and confidence. In this context, it would also be relevant to mention that profile of a good Judge requires that he should be a gentleman with full of legal knowledge, a patient listener with affable mind ( as per Kautilya), austere, impartial, God-fearing, (as per Katyayan) and free from anger. His respectful feeling for the lawyers, who in court proceedings teach us law, and guide us in the direction of justice, would beget greater esteem for Judiciary. The language of his judgments must be understandable by common man. With the object of improving justice delivery system, 13th Finance Commission has approved the proposal for judicial reforms placed through a memorandum presented by the Ministry of Law and Justice, Government of India. Under the scheme, funds have been allocated for enhancing quality of judicial officers through training programmes and also for infrastructural improvements and development of judicial academies/institutes. Apart from this, allocations for enhancing support to Lokadalats, promoting Alternative Dispute Resolution, training for Public Prosecutors, creation of posts of Court Managers in every judicial district etc. have also been carried out. The JTRI is the first in the country which under the guidance of the Hon’ble Allahabad High Court has commenced training programmes for the Judicial Officers of state under the 13th Finance Commission Scheme. Methodology of training in the Refresher Courses has been changed from the Traditional Classroom teaching with lecturing and coaching to participative, interactive and group discussion style. During the Training, apart from faculty, experts such as judges, academicians etc. are also invited with a view to broaden the understanding and approach with concern towards the needy litigants. Emphasis is laid on improving quality of justice and also sensitizing the judicial officers towards speedy justice delivery. In conducting the judicial training, the Institute attempts to create amongst the trainees the vision for justice i.e. how to become a powerful hand to support cause of justice. To bring about attitudinal change particularly for the implementation of social welfare laws pertaining to support women, children, weaker class and old age persons has been an important area on which we focus. The trainees are sensitized towards the object of such laws. The Institute updates the legal knowledge of the trainee officers during the training by discussions, interactions, sharing experiences, addressing the practical difficulties the officers face during working and by providing updated reading material containing case laws on useful topics prepared by the Institute. A quiz session was extremely successful, in which all the in-house trainees had participated. After the answers were given by the officers, substantive laws with the latest rulings of the Supreme Court and High Court to the concerned topic were narrated and discussed in detail. The Institute, in its endeavour, has provided Online Software along with Civil & Criminal Referencer to the judicial officers. Management Training is also being provided in Army Institute of Management and Technology, Greater NOIDA, to the Judicial Officers, to inculcate and develop management skills in them.
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