1 Annual Report | Year 2020
2 Annual Report | Year 2020
INFO
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Hon’ble Mr. Justice Ahmed Ali M. Shaikh Hon’ble Mr. Justice Muhammad Ali Mazhar Chief Justice High Court of Sindh, Judge High Court of Sindh, Chairman, Board of Governors, SJA Acting Director General, SJA
EDITORIAL BOARD
EXECUTIVE EDITOR: Hon'ble Mr. Justice Ali Aslam Jafri EXECUTIVE EDITOR: Hon'ble Mr. Justice Hasan Feroz Former Judge High Court of Sindh Principal SM Law College, Karachi Former Judge High Court of Sindh
SENIOR EDITOR: EDITOR: Mr. Muhammad Shahid Shafiq Mr. Aftab Ahmed Bajwa District & Sessions Judge, Commander (R) PN Senior Faculty Member, SJA Administrative Officer, SJA
WRITER/ CONTENT MANAGER: HONORARY ASSOCIATE EDITOR: Mr. Muhammad Murtaza Khan Barrister Syed Shahbal Ali I.T Expert/Faculty Member, SJA Advocate, High Court of Sindh
SUPPORT STAFF:
DESIGNED & FORMATTED BY: I.T SUPPORT: Syed Noman Shah Mr. Qazi Ishaq Ahmed Assistant to SFM/D&SJ, SJA IT Department, SJA
GRAPHICS DESIGNED BY: PHOTOGRAPHY: Mr. Saqib Hussain Abbasi Mr. Irfan Jawed Assistant to SFM/D&SJ, SJA Assistant, Admin Department, SJA
This Annual Report is Designed & Published by: Sindh Judicial Academy, Judges Bungalows 1 & 2, Ferozenana Road, Bath Island, Clifton , Karachi, Pakistan +92-21-99250629, [email protected] Annual Report | Year 2020 3
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01 MESSAGES • Message of Hon'ble Mr. Justice Ahmed Ali M. Shaikh Chief Justice, High Court of Sindh and Chairman BoG, SJA 04 - 05 • Message of Hon'ble Mr. Justice Muhammad Ali Mazhar Judge, High Court of Sindh and Acting Director General, SJA
02 EXECUTIVE SUMMARY 06 - 07
THE MANAGEMENT 03 • Board of Governors • The Director General Office 08 - 10 • Mission Statement
ACADEMIC ACTIVITIES 04 • Training Programs for Judicial Officers • Training Programs for Prosecutors & Investigation Officers 11 - 79 • Training Programs for Advocates / Members of Bar • Training Programs for Office Staff • Training Workshops / Seminars / Consultative Meetings
05 FOUNDATION STONE LAYING CEREMONY 80 - 83 • Proposed Building Plan Sindh Judicial Academy
RESEARCH MATERIALS 06 • Handbooks 84 - 88 • Training Manual / Guidelines • Research Materials
THE ACADEMY AT A GLANCE 07 • SJA Team, I.T. Department • Classroom / e-Learning Centre & Library • Court Annexed Mediation Centre • Performance Report & Finance of the Academy Year-2020 89 - 101 • Training Matrix Year-2020 • Visiting Faculty Members Year-2020
CONTENTS • Upcoming Activities Year-2021 4 Annual Report | Year 2020
MESSAGE OF HON’BLE CHIEF JUSTICE HIGH COURT OF SINDH MESSAGE HON’BLE MR. JUSTICE AHMED ALI M. SHAIKH 4 CHIEF JUSTICE, HIGH COURT OF SINDH CHAIRMAN, BOARD OF GOVERNORS, SINDH JUDICIAL ACADEMY
As we are aware of the fact that we Court of Sindh and Acting Director justice but also promote justice. are passing through a very tough General, SJA is already burdened Moreover, Judges cannot perform time. It is not only judicial fraternity, with judicial work and also dealing their task of dispensing justice not the province of Sindh, not the with public interest litigation on effectively without the able support citizens of Pakistan but the entire judicial side. He is the head/ of advocates. It is imperative human race is in unprecedented member of various committees to highlight that overall, 1,089 crisis. The pandemic has put us in including Chairman IT Committee, Advocates/members of High Court this struggle for survival. Chairman Purchase Committee, and District Bar Associations Member NJAC (National Judicial acquired training throughout the To address the challenge, we have Automation Committee), Member year. Moreover, several members to adopt new ways and methods Development Committee etc. of Baluchistan High Court Bar of life style. Though, we have Association also acquired the restricted our all movements training at Sindh Judicial and confined ourselves to Academy. limited interaction along with social distancing but we It is worthwhile to mention cannot stop our all activities. the fact that despite the Fortunately, we are equipped Academy remained closed with sufficient technologies for about 4 months due to to undertake our necessary COVID-19 pandemic, the activities. quantum of training was exceptional. Whereas, under Justice delivery system the leadership and guidance is an essential activity for of my learned brother judge maintaining order in the society. (Hon'ble DG, SJA) besides The High Court of Sindh and the academic activities, the Courts subordinate to it several research studies are catering about a quarter of have also been conducted total population of our country. which includes; Development Being one of the largest of Prosecutors’ Training province, judiciary bears high Module, Handbooks on; responsibility to satisfy the Mediation, Juvenile Justice demands of the people for System, Forensic Science; justice. Curriculum and Training Schedules for Additional In this period, our higher and District & Sessions Judges district judiciary are working and Civil Judges, Training effectively. We never stopped In spite of all, he supervised Modules for Rent Controller, dispensing justice in this pandemic and advanced the Academy Counter Terrorism Financing and because we strongly believe that and successfully managed to Anti-Money Laundering in Pakistan imparting justice is a pious mission. conduct 57 courses in which 1,738 etc. Also, we believe that as a judge we participants of all justice sector have to serve community in the stakeholders were provided quality Being the head of judicial fraternity pivotal role of administering justice education throughout the year. of this province, I pay my gratitude according to law. to Mr. Justice Muhammad Ali As we are also aware of the Mazhar and his entire team for It is for the first time that a sitting fact that the Advocates are their persistent and untiring Judge is the head of Sindh Judicial inseparable and important part efforts for providing an exemplary Academy. Mr. Justice Muhammad of effective legal system as they support to strengthen the system. Ali Mazhar, as a Judge High not only aid in seeking access to Annual Report | Year 2020 5
MESSAGE FROM HON’BLE DIRECTOR GENERAL MESSAGE HON’BLE MR. JUSTICE MUHAMMAD ALI MAZHAR JUDGE, HIGH COURT OF SINDH ACTING DIRECTOR GENERAL, SINDH JUDICIAL ACADEMY Legal systems are created for the justice system. Without doubt, Sindh Judicial Academy is working advancement of a society. These Justice system is a mechanism very closely with national & are the guidelines that work as a which came into practice after international development agencies code of conduct for the citizens and the creation of human being. and other stakeholders. We also in absence of law, there will be great have facilities of e-classrooms. The chaos. Law can be said to perform Since its inception in 1993, Sindh E-CAPRI learning management four different functions, each of Judicial Academy is imparting system includes Web Server, which is of huge importance to our its main goals of the existence, Network Server and several built- welfare, that include, defending us that is, to enable a trainee to in and custom designed modules, from evil, promoting the common become active, independent whereas, another E-Learning good, resolving disputes over and responsible. To promote the Center facilitated by UNODC with limited resources and encouraging personal skills and competence more than 90 modules is available people to do the right thing. (including knowledge, skills and 24/7. These are our efforts towards modernization and keeping Democracy requires knowledge abreast with the academic needs of Legacy, so a clear and strict of the 21st Century classrooms. policy on Legal education is Our faculty members are well- always needed. Legal education acquainted with the new technology is described as an activity where while our staff is well versed with a person has possibilities to trouble shooting mechanism. acquire legal knowledge and skills, acquainted with legal Several research studies have regulations and the actual legal been conducted this year, including system, human rights, freedoms, the development of Prosecutors’ responsibilities and the ways Training Module, Handbooks on of protection of human rights. Mediation, Juvenile Justice System, Forensic Science, Curriculum and The philosophy of law basically training schedules for Additional revolves around the life of the District & Sessions Judges and beneficiaries of Justice: the Civil Judges, Training Modules innocent, the least resourced and for Rent Controller, Counter the recipient of victimization in Terrorism Financing and Anti- any form. It is only Judiciary which values) of a trainee, enabling Money Laundering in Pakistan etc. always stands stride as the savior the trainees to make decisions of the innocent, the least resourced independently, critically and While accepting the challenges of and the recipient of harmful action. according to the constraints defined modern era and limitations of recent The beneficiaries of Justice must in the existing law, shape formation times, Sindh Judicial Academy feel protected and be saved of students’ personal competence remains committed and determined from any form of social anomaly. in a way that they are enabled in to promote and strengthen law their everyday life to follow the education in the province. Despite procedural challenges law, morality and other social within the judicial system, Soon we shall move to the new the aspirations of people are rules, determined by internalized premises where we are expecting still established around the legal culture and consciousness. more refined academic facilities. 6 Annual Report | Year 2020
EXECUTIVE SUMMARY
To fulfill the core objective of its investigation & trial, and role of trial A series of Advocacy training existence, i.e. legal orientation courts in cyber crime cases were programs was conducted during and training of members of the discussed in the 6training program. the year in which several batches subordinate judiciary and law were provided knowledge on officers, Sindh Judicial Academy A two-day international conference/ CPC, Cr.PC, Qanun-e-Shahadat conducted several training Training seminar on “Strengthening Order, Forensic Evidence, Human sessions during the year 2020, for the Interface between Criminal Rights, Judgment Writing/Order all stakeholders of justice system. Justice System and Mental and all relevant Laws and skills. Health System” was organized Overall, about 1089 Advocates In order to reduce the spread of in December in collaboration from Sindh High Court Bar COVID-19, most countries around with Pakistan Psychiatric Society Association, Balochistan High the world including Pakistan (PPS), School of Forensic Mental Court Bar Association, District decided to temporarily close Health and National Health Bar Associations (Karachi, Malir, educational institutions. However, Services (NHS), Scotland. In this Moro, Hyderabad, Jacobabad, Sindh Judicial Academy took program, 47 participants (including Kashmore, Kandhkot, Matiari, this challenge as an opportunity 24 Judges, 10 Advocates and 13 Sanghar & Ghotki etc). were and continued to play its role for others) attended. provided quality skill-based training providing quality education to the during the year 2020. stakeholders of judicial fraternity in presence of all safety precautions. In the month of June and July, Advocates were also trained Due to pandemic, various online using E-CAPRI online learning sessions were conducted in the management system. months of June and July. These trainings were conducted through A couple of online training E-CAPRI learning management sessions for the Members of Sindh system. The Judges of different High Court Bar, Balochistan High cadres attended this online training Court Bar, Karachi Bar, District activity. Bar Hyderabad and District Bar Jacobabad were also arranged An online consultative meeting on in the first & second weeks of “Tailoring the South Asia Regional September on ‘Trial in Family Toolkit for Judges of Sindh” was Court’. In these two-day sessions, conducted for the Judges of Anti- Sindh Judicial Academy in total 70 Advocates were provided Terrorism Courts. This meeting collaboration with Legal Aid Society training. was arranged in collaboration with (LAS) arranged another “Two- UNODC and 30 Judicial Officers day capacity building workshop In the last week of September, attended this meeting. on Gender Based Violence” another one-day online Advocacy in December 2020. The core Training Program on Banking Another online training session purpose of this training program Laws for Members of the Bars was was arranged for the Consumer was to strengthen the criminal conducted. Court Judges. This session was justice system’s response to on Sindh Consumer Protection Act sexual violence in Sindh. No. of Advocates/Members of various 2014. participants was 30 (including 01 Bars were also provided online DSJ, 29 ADSJs) . training courses in the month of Three batches of two-day training October on Introduction to the programs on “Mediation Law” (i.e Lawyers play an important part CPC, Advocate as Mediator under amendment in Section 89-A and in the administration of justice. the scheme of CPC and Art of Order X CPC) were conducted The profession itself requires Cross-Examination. Overall, 115 in the months of September the safeguarding of high moral participants including 10 females and October. This program was standards. Legal community and attended this training. organized in collaboration with The advocates are inseparable and Asia Foundation. important part of robust legal Three batches of Advocates/ system and they not only aid in Members of Sindh High Court Sindh Judicial Academy in seeking access to justice but also Bar were provided training on collaboration with www. Bolobhi. promote justice. Judges can not “Recording of Evidence through org arranged a “One-day training perform their task of dispensing Commission” and “Introduction of program on laws related to justice effectively without the able Amendment in Section 89-A CPC”. cyber crimes”. This program support of advocates. In that sense, These three-day sessions were was attended by 20 CJs/JMs. advocates play an important role in conducted in the month of October The key issues like cyber crimes the administration of justice. and November 2020. in which 119 Annual Report | Year 2020 7
EXECUTIVE SUMMARY
Advocates including 18 females Prosecutors & Police Investigation extensive training on secretarial were provided skill-based training Officers were also given couple of work, ethics and their working on the subject. Two-days basic training workshops relationship with their reporting head on Counter Terrorism Financing and fellow colleagues. A five-day In 15 different one-day and two- and Anti-Money Laundering in training program was successfully day sessions, the Advocates from Pakistan. These workshops were concluded in the month of March several Associations were provided conducted in collaboration with by enhancing their understanding training on Law of Probation, Rent Research Society of International on court room procedures. Total Law, Family Law, Contract Law, Law Pakistan (RSIL) and total 46 No. of participants was 41. Mediation Law, Specific Relief participants attended the training. Act, Mediation Law (Amendment Two, one-day training programs in CPC Section 89 and Order On the request of DG Balochistan for High Court Establishment Staff X), Mental Health and Forensic Levies Force (BLF), Sindh Judicial (PA/PS) on Case Law Management Psychiatry for Legal System, Law Academy, conducted 02 Basic System (CLMS) was arranged in of Evidence, Recording Evidence training courses for Investigation September 2020. Total 76 staff through Commission, Examination Officers and Assistant Investigation members in 04 batches were of a witness, Bail in non-bailable Officers of BLF. The objective trained. The objective of these offences, Summary Procedure of these training courses training sessions was to update (Order XXXVII CPC), Principles was to strengthen the criminal the High Court Establishment Staff of granting bail, Trial procedure investigation system by phase- (PA/PS) with the new features of followed in Magisterial Court, etc. wise basic training, covering all the Case Law Management System aspects of criminal investigations. (CLMS) so that the updated data/ Prosecution is an integral part First batch of one-week training was information may be uploaded on of the criminal justice system. It conducted in October; wherein, 25 the website on regular basis. is the duty of the prosecutors to officers were trained. Second batch prove the accused guilty in courts. of 10 days training was conducted SJA Staff training on Office English, The police carry out the required in December; wherein, 27 officers Office Ethics, Office Management, investigation and submit challans Administration and I.T was held against the accused and leave in September 2020. The primary it to the prosecutors to fight the objective of this training was to legal battle in courts. The courts enhance the capacity of secretarial can not award punishment on staff of Academy. their own to anyone unless their crime is proven by facts and The other core objective of the witnesses according to the Law of Academy is to provide information Evidence (Qanoon-e-Shahadat). on legal and constitutional research So, in criminal cases, this task and also conduct the research. is performed by the prosecutors who try to prove the allegations During the year 2020, Sindh Judicial against the accused in the light Academy accomplished several of the investigation done by studies including the development the police and with the help of of Prosecutors’ Training Module; circumstantial as well as ocular Handbooks on Mediation, evidence managed mostly by the were trained. Juvenile Justice System, Forensic police. Sindh Judicial Academy in Science; Curriculum and Training collaboration with Ministry of Law Schedules for Additional District & Justice arranged a training & Sessions Judges, and for Civil Sindh Judicial Academy in program for employees of Ministry Judges, Training Modules for Rent collaboration with UNODC to enhance their capacity for Controller, on Counter Terrorism conducted 03 training programs resolving the matters in more Financing and Anti-Money for the Prosecutors and Police efficient way. The training was Laundering in Pakistan etc. Investigation Officers of Sindh. The conducted in February in which officers were provided skill-based total 57 participants attended the Under the kind guidance and training to overcome the Police- sessions on I.T and Ethics. leadership of the Hon’ble Director Prosecution flaws and also to General, SJA, several plans for increase the conviction rate during To raise the standard of knowledge dispensing quality legal education the trial. Total No. of Participants of the support staff of High Court for the major stakeholders of in these 03 Batches was 77 of Sindh, the Hon’ble Chief Justice Justice sector have already been (comprising 45 Prosecutors and High Court of Sindh and the Hon’ble worked out for the upcoming year 32 Police officers). Director General decided that the 2021. support staff should be provided 8 Annual Report | Year 2020
THE MANAGEMENT B.O.G
BOARD8 OF GOVERNORS SINDH JUDICIAL ACADEMY
Hon’ble Mr. Justice Ahmed Ali M. Shaikh Hon’ble Mr. Justice Irfan Saadat Khan Hon’ble Mr. Justice Muhammad Ali Mazhar Chief Justice, High Court of Sindh Senior Puisne Judge, High Court of Sindh Judge, High Court of Sindh Chairman, Board of Governors, SJA Vice Chairman, Board of Governors, SJA Acting Director General, SJA
Mr. Khalid Jawed Khan Minister of Law (Govt. of Sindh) Mr. Salman Talibudin Attorney General of Pakistan Sindh Assembly Building, Karachi Advocate General Sindh Member, Board of Governors, SJA Member, Board of Governors, SJA Member, Board of Governors, SJA
Hon’ble Mr. Justice (R) Nasir Aslam Zahid Hon’ble Mr. Justice (R) Mushtaq A Memon Barrister Zamin Hussain Talpur Senior Advocate & Member of Sindh Principal, Indus Law College Chairman, Legal Aid Society High Court Bar Association, Member, Board of Governors, SJA Member, Board of Governors, SJA Member, Board of Governors, SJA
Dr. Mansoor Abbas Rizvi Mr. Abdul Razzaq Mr. Abdul Naeem Memon Secretary Law & Parliamentary Affairs, MIT-II, High Court of Sindh District & Sessions Judge, Karachi (West) Government of Sindh Member, Board of Governors, SJA Member, Board of Governors, SJA Member, Board of Governors, SJA Annual Report | Year 2020 9
THE MANAGEMENT
THE DG OFFICE
Section 11 of the Sindh Judicial either by direct recruitment, Academy Act,1993 describes transfer, deputation or otherwise, the powers of the Director on such terms and conditions, as General of the Academy may be determined by the Board. in the following words: 2. The Director General may: 1. The Director-General shall be appointed by the Board of a. On the recommendation of a Governors, SJA on such terms and Selection Committee, constituted conditions as it may determine and by the Board, may appoint shall perform his functions under members of the staff to posts in Basic Pay Scales up to 16; and general directions of the Board. The Composition of the Management and Staff of the 2. The Director-General shall be b. On the recommendation of a Academy is set under Section Selection Committee, constituted responsible for the maintenance 12 of the Act, which describes of good order and discipline. by the Board, and with the the management of the prior approval of the Chairman, Academy in the following words: 3. The Director-General shall may appoint officers to posts in be the principal accounting Basic Pay Scales 17 and above. 1. Officers and members of the staff officer of the Academy. of the Academy may be appointed 10 Annual Report | Year 2020
THE MANAGEMENT
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MISSION STATEMENT
The Academy’s mission is to bring in Developing sensitization amongst d. Provide information on legal conformity, the level of knowledge, all stakeholders of the justice and constitutional research; skills and attitude of the Judicial sector of all sorts of discrimination Officers discharging their functions is an important feature of the e. To conduct departmental in Province of Sindh with the legal Academy’s mission. examinations of members of instruments and highly regarded establishment of subordinate customary practices as much as Aims & Objectives judiciary and the High Court; to strictly follow the verdicts given f. Publishing of journals, memories, by the Superior Courts for such a. Provide legal orientation research papers or reports; and objectives. and training of members of the subordinate judiciary, law officers e. Performing such other incidental The Academy bridges the gap and members of the bar; functions as may be approved by between all stakeholders of Justice the Board or as may be requisite to Sector and ensures their consistent b. Provide continuous education further its objectives; growth and development. of members of the subordinate judiciary; The Academy has constituted The Academy generates, as a Think Tank, comprising of well as focuses on development c. Holding conferences, seminars, Honorable Former Judges of of research for developing the workshops and symposia for Superior Courts in order to devise curricula and the course material. improvement of judicial system and quality of judicial work; visionary guidance to improve various aspects of law education. Annual Report | Year 2020 11
SINDH JUDICIAL ACADEMY ACADEMIC ACTIVITIES YEAR 2020 12 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS CERTIFICATE AWARD CEREMONY FOR THE TRAINEES OF12 SINDH POLICE (ON 02 JANUARY 2020)
Sindh Judicial Academy is therefore, being one of the integral General of Sindh Police, and mandated to impart legal training parts of Criminal Justice System, Hon’ble Mr. Justice Khilji Arif to the stakeholders of Justice a Memorandum of Understanding Hussain, Former Judge Supreme Sector in the province of Sindh. (MoU) was signed between Sindh Court of Pakistan, the Director In this regard, the Academy Judicial Academy and Sindh General, Sindh Judicial Academy envisages, designs and conducts Police Department on 15th April were the Guests of Honor. training programs, seminars, 2017, where it was agreed that workshops and conferences where Sindh Judicial Academy shall The Ceremony opened with the professional law practitioners impart purpose based trainings to recitation of the Holy Quran, are invited to enlighten the Police Officers throughout a year. while, Principal Police Training fellow law professionals with Center, Saeedabad, SSP their knowledge and expertise Since the signing of the MoU, Sindh Mr. Shaukat Khatian (PSP) and help each to broaden their Judicial Academy has conducted gave the welcome address. understanding of the subject a series of training programs. , DIGP and improve their law practice Wherein, during the second half Mr. Nasir Aftab (PSP, PPM) Training, Sindh Police, apprised for the judicious dispensation of 2019, six training programs the audience on the salient of cases, in accordance with were arranged for different ranks features of the training programs law. It ultimately strengthens of Police Officers which included: and appreciated the role of trainers the justice system as a whole. the Inspectors (Investigation) and Inspectors (Law). As a result of in imparting theoretical as well as Among other stakeholders, Sindh these training programs around practical knowledge to the trainees. Police has been one of the major 228 Police Officers were trained. Thereafter, stakeholders in Justice system Mr. Muhammad , District & where it has a responsibility of After the conclusion of a set of six Shahid Shafiq Sessions Judge / Senior Faculty maintaining public order, safety, training programs, a Certificate Member, Sindh Judicial Academy enforcement of law, prevent, Award Ceremony was arranged briefly elaborated the need detect, investigate, arrest and at Sindh Boy Scouts Association to adopt modern trends and keep in custody an offender under Auditorium, Karachi, where, Dr. developments in the fields of the judgement of a court of law. It Syed Kaleem Imam (TI, QPM, PPM, UNPM, PSP), Inspector Investigation and Prosecution. Annual Report | Year 2020 13
Dr. Syed Kaleem Imam, Inspector General, Sindh Judicial Academy approach while doing investigation General of Sindh Police appreciated assured the audience in his speech and practicing prosecution. the efforts of all the concerned who for sustaining the commitment arranged the training programs of Sindh Judicial Academy viz-a- At the end of the ceremony, and thanked the trainers for viz improving learning outputs for Certificates of Participation were sharing their invaluable knowledge each training session. His Honor awarded to all the trainees. and expertise. He also expressed also expressed his satisfaction Whereas, those who performed his hopes that the trainees who on the level of knowledge gained well during the training participated in each training and interest of trainees displayed sessions, were awarded with program shall adopt modern during each session. Certificates of Appreciation by the practices and prove to be a change Guests of Honor. agent in their respective fields. The Hon’ble Director General also said that the trainings in focus The ceremony was closed with a Hon’ble Mr. Justice Khilji Arif shall bring an evident change in the note of thanks and exchange of Hussain, Former Judge Supreme use of conventional methods with souvenirs between the Guests of Court of Pakistan, the Director modern thinking and professional Honor. 14 Annual Report | Year 2020
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THE ACADEMIC ACTIVITIES ADVOCATES ADVOCACY TRAINING PROGRAM FOR THE MEMBERS OF THE KARACHI BAR ASSOCIATION BATCH - I : FROM 28 JAN - 06 FEB 2020
In recent years, Sindh Judicial Following Hon’ble Judges of High Control Authority Academy has broadened its scope Court of Sindh conducted the • Trial in Family Court by introducing tailor-made training sessions of the training program: • Civil Procedure Code, 1908 programs for various stakeholders of the Justice System in Sindh. • Hon’ble Mr. Justice Irfan Saadat • The Defamation Ordinance, 2002 In this connection, the Academy Khan , Senior Puisne Judge • The Qanoon-e-Shahadat, 1984 invited the members of District • Hon’ble Mr. Justice Aqeel Ahmed • Tax Laws in Pakistan Bar Associations, Prosecutors Abbasi • Constitution of Pakistan & and Investigation officers to learn • Hon’ble Mr. Justice Syed Hassan Fundamental Rights the basics of court procedures Azhar Rizvi • Proceedings Before Rent with their respective perspective • Hon'ble Mr. Justice Muhammad Ali and how they can contribute Mazhar, Acting Director General SJA Controller Under the Sindh Rented effectively in the adjudication and • Hon’ble Mr. Justice Muhammad Premises Ordinance, 1979 & disposal of cases on merit. Such Shafi Siddiqui Cantonment Rent Restriction Act, initiatives created a sense of one- • Hon’ble Mr. Justice Salahuddin 1963 ness among judiciary, the Bar and Panhwar the Prosecution Department of • Hon’ble Mr. Justice Muhammad The program was opened with the Government of Sindh. Junaid Ghaffar recitation of Holy verses of Quran. Later, Mr. Shahid Shafiq,Learned In the first batch, 41 young lawyers • Hon’ble Mr. Justice Fahim Ahmed District and Sessions Judge/ were nominated by the KBA and Siddiqui Senior Faculty Member welcomed SHCBA to participate in the training • Hon’ble Mr. Justice Yousuf Ali the participants and invited program. It was also the first time Sayeed Director General, Sindh Judicial that Hon’ble serving Judges of • Hon’ble Mr. Justice Adnan Iqbal Academy, Hon’ble Mr. Justice the High Court of Sindh were Chaudhry Muhammad Ali Mazhar to enrich invited in the training program as • Hon’ble Mr. Justice Agha Faisal the participants with his invaluable resource persons. It was expected inaugural words. He greeted the that all the participants acquire The dignitaries sensitized the participants and elaborated the updated and pertinent knowledge participants on the following topics: features of a Hon’ble Mr. Justice on Advocacy from the best • Laws Relating to Municipal Hon’ble Mr. Justice Muhammad learned minds of the Judiciary. Corporation and Sindh Building Shafi Siddiquidelivered a lecture 16 Annual Report | Year 2020
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punctuality, value to time, behavior, a Tenant and a Landlord and all as to how they can go through the verbal appropriacy, presentation the disputes that arise between legal provisions. Hon’ble Lordship of legal proceedings etc. He also the two any time during the discussed thoroughly about excise suggested all the participants to tenancy period and to safeguard tax, sales tax, custom duties, receive maximum benefit out of the the interest of the both. Citing Federal Excise Duty and added that knowledge of Hon’ble Judges and various Rent Laws, his Lordship these are federal taxes on business attend each session with complete mentioned that the first Rent Law activities in the country. His honor dedication and commitment. was promulgated in Punjab in 1941 shared that after 18th amendment, in the name of Punjab Urban Rent the taxes are divided into Federal Hon’ble Mr. Justice Irfan Saadat Restrictions Act, 1941 followed Taxes and Provincial Taxes. In the Khan, Senior Puisne Judge, by House Rent Act, 1946 in study of tax system, the subject of High Court of Sindh sensitized NWFP. In 1947, the Punjab Urban Income tax is considered the most the participants on Proceedings Restriction Act, 1941 was repealed important and interesting one. before Rent Controller under Sindh by Punjab Urban Rent Restriction Rented Premises Ordinance, 1979 & Cantonment Rent Restriction Act, 1947 then further repealed by Hon’ble Mr. Justice Syed Hassan Act, 1963. Following points the same Acts of 1949 and 1952 Azhar Rizvi delivered a lecture were discussed in the session: respectively. Hon’ble Lordship on Laws Relating to Municipal quoted several case laws related Corporation and Sindh Building • Jurisdiction of Court to Pagri and Rent of Premises. Control Authority. He shared the • Drafting Misc. Applications background of Karachi Municipal Hon’ble Mr. Justice Aqeel Ahmed Act-1933. He also discussed • Grounds for evictions Abbasi, Judge High Court of Sindh different provisions of the Act, that • Recording Evidence delivered a lecture on Tax Laws in have been given under various • Art of Arguments Pakistan. He expressed his views chapters. The second part of the • Tentative Rent Order about the profession of Advocacy. lecture was about the provisions He said that Advocacy is one of the of Sindh Building Control Authority Hon’ble Senior Puisne Judge finest professions of all the times Ordinance-1979 which was opened the session with focus on because you are the one who relevant to the participants. “Pagri System”. It was said that come forward to rescue people Different case laws were also usually this term is very confusing through the process of Law if a discussed and the participants itself because it is considered dispute arises between individuals were enlightened with the court prevalent in our laws but in his or groups of people. Therefore, an procedures with regards to the point of view it is not. He also advocate must consider himself cases registered under the discussed the Rent Laws and superior to others in terms of Building Control Ordinance-1979. shared that these laws are meant understanding the problem and to regulate the relations between then guiding the people in need Annual Report | Year 2020 17
Hon’ble Mr. Justice Muhammad where a question “Whether non- Shafi Siddiqui, Judge High court fulfillment of the promise of of Sindh delivered a lecture on marriage is a family dispute?” Civil Procedure Code, 1908. The was asked to the participants. session was divided into on Civil Procedure Code, 1908. The Hon’ble Mr. Justice Fahim session was divided into following Ahmed Siddiqui discussed the following areas of learning: topics:
1) Jurisdiction of Civil Court, • Jurisdiction of Family Court 2) Pleading, • Drafting of Plaint (or WS) 3) Service of Summons, • Pre-Trial Proceedings 4) Execution of Judgment • Preliminary Decree 5) Decree. • Recording of Evidence • Application for Interim Maintenance He discussed the jurisdiction of a court and Res Judicata in Civil etc. matters. The session was concluded • Application for Interim Custody after a detailed discussion on section • Art of Arguments 33 of Civil Procedure Code, 1908 where execution of judgment and Hon’ble Mr. Justice Adnan decree has been described. It was Iqbal Chaudhry, Judge High said that the execution of judgment Court of Sindh delivered lecture has to be made when the case two sessions on Civil Procedure is heard as per legal procedures Code, 1908 and on Interlocutory and the Competent Court finds it Applications in suit. The Hon’ble appropriate to execute the order Resource Person, defined it as and on the basis of the execution an application to the Court in any of judgment, Decree is issued in suit, appeal or proceeding that has the name of contesting parties. already been instituted in such a Court, other than a proceeding for Hon'ble Mr. Justice Fahim Ahmed execution of a decree or order. It was Siddiqui, Judge High Court of further said that the orders which Sindh delivered a presentation on are passed in those applications Trial in Family Court. He discussed are called as interlocutory orders. If aims and objectives of the session. an action has been commenced all The session was opened with subsequent applications are referred a quick brainstorming activity as interlocutory applications. It was 18 Annual Report | Year 2020 also discussed that how provided the theory of basic application and appeals structure of a Constitution. are made for interlocutory injunction. It was further shared that in 1967, Supreme Court of India Hon’ble Mr. Justice 18 observed that a Constitution Yousuf Ali Sayeed, could be altered according to Judge High Court of the present time needs. While Sindh delivered a lecture discussing the role of judges on “The Defamation while giving judgments, he Ordinance, 2002”. The shared that if a minority of session began with the judges give their judgments definition of Defamation in contrary to the majority of where it was said that the and it would not affect any criminal judges, then the judgments of definition of Defamation varies from proceedings. He also discussed: the minority view also takes value culture to culture and jurisdiction besides the views of the majority to jurisdiction. Talking about the 1) Trial Procedure, Judges. The minority also have valid legal framework for defamation in 2) Right of Appeal, reasons to justify their view points on Pakistan, his honor said that the 3) Superior Courts Judgments. any point. At the end of the session, Defamation Law may fall under the it was concluded that the law realm of criminal jurisprudence and Hon’ble Mr. Justice Agha Faisal, cannot be called beneficial unless civil as well. Section 499-PPC was Judge High Court of Sindh delivered it could be applied in real terms. referred as the section which defines a lecture on Constitution of Pakistan the defamation as an offence and & Fundamental Rights. His Honor On completion of training program, section 500 sets the punishment for referred a book “The Constitutional a certificate award ceremony the same offence. It was also shared Limitations”. The book began was held. Hon’ble Mr. Justice that Section 11 of Defamation with the teachings of Holy Quran Ahmed Ali M Shaikh, Chief Ordinance, 2002 defines the and directs the legislatures to Justice High Court of Sindh was procedure of carrying out the work on Rights. He also referred the Chief Guest of ceremony. proceedings of defamation offence to a German legislator who Annual Report | Year 2020 19
THE ACADEMIC ACTIVITIES ADVOCATES
ADVOCACY TRAINING PROGRAM FOR THE MEMBERS OF DISTRICT BAR ASSOCIATION (MALIR) BATCH - II : FROM 13 - 18 FEBRUARY 2020
This training program was arranged also explained the laws relating Hon’ble Mr. Justice Fahim for 43 nominated young lawyers at to Municipal Corporation and Ahmed Siddiqui, Judge High Academy to enhance their skills by Sindh Building Control Authority. Court of Sindh conducted two updated knowledge on Advocacy. sessions on the third day of the On the second day, two consecutive training. The session on Trial in Hon’ble Mr. Justice Nadeem sessions were conducted by Family Court was opened with a Azhar Siddiqui, Former Judge Hon’ble Mr. Justice Hasan Feroz, quick brainstorming activity where High Court of Sindh delivered a Former Judge High Court of Sindh. the Hon’ble Judge asked a question lecture on Civil Procedure Code, In the first session, his honor to the participants. The question 1908. He shared that without explained the Interlocutory was: Whether non-fulfillment of studying Civil Procedure Code Applications in Suit. He also the promise of marriage is a family one cannot be called a practicing explained Execution application and dispute? The participants actively lawyer. He elaborated the Appeal. Furthermore, he sensitized participated in the activity and Jurisdiction of Civil Court described the participants on the topics of answered the question. Most of in the Code. He also explained Counter Affidavit and Rejoinder. the participants were of the view Pleading and Service of Summons. He concluded the first session by that any such matter between legal The Hon’ble guest speaker explaining Principles for Granting partners would be considered as finally unfolded the Execution of Injunction and Receivership. a family dispute. This activity set Judgment and issuance of Decree. the pace of the later part of the In the second session, Hon’ble lecture. Later on, he covered the In the next session, Dr. Ch. Mr. Justice Hasan Feroz covered: sub-topics including: Jurisdiction Waseem Iqbal, D&SJ/Official of Court, Drafting Plaint, Pre-Trial Assignee, High Court of Sindh 1) Oral Examination of Parties, Proceedings, Preliminary Decree, delivered a presentation on 2) Production of Documents, Recording of Evidence, Application “Illegal Dispossession Act, 3) Referral of case to a Mediator, for Interim Maintenance, 2005”. He unfolded the expedient 4) Importance of Issues and its Application for Interim Custody to protect the lawful owners settlement, and Art of Arguments. and occupiers of immovable 5) Recording of Evidence, properties from their illegal or The successive session was 6) Art of Arguments, forcible dispossession there from on ‘The Defamation Ordinance, by the property grabbers. He 7) Right of Appeal, Revision and 2002’. Hon’ble Mr. Justice Review. Fahim Ahmed Siddiqui 20 Annual Report | Year 2020
20
covered several topics including: further legislation in year 2000 held. Hon’ble Mr. Justice Ahmed expands the role of the probation Ali M Shaikh, Chief Justice High 1) Salient Features of the Ordinance, service in investigating the cases Court of Sindh was the Chief Guest. 2) Jurisdiction of Court (Civil & of young offenders whereas Parole Criminal), continues as a separate system. The ceremony formally started 3) Trial Procedure, with the recitation of Holy Quran. On the final day of the training 4) Right of Appeal, session, Hon’ble Mr. Justice The Honorable Director General 5) Superior Court's Judgments. Agha Faisal, Judge High Court Sindh Judicial Academy Mr. On fourth day, Mr. Shahid Pervez of Sindh delivered a lecture on Justice Muhammad Ali Mazhar Memon, District & Sessions Constitution of Islamic Republic welcomed the participants and Judge conducted the first session of Pakistan and Fundamental delivered a brief overview of on “The Qanoon-e-Shahadat, Rights. He explained the overview previous training programs held 1984.” He explained the difference of the Constitution and shared in his short period. He also between Primary and Secondary that the Constitution of Pakistan shared the tentative schedule of Evidence. He also explained the provides fundamental rights, upcoming training programs and Relevant Facts. Mr. Memon also which include freedom of speech, assured that the Academy will unveiled the process of collecting freedom of thought, freedom of arrange several activities for all the evidence through modern devices. information, freedom of religion, stakeholders of the Justice sector. He elaborated the Court’s powers freedom of association, freedom to put questions and direct for of press, freedom of assembly and On this occasion, the Hon’ble production of documents. Finally, (conditional) right to bear arms. DG presented a memento shield he expounded on the concepts to the Honorable Chief Justice of Examination-in-Chief, Cross- Mr. M. Shahid Shafiq, D&SJ/ High Court of Sindh. He also examination and Re-examination. SFM, SJA delivered a presentation presented Academy shields to on Proceedings before Rent all trainers/resource persons. The second session was conducted Controller under the Sindh Rented by Mr. Abdul Razzaq, D&SJ/MIT-II, Premises Ordinance, 1979 & Hon’ble Mr. Justice Ahmed Ali M SHC (now the Registrar, SHC). Cantonment Rent Restriction Shaikh, Chief Justice High Court He delivered a lecture on Law of Act, 1963. He elaborated the of Sindh, in his short address, Probation. He shared that the Jurisdiction of Court with respect appreciated the Honorable current probation system originates to the Ordinance and Act. He also DG for arranging consecutive from legislation introduced in taught Drafting of Miscellaneous successful training sessions in Pakistan in 1960. He also shared Applications with examples. a very short span of time and that probation may apply to mentioned that the Academy is on convicts of any age but is excluded Mr. M Shahid Shafiq also right track. He, later on, awarded in the case of specified serious covered the sub-topics including certificates to the participants. offences. He further added that the Grounds for evictions, Recording court’s decision on the suitability of Evidence, Art of Arguments and The General Secretary and Joint of probation is informed by reports Tentative Rent Order. Secretary Malir Bar Association presented the traditional gift of Ajrak from the police and probation On completion of training program, service. Mr. Razzaq informed that to the Hon’ble DG and Hon’ble Chief a certificate award ceremony was Justice High Court of Sindh. Annual Report | Year 2020 21
THE ACADEMIC ACTIVITIES ADVOCATES CERTIFICATE COURSE ON PLEADING & CONVEYANCING (FAMILY COURT TRIAL & MUHAMMADAN LAW) (FROM 14 FEBRUARY - 07 MARCH 2020) Sindh Judicial Academy is a graduates and members of the of the Academy. Since limited premier Judicial Institution in the Bar who intend to serve in various seats were available, therefore, province of Sindh that provides institutions as their “Law Officers”. only those candidates who fulfilled pre-service and in-service The designed courses are the pre-requisites were selected training to Judicial Officers. In according to the needs of for this training program. For the recent years, the Academy has the members of the Bar convenience of the professionals, broadened its scope to train Law Associations and Bar Councils. two-hour classes were scheduled Officers of various Government on Fridays and Saturdays in the Departments, especially, the At the outset, Sindh Judicial afternoon of every week. The Public Prosecutors of Sindh etc. Academy started a Two-Month course outline included: Drafting (8 weeks) Certificate Course on Plaint; Drafting written statement; The Academy received a Pleading & Conveyancing (Family Drafting Misc. applications; How to considerable number of requests Court Trial and Muhammadan Law). argue miscellaneous application, from different Bar Associations How to record evidence, How to engage their newly enrolled The Law Students and Junior to examine the witness, How to members in trainings on Civil and Advocates availed this opportunity prepare written argument, Finding Criminal Trial and related topics. to learn about the procedures case laws from law journals and e-Database etc.
On the first day, Mr. Muhammad Shahid Shafiq, District & Sessions Judge/ Senior Faculty Member briefed the participants about the course and its objectives. He also conducted a Pre- Assessment test to evaluate the overall knowledge of trainees about the subjects.
The training program was commenced on February 14, 2020 and was scheduled to be extended till the first week of and how to become a successful April. Qualified Faculty Members Considering the facts that many lawyer in the field of Family laws. delivered lectures to the trainees. institutions, large concerns and After completing the course, other public/ private / social sector the participants will be able to In the mid of March 2020, this organizations need law officers plead cases in Family Courts. program had to be discontinued/ who can safeguard their law related postponed after 04 weeks due to interests in various levels of Courts, The candidates applied for the COVID-19 pandemic situation on the Hon’ble Director General, Sindh course after submitting an online due to restrictions of lock-down on Judicial Academy, introduced tailor application on the downloadable physical participation. made certificate programs for law form available on the official website 22 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS
TEN-DAY SKILL-BASED22 TRAINING PROGRAM FOR PROSECUTORS & INVESTIGATORS BATCH - I : FROM 17 - 26 FEB 2020
Realizing the importance of Public Prosecutors in justice system, a Ten-days skills-based training program was designed in collaboration with UNODC. It was meant to enhance the capacity of Public Prosecutors by introducing latest developments in the field of Prosecution & Investigation.
The training program was held at SJA. Permanent faculty members of the Academy took sessions/ lectures on various topics, THE OUTCOME OF TRAINING: whereas, expert subject specialists were also invited to deliver The trainees learnt the lectures. Overall, 42 training following topics in detail: sessions/lectures were conducted.
Initially, the program was attended • Code of Conduct for by Public Prosecutors from Prosecutors, Sindh and Baluchistan. Later, the • Check list for Examining Investigation Officers of Sindh Challan, Police joined the training program. • Draft SOPs for Police and Prosecutors while they handle Hon’ble Director General, SJA a case of juvenile, Mr. Justice Muhammad Ali • Finding laws and case laws by Mazhar welcomed the participants browsing and surfing websites, from Sindh and Baluchistan and • Sharing case laws on important introduced the salient features of issues, the training program • Exercises to record evidence of witnesses, and statement of Mr. Muhammad Shahid Shafiq accused, DSJ/ SFM, SJA conducted pre- • Art of arguments assessment and post-assessment • Closing statement, tests of the participants to collect • Inductive and deductive data. He emphasized on mutual reasoning in developing cooperation. arguments. Annual Report | Year 2020 23
THE ACADEMIC ACTIVITIES OFFICE STAFF TWO-DAY TRAINING PROGRAM FOR EMPLOYEES OF MINISTRY OF LAW & JUSTICE & ITS ALLIED DEPARTMENTS (FROM 28 - 29 FEBRUARY 2020)
This was the second batch of On the first day of the training, Mr. shared a brief introduction & salient training program under an MoU Abdul Rasheed Mehar, Director features of High Court of Sindh’s signed between Sindh Judicial I.T Department, High Court of official website. He unfolded the Academy and the Ministry of Sindh conducted a session on ‘Advance Case Search’ features Law & Justice in which total 57 important features of Case Flow and demonstrated the searching participants attended the sessions. Management System (CFMS). of a case-law using different The said training program was He briefed that the system is filters available on the website. meant to enhance the capacity designed by I.T Department of He also explained the multiple of the employees for resolving SHC and it is in the use of several research-based searching options the matters in more efficient way. institutions, including: High Court for referral Judgments, Orders, It focussed on I.T and Ethics. of Sindh, District & Sessions Statutes, topics through the Courts of Sindh, Islamabad available feature of CASE-LAW. Following experienced trainers High Court, Balochistan High provided best of their knowledge Court, Peshawar High Court, etc. He also informed that general in their respective subjects: public, advocates, litigants and also shared the major organizations are enjoying the said • Mr. Ashok Kumar Dodeja, District & Mr. Mehar achievements accomplished by facilities for several years on daily Sessions Judge and Mediator the I.T department, I.T projects basis free of cost. He also mentioned • Mr. Abdul Rasheed Mehar, Director implemented so far and Projects that other websites/companies I.T Department, High Court of Sindh in progress etc. He also shared are charging heavy amount on • Mr. Arif Khan, Deputy Director I.T the future plans of I.T department account of monthly and yearly Department, High Court of Sindh and provided a brief comparison subscription for the similar services. • Mr. Muhammad Azmat Qazi, of I.T department, High Court of Secretary, Sindh Judicial Academy Sindh with other provinces. He After explaining the features of • Mr. Mohammad Murtaza Khan, shared that they are in the third CFMS, requested I.T Expert/Faculty Member, Sindh Mr. Arif Khan level of automation, that meant, the participants to get themselves Judicial Academy Integration, Artificial Intelligence registered on CFMS to observe Mr. Ashok Kumar D&SJ/Mediator, and development of e-Courts. proper entries of cases (from Delivered a lecture on Morality and Institution till Disposal) in their Ethics. He elaborated on universal Mr. Arif Khan, Deputy Director I.T respective Courts or Tribunals. standards, norms and practices. Department, High Court of Sindh 24 Annual Report | Year 2020
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He also informed that once the • Task Manager Word. The participants also user gets registered with CFMS, • Accessories (Calculator, Snipping learnt spread-sheet application the tutorials in Urdu, English Tool, Paint) features using Microsoft Excel. and Sindhi explain its usage. • Administrative Tools The topics included Entering and • Backup and Restore Editing data, Using functions, Two consecutive sessions • Keyboard and Mouse Options Formatting worksheets, Printing, of introduction to information • Power Options Tables, Conditional Formatting technology were conducted by • Network and Sharing and SmartArt etc. At last they Mr. Mohammad Murtaza Khan were taught about PowerPoint as I.T Expert/Faculty Member, Sindh In the second session, Mr. Khan presentation software for making Judicial Academy. The objective explained about word-processing, powerful slideshows. The topics of the first session was to share spreadsheets and presentations. In covered Creating a Presentation, the basic knowledge of latest this session, the participants were Manipulating Slides, Themes, Operating System (Windows 10) sensitized with the techniques from Text Boxes (Placeholders), and its functions along with the the beginners to intermediate level. Manipulating Slides, Slide Shows, advance techniques of searching For word processing, they were Printing and Proofing, Formatting computer and Internet resources. taught about how to create, revise, Pictures & Images, Hyperlinks etc. A brief knowledge of securing and save documents for printing the data was also discussed. and future retrieval along with Mr. Muhammad Javed, Monitory the concepts required to produce Expert Ministry of Law & Justice, in Following sub-topics were also basic business documents to his short address, appreciated the covered in the first session: customized lists, tables, charts, training sessions conducted by the • Discovering My Computer and graphics using Microsoft faculty members of Academy. He Annual Report | Year 2020 25
said that the teaching methodology in his address shared the current all the participants to play their was superb and beyond his strategies and policies of SJA. due role by showing morality expectation. He shared that he to the people they deal with. learnt a great deal of information He also highlighted the importance from the lectures. He also expressed of the topics communicated during On successful completion of the his gratitude to the Academy’s the training program. He added training program, the Hon’ble policy of involving the stakeholders that our religion emphasizes on Director General SJA awarded and upgrading the standard by the ethics and moral values. Our the certificates to the participants. arranging such programs for the Holy Prophet demonstrated the betterment of judicial system. Akhalaq-e-Hasana throughout Mr. Muhammad Shahid Shafiq his life. He asserted that while DSJ/SFM delivered the vote of Hon’ble Mr. Justice Muhammad performing their duties they thanks to the distinguished guests. Ali Mazhar, acting Director see the pathetic condition and General, Sindh Judicial Academy suffering of the litigants and urged 26 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES OFFICE STAFF
TRAINING FOR STAFF26 MEMBERS OF SINDH HIGH COURT ESTABLISHMENT (FROM 02 - 06 MARCH 2020)
Sindh Judicial Academy, procedures. All the sessions were • Mr. Mujeeb-ur-Rehman besides performing its prime conducted by law professionals Siddiqui, A.R (Budget) objective to impart training to who shared updated knowledge on • Mr. Abdul Asif, Deputy Judicial Officers, aims to design court procedures. Registrar (Inspection) specialized training modules for The learned speakers were: • Mr. Jamaluddin, Sr. Office the members of judicial fraternity. • Mr. Ghulam Mustafa Channa, Associate Additional MIT-II • Mr. Iqbal Hassan Khatti, To raise the standard of knowledge, • Mr. M Shahid Shafiq,D&SJ / Court Associate it was decided that the support Sr. Faculty Member, SJA • Mr. Shaikh Farooq, Court staff of High Court of Sindh should • Naveed Ahmed Soomro, ADJ Associate be provided extensive training • Mr. Abdul Rasheed Mahar, • Mr. Asif Samma, Office on secretarial work, ethics and Director I. T Associate their working relationship with • Mr. Aftab Ahmed Bajwa, their reporting head and fellow Administrative Officer, SJA The participants were sensitized colleagues. • Mr. Altaf Hussain, Secretary with dilating upon various legal Services terminologies along with the topics This training program was • Mr. Kamran Ahmed Hamidi, that may be helpful to enhance their successfully concluded by D.G (F&A) capacity. They were also provided enhancing their level of • Mr. Hatim Aziz Solangi, with the practical knowledge of understanding on court room Additional Registrar (OS) Preparation of: Roster sitting, Daily Annual Report | Year 2020 27
Board Cases, Judicial Case Files, was held on the final day of training accomplish their job with perfection Office Files, Decree in perspective program. Hon’ble Chief Justice, because properly prepared files of relevant Rules, SNE & Budget; High Court of Sindh was the Guest provide more ease to the Hon’ble etc. They were also shared with of Honor of the ceremony. Judges and eventually the litigants Case Law searching through would not face hardships. He also search engines; i.e. law websites Hon’ble Mr. Justice Muhammad thanked the respectable instructors etc. Ali Mazhar (Acting Director for sharing their experiences with General SJA), welcomed the the trainees. In order to improve overall working Hon’ble guest and the participants environment and standard, of the ceremony. He shared that Hon’ble Mr. Justice Ahmed Ali M Etiquettes, Mannerism, General he was deeply concerned with Shaikh (Chief Justice High Court Administration, Discipline and the implications caused by the of Sindh) in his short address said Presentation Skills were also inadequate and insufficient official that he was pleased to see the taught. correspondence and other judicial court staff of High Court of Sindh work by the support staff. It receiving training at the Academy. The participants were taught caused a need to design such a He said that whenever he talks important topics in order to program. about the High Court staff, it improve the understanding of their includes all the support staff. He job description, including: Public He advised the trainees to praised the trainees as being silent Procurement Management, share the knowledge with their servicemen. Roles & Responsibilities of Court colleagues which they have Associate, Effective Handling of received during the training Later, the Hon’ble Chief Justice Pension Cases (Pension, GP program. awarded certificates to the Fund & Insurance with Formats), participants. Duties & Responsibilities of The Hon’ble Director General Protocol Officer etc. encouraged the participants to Certificates distribution ceremony 28 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES
ADVOCACY TRAINING PROGRAM28 FOR THE MEMBERS OF TALUKA BAR ASSOCIATION (MORO) (FROM 09 - 11 MARCH 2020)
The Advocates are termed as the • Mr. Abdul Razzaq, The resource persons delivered most essential pillars of justice DSJ/ MIT-II, High Court of Sindh lectures on the following topics: system. In continuation of the initiative of the Hon'ble Chief Justice • Mr. Haseeb Jamali, General Secy • Law of Bail of Sindh High Court and Hon'ble High Court Bar Association, Karachi • Access to Justice Through Legal Aid Director General SJA, another • Illegal Dispossession from Immovable Advocacy Training Program (Batch-III) • Mr. Muhammad Shahid Shafiq, DSJ/ Property (Legal Remedies) (for the Members of Taluka Bar Moro) SFM, SJA was arranged at Sindh Judicial • Civil Trial and Its Different Stages in Academy from 09 – 11 March 2020. • Mr. Ashok Kumar, Civil Procedure Code DSJ/ Mediator , SJA • The Role of Advocate as An Officer of Following Honorable dignitaries The Court conducted the three-day sessions: • Dr. Chuadhry Waseem Iqbal, DSJ/ Official Assignee • Family Law and Its Enforcement • Hon’ble Mr. Justice (R) Nadeem • Introduction to Land Revenue Law Azhar Siddiqui, Karachi • Mr. Rashid Mustafa Solangi, • Admissibility of Evidence in Criminal Judge, ATC Court No. XVI, Karachi Trial • Hon’ble Mr. Justice Hassan Feroze, • Medical Jurisprudence Former Judge, High Court of Sindh • Mr. Zeeshan Manzoor Shaikh, SCJ / Secretary Inspection Team • Diversion from Jails (A Reformative • Hon’ble Mr. Justice M. Ali Mazhar, Approach) Judge SHC, Acting DG, SJA • Mr. Nazar Muhammad Laghari, • Relief Through Injunctions and Consultant Declaratory Suits • Hon’ble Mr. Justice Agha Faisal, • Dr. Summaya Syed Tariq • Writ as an Efficacious Remedy Judge High Court of Sindh (WMLO), Karachi • Services Laws in Pakistan • Mr. Ghulam Rasool Samoon, • Mr. Akmal Waseem, • The Constitution of Pakistan and DSJ/ Registrar, High Court of Sindh Advocate, SCP Fundamental Rights Annual Report | Year 2020 29
The training program was formally Mr. Haseeb Jamali, General started with the recitation of Holy Secretary, High Court Bar Quran. Association, Karachi delivered a lecture on the Role of advocate as Hon’ble Director General, an officer of the court. welcomed the participants and introduced the salient features On the second day of the training of the training program. Describing Mr. Zeeshan Manzoor Shaikh, the mode of instructions, he said Mr. Nazar Muhammad Laghari, that it would be a skill-based Mr. Rashid Mustafa Solangi, training instead of merely surfing Hon’ble Mr. Justice Hassan through the books. He shared that Feroze and Dr. Summaya Syed the experts of the subjects should Tariq delivered lectures on deliver their experiences and family law and its enforcement, learned knowledge. introduction to land revenue law, Mr. Ghulam Rasool Samoon, distinctive features of the trial under Registrar, High Court of Sindh anti-terrorism act, admissibility delivered a presentation on Law of of evidence in criminal trial and Bail. medical jurisprudence respectively.
Mr. Muhammad Shahid Shafiq, Mr. Abdul Razzaq, Mr. Akmal DSJ/SFM SJA, delivered a Waseem, Hon’ble Mr. Justice presentation on Access to Justice Nadeem Azhar Siddiqui, Hon’ble Through Legal Aid. He elaborated Mr. Justice M. Ali Mazhar and the relevant rules of the topic and Hon’ble Mr. Justice Agha explained who can apply for legal delivered the lectures on aid? He also defined the procedure Faisal of appointment of advocate & Diversion from Jails (A Reformative release of funds. Approach), Relief Through Injunctions and Declaratory Suits, Mr. Ashok Kumar, DSJ/Mediator, Writ as An Efficacious Remedy, SJA delivered a lecture on Illegal Services Laws in Pakistan and dispossession from immovable The Constitution of Pakistan and property (legal remedies). He Fundamental Rights respectively. also elaborated the relevant laws of the topic and Civil & Criminal On successful completion, jurisdiction. Finally, he shared the Certificates distribution ceremony superior court decisions to conclude was held on the final day of training the topic. program. Dr. Chuadhry Waseem Iqbal, Hon’ble Mr. Justice Ahmed Ali M DSJ / Official Assignee delivered Shaikh (Chief Justice High Court of a presentation on civil trial and its Sindh) was the Guest of Honor of different stages in civil procedure the ceremony. code. 30 Annual Report | Year 2020
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Hon’ble Mr. Justice Muhammad process goes underway, it brings The President and General Ali Mazhar, Judge High Court of results. He said that though the Secretary of Taluka Bar Sindh, Acting Director General, Judges decide the cases but the Association, Moro presented Sindh Judicial Academy in his Advocates can make difference with the traditional gift of Lungi & concluding remarks on the respect to the case proceedings Ajrak to the Hon’ble Chief certificate distribution ceremony, and exploring the truth out of a case. Justice High Court of Sindh and said “We all have only one objective, Hon’ble Director General, SJA. that is, to deliver the timely justice Later, Hon’ble Chief Justice, High with utmost satisfaction of litigants”. Court of Sindh and the Hon’ble The training program was Director General SJA awarded concluded with a customary group He also emphasized on continuous the certificates to the participants. photograph of participants with learning. He further stressed that the Hon'ble guests. their every step should be solution Mr. M Shahid Shafiq, DSJ/SFM oriented; whenever a thought delivered the vote of thanks. Annual Report | Year 2020 31
THE ACADEMIC ACTIVITIES ADVOCATES
ADVOCACY TRAINING PROGRAM FOR THE MEMBERS OF DISTRICT BAR ASSOCIATION (HYDERABAD) (FROM 12 - 14 MARCH 2020)
In the fourth batch, nominated • Dr. Chuadhry Waseem Iqbal, D&SJ/ Declaratory Suits lawyers from Hyderabad Bar Official Assignee • Constitution of Pakistan And Association took part in the training • Mr. Rashid Mustafa Solangi, Judge, Fundamentals Rights program. It was expected that Anti-Terrorism Court No. XVI, Karachi • Writ as an Efficacious Remedy all the participants must acquire • Mr. Zeeshan Manzoor Shaikh, Senior • Services Laws in Pakistan updated knowledge on Advocacy Civil Judge / Secretary Inspection from the best learned minds of Team The program was opened by the the Judiciary. A comprehensive • Mr. Nazar Muhammad Laghari, recitation of Holy verses of Quran. training schedule was designed Consultant Later, Mr. Shahid Shafiq, D&SJ/ for the whole program. Following • Dr. Sumaya Syed Tariq (WMLO), SFM and Mr. Ashok Kumar, Hon’ble Judges of High Court of Karachi D&SJ / Court Annexed Mediator, Sindh and distinguished speakers • Mr. Akmal Waseem, Advocate SJA welcomed the participants. of the subject conducted the He greeted the participants sessions of the training program: The distinguished speakers and elaborated the features of the training program. He also • Hon’ble Mr. Justice Nadeem Azhar enriched the participants on the suggested all the participants to Siddiqui, Former Judge, High Court following topics: receive maximum benefits out of of Sindh the knowledge of the experienced • Hon’ble Mr. Justice Hassan Feroze, • Law of Bail pillars of judicial fraternity and Former Judge, High Court of Sindh • Introduction to Land Revenue Law attend each session with complete • Hon’ble Mr. Justice M. Ali Mazhar, • Illegal Dispossession from Immovable dedication and commitment. Judge High Court of Sindh, Acting Property (Legal Remedies) Director General, SJA • Family Law and Its Enforcement also delivered a • Hon’ble Mr. Justice Agha Faisal, • The Role of Advocate as An Officer of Mr. Kumar lecture on Illegal Dispossession Judge High Court of Sindh, Karachi The Court from Immovable Property (Legal • Mr. Ghulam Rasool Samoon, • Access to Justice Through Legal Aid Remedies) in the third session. Registrar, High Court of Sindh, Karachi • Civil Trial and Its Different Stages in • Mr. Haseeb Jamali, General Civil Procedure Code In the first session, Secretary, High Court Bar Association, • Distinctive Features of The Trial Under Mr. Ghulam , Registrar, Karachi Anti-Terrorism Act. Rasool Samoon SHC delivered a presentation • Mr. Muhammad Shahid Shafiq, • Admissibility of Evidence in Criminal on Law of Bail. He shared the D&SJ/SFM, SJA Trial concept of Bail and explained • Mr. Ashok Kumar, D&SJ/Court • Medical Jurisprudence its type including Statutory Bail, Annexed Mediator, SJA • Relief Through Injunctions and 32 Annual Report | Year 2020
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Anticipatory Bail, Protective Bail, of The Trial Under Anti-Terrorism the court procedures with regards Transitory Bail, Bail after arrest etc. Act, Admissibility of Evidence to the cases registered under the in Criminal Trial and Medical Building Control Ordinance-1979. Mr. Nazar Muhammad Laghari Jurisprudence, respectively. delivered a lecture on Introduction Addressing on the certificate to Land Revenue Law. In the On final day of training program, distribution ceremony, Hon’ble Mr. sessions, topics on ‘Family Law the participants were sensitized Justice Muhammad Ali Mazhar, and Its Enforcement’ and ‘The with Relief through Injunctions and Director General Sindh Judicial Role of Advocate as an Officer of Declaratory Suits, Constitution Academy shared the objective the Court’ were discussed by Mr. of Pakistan and Fundamental of the training program. He said Zeeshan Manzoor Shaikh and Rights, Writ as an Efficacious that Advocates should be aware Mr. Haseeb Jamali respectively. Remedy and Services Laws in of all processes involved in case Pakistan: Mr. Akmal Waseem, proceedings including preparation On the second day of the training, Hon’ble Mr. Justice Agha Faisal, of the file because of the shortage first session was conducted by Mr. Hon’ble Mr. Justice (R) Nadeem of time, a Judge cannot go through Muhammad Shahid Shafiq who Azhar Siddiqui and Hon’ble Mr. in minuscule details. He also delivered a presentation on Access Justice M. Ali Mazhar delivered encouraged the participants to to Justice through Legal Aid. He the lectures, respectively. follow rules and regulations as some elaborated the relevant rules of of them would be the next judge. the topic and explained who can Hon’ble Mr. Justice Syed Hassan apply for legal aid? He also defined Azhar Rizvi delivered a lecture Hon’ble Mr. Justice Ahmed Ali the procedure of appointment on Laws Relating to Municipal M Shaikh, Chief Justice High of advocate & release of funds. Corporation and Sindh Building Court of Sindh in his short address Control Authority. He shared the appreciated the efforts of Mr. In the successive session, background of Karachi Municipal Justice Muhammad Ali Mazhar Dr. Chuadhry Waseem Iqbal Act-1933. He also discussed for conducting successful training delivered a presentation on different provisions of the Act. sessions in successive time. He civil trial and its different stages congratulated the Honorable in Civil Procedure Code. The second part of the lecture Director General for all of his hard discussed the provisions of work. In the other sessions, Mr. Rashid Sindh Building Control Authority Mustafa Solangi, Hon’ble Mr. Ordinance-1979, relevant to the Afterwards, the certificates were Justice Hassan Feroze and Dr. participants. Different case laws awarded to the participants followed Sumaya Syed Tariq delivered were also discussed, and the by group photograph. lectures on Distinctive Features participants were enlightened with Annual Report | Year 2020 33
THE ACADEMIC ACTIVITIES JUDGES, ADVOCATES & OTHERS E-LEARNING MODULE UNDER E-CAPRI FOR JUDGES, ADVOCATE & OTHERS (DURING MONTHS OF JUNE - JULY 2020)
The emergence of sophisticated temporarily close educational through the system. communication technologies and institutions. However, Sindh Judicial mobile devices has enabled a Academy took this challenge as Twenty-five Advocates and six new generation of information for an opportunity and continued to other participants also conducted consumers to satisfy their demands play its role for providing quality the training sessions in the month and gain knowledge without education among the stakeholders of June using e-CAPRI. the need of physical presence of judicial fraternity using e-LMS. at particular location. Software In the month of July 2020, 25 vendors, open-source developers, Presently, the Academy has two Judges, 28 Advocates and 6 other and educational institutions, e-LMS installed to reach out the participants were provided training cognizant of this development, staff and officers of the districts sessions on different modules using have embraced systems that to access training remotely. The the eCAPRI learning management can facilitate the management electronic Counter-Terrorism system. of courses and engagement Associated Prosecutorial Reform with students remotely. The Initiative (e-CAPRI) System was Several customized modules technologies which facilitate the installed in collaboration with and sub-modules have also provision of courses over long British High Commission whereas been added to LMS according to distances are broadly termed another LMS is installed at newly the needs. These modules are “learning management systems” or constructed building of Academy in furnished with Videos, Resources “e-LMS.” collaboration with UNODC. (PDF documents and YouTube Videos) and Pre/Post assessment Learning management systems The session for first batch was Tests etc. can be defined as web-based conducted in software platforms that provide the lockdown an interactive online learning situation in environment and automate the June 2020 administration, organization, and 25 Judges delivery, and reporting of were trained educational content and learning using e-CAPRI outcomes. system. After the completion In order to reduce the spread of training, auto- of COVID-19 pandemic, many generated online countries around the world certificates including Pakistan decided to were distributed 34 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES JUDGES ONLINE CONSULTATIVE MEETING WITH ATC JUDGES OF SINDH 34 FOR TAILORING SOUTH ASIA REGIONAL TOOLKIT (ON 23 JUNE 2020)
On 23 June 2020, Sindh Judicial Cooperation (SAARC) countries, such tool is “The South Asia Academy (SJA), on the directions including Pakistan as Honourable Regional Toolkit”, which shall and guidance of Hon’ble Mr. former Chief Justice of Pakistan further be customized for Judges Justice Muhammad Ali Mazhar, Mr. Asif Saeed Khosa, along in Pakistan, to serve as a reference Judge High Court of Sindh & with eight additional judges guide tailored towards meeting the Acting Director General of Sindh attended series of meetings needs of Judges in the country. Judicial Academy, organized and extended their support to a virtual expert group meeting this important regional initiative. Mr. Asif Paracha, the Member (EGM) for Anti-terrorism Courts NACTA, expressed appreciation (ATC) Judges from Sindh. Sindh Judicial Academy for the technical assistance This online consultative meeting welcomed the participants and being delivered by SJA and UNODC was organized in collaboration with thereafter highlighted upon the under the framework of PACT the United Nations Office on Drugs need & importance of customizing and acknowledged the financial and Crime (UNODC), Country Office this toolkit which will support support of the European Union. Pakistan and National Counter moving towards a harmonized Terrorism Authority (NACTA). approach during the adjudication Ms. Anne Marchal, the EU of terrorism cases at national level. Charge’ de Affaires, stressed Mr. Jeremy Milsom, UNODC upon the important role which Country Representative, apprised judiciary plays in the criminal the learned participants about Mr. Masood Karimipour, Chief justice system especially in the background of this initiative, of Terrorism Prevention Branch, terrorism cases for upholding development of this toolkit and its UNODC appreciated the efforts of rule of law and human rights. salient parameters. UNODC (country office, Pakistan), SJA, NACTA and other stake The initial online consultative The regional toolkit was holders. He observed that the meeting was attended by Faculty developed with the active support cooperation and collboration of Members of SJA, related experts and engagement of many various departments with UNODC from UNODC, NACTA as well as senior judges from all South is producing results through over 25 ATC Judges from Sindh, Asian Association for Regional targeted training and tools. One 02 United States District Court Annual Report | Year 2020 35
Online Meeting Viewer Judges along with a Magistrate with participants on judicial forensic, electronic and financial from Australia who participated as management of the Proceedings along with their admissibility in subject-matter experts. They shared and alluded on the importance parallel to the witness testimonies. their experience and knowledge of physical evidence including 36 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES JUDGES ONLINE TRAINING PROGRAM ON “CONSUMER LAWS” 36 FOR THE CONSUMER COURT JUDGES (ON 27 JUNE 2020)
A One-day training program was the recitation of the Holy Quran. of Lahore shared insights about the conducted by Sindh Judicial Mr. M. Shahid Shafiq, D&SJ/ consumer protection laws. He gave Academy (SJA) on Consumer Senior Faculty Member, SJA a detailed analysis of the consumer Protection Laws on June 27, 2020. thanked the participants and laws in Pakistan and the important This training was initially planned invited the Honorable Mr. Justice clauses. He also gave references for March 21, 2020 at Karachi, Mohammad Ali Mazhar, Judge of relevant judgments that were however, due to the lockdown High Court of Sindh, Acting Director reported and can still be applied situation (COVID-19), the training General, Sindh Judicial Academy by the participants while their was postponed. Keeping in view the for opening remarks. Mr. Justice M. dealing cases in their respective safety of the participants, judges A. Mazhar explained that due to the districts. He gave a detailed and trainers and the importance importance of this training, efforts overview about the jurisdiction of the training, efforts were made were made for the online option of consumer protection courts. to use Information Technology to instead of waiting for the situation impart knowledge. The participants to normalize. He underscored the Mr. Munir Ahmad, Head of joined the meeting from their duty importance of consumer protection Programs at Consumer Rights stations, using MS Teams Software. courts for giving relief to the Commission of Pakistan, SJA worked diligently to ensure consumers and assured that he Islamabad spoke about the that the participants are well versed will continue to provide guidance consumer protection debate in to use this software and provided and support for this noble cause. many countries of the world and the technical support prior to the event. development of UN Guidelines in Mr. Justice Mehmood Maqbool 1985 which were revised in 2015. The 5-hour training started with Bajwa, Former Judge High Court He gave an overview of the current Annual Report | Year 2020 37
situation in Pakistan with reference interpretation and application in appreciated the efforts and vision to Consumer Laws and Consumer Sindh Consumer Protection Courts. of SJA in using IT to impart such Courts. He stressed that there training. This was very efficient is a need for closer coordination In order to make it a unique learning as it saved the travel time, and between the State, Market and experience and enhance the skill they got useful information while Consumers. Government needs set of the participants, several being at their duty stations. to increase the awareness about exercises were done which were In this regard, all panel the consumer protection laws in provided in the resource material members highly appreciated the Sindh to empower the consumers. (Training Manual). These exercises role of Honorable Mr. Justice He also said that E-Commerce were based on actual cases from Mohammad Ali Mazhar, DG SJA. Policy of 2019 can be successful, different sectors and different if there is a robust grievance countries so that the participants Mr. Shahid Shafiq DSJ/SFM redressal mechanism and the are well prepared to handle a thanked the Honorable Mr. law is updated to specifically incorporate E-Commerce in Consumer Protection Laws. He said, that with some support, CRCP can provide technical assistance for legal Gap Analysis.
Mr. Habib Ullah Amir, Director General Punjab Judicial Academy discussed about the case law and the experience of Consumer Courts of the Punjab. He gave several examples from different sectors and how those can be applied by the participants in Sindh. He also spoke about the procedures of complaint handling, award of damages and compensation.
The participants discussed about the health sector, federal broad set of consumer cases. Justice Mohammad Ali Mazhar government departments such as for his leadership and support electricity, Gas and interpretation of Mr. Muhammad Shahid Shafiq, for the cause of consumers. He the judgments given the by Supreme D&SJ/SFM, SJA and Mr. Javed also thanked the speakers for Court, Islamabad High Court Ahmed Keerio, D&SJ discussed their support and time, and the and Lahore High Court, Lahore. the exercise, asked views from participants for their enthusiasm trainee judges and thereafter and active participation in the The participants shared their gave them feedback and training. He also thanked CRCP, experiences and challenges correct solution of the exercise. Islamabad for cooperation & in some cases and the panel providing technical assistance in members responded in detail The participants thanked SJA for organizing the event. about those issues and quoted organizing this event, which was specific cases that have room for highly beneficial for them and 38 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES ONLINE ADVOCACY TRAINING PROGRAM 38 Session - I July 04, 2020 (Law of Evidence) Session - II : July 21, 2020 (Recording Evidence Through Commission) Session - III : July 22, 2020 (Process of Examining a Witness) Session - IV : July 23, 2020 (Bail in Non-Bailable Cases) Session - V : July 29, 2020 (Summary Procedure Order XXXVII CPC)
Continuous Legal Education Director General, SJA Mr. Justice Proceedings of the is an important component to Muhammad Ali Mazhar, who session on 21-July-2020 improve efficiency of justice sector appreciated the interest & efforts stakeholders. The Sindh Judicial of the Bar in current pandemic Mr. Muhammad Shahid Shafiq, Academy under the leadership situation and directed to arrange D&SJ/SFM, SJA conducted the and kind guidance of Mr. Justice online sessions for the members of online session on the procedure Muhammad Ali Mazhar, Acting the Bar. Accordingly, various online of ‘Recording of Evidence through Director General designed a sessions were conducted during Commission’. number of training programs during the month of July 2020. 2020, however, could not continue • In this session, relevant because of COVID-19 situation Proceedings of the provisions of law i.e. Sections 75 in the country. Subsequently, a session on 04-July-2020 & 76 and Order XXVI Rules 1, 2 & decision was taken to conduct 3, of the Code of Civil Procedure, online training sessions for Judges, Mr. Muhammad Shahid Shafiq, 1908 were discussed in detail. Prosecutors, Investigators and District & Sessions Judge/ Members of the Bar. Senior Faculty Member, Sindh • It was shared that if a Judicial Academy conducted witness, on account of his illness is In the mean time, Mr. Munir the online sessions on Law of unable to attend a Court of law, his Ahmed Malik, President, Karachi Evidence (Qanoon-e-Shahadat evidence may be recorded by way Bar Association and Mr. Waseem Order,1984). During the session, of appointing a Commissioner. Saif Khoso, Chairman, Legal he discussed in detail various Education Committee requested for important sections & provisions of • It was informed that the conducting online sessions for the Law and answered to the queries Court either on the application members of the Bar. Accordingly, of participants. of the advocate or on its own it was placed before Hon’ble motion may order for recording ONLINE SESSION VIA ZOOM Annual Report | Year 2020 39
evidence through Commission. Saif Khoso, Chairman Legal advocate should not ask the Education Committee, Karachi question(s) which have answer(s) • An advocate is appointed Bar Association addressed to the in it. as commissioner and on his participants. About 25 advocates appointment, he is paid fee. attended this Webinar and 1000 • He further explained that views were noticed on Facebook during cross-examination attempt • The trainees were also as it was also available live on it. is to be made to put leading guided how the applications questions otherwise new facts supporting affidavit and • Mr. Muhammad Shahid may come on record which may be counter affidavit are drafted. Shafiq, D&SJ/SFM, SJA spoke used against his own client. about the procedure, which is • During the lecture, followed in the court of law for • He further explained that specimen of draft application, recording statement of a witness, during examination-in-chief, the affidavit and counter affidavit were in particular, examination-in-chief. witness should disclose the facts shared so that they may have which are from the pleadings, some idea how these are prepared • He shared relevant whereas, in criminal cases, provisions of law i.e. Articles 130 the questions should be as per • The objective of the to 143 of Qanun-e-Shahadat, statement of a witness recorded session was to make them 1984. He explained nature of during course of investigation understand the procedure of filing questions, which are to be put to under Section 161 Cr.P.C. and application and subsequently a witness during examination- the memos prepared before role of the Commission while in-chief and cross-examination. submission of challan. acting as Commissioner for recording evidence. • He discussed Articles 136 • Lastly Participants & 137 and explained ‘leading asked questions and speakers Overall, 30 Advocates participated questions format’ when these responded. actively through ‘ZOOM’ online questions are to be put or should facility. This session was also be avoided. He shared that Proceedings of the session on accessible on facebook as well leading questions can not be put 23-July-2020 which was viewed by 600 persons. to a witness during examination- in-chief. Mr. Javed Ahmed Keerio, District Proceedings of the session on & Sessions Judge conducted 22-July-2020 • He also shared contents of an online training session on a plaint and the questions which “Bail in Non-Bailable Cases”. • This training session was were articulated from text of the arranged on the topic/procedure plaint. Mr. Muhammad Shahid Shafiq, of “Examination of a Witness”. D&SJ/SFM and Mr. Waseem Saif • He explained that during Khoso, Chairman Legal Education • During this session, Mr. examination-in-chief questions Committee, KBA also attended the Muhammad Shahid Shafiq, should start from “W” and the session. Earlier, Mr. Shafiq gave D&SJ/SFM, SJA and Mr. Waseem 40 Annual Report | Year 2020
• It was also the strength/weaknesses of case, shared that the keep in mind the prosecution Bail application case and its weaknesses, support must be your arguments with case-laws disposed of preferably of supreme court and 40 within the relevant high court, try to explain framework of legal or factual flaws with sound S. 497, Cr.P.C. reasoning, do not fire in the air, etc. reckoning with the judicial Finally, Mr. Keerio discussed the propriety and latest case laws relevant to the requirement of topic and a few of them are: an introduction of Mr. Keerio and justice, without shared that he is a professionally giving legal force to extraneous 1. Mukaram Vs. State (2020 SCMR 956) trained trainer. considerations. 2. Babr Hussain Vs. State (2020 SCMR The session was designed to • Admitting or allowing bail 871) give the latest knowledge on: and taking, accepting, or approving 3. Mukaram Vs. State (2020 SCMR 956) bail were also discussed in brief. 4. Muhammad Faisal Vs. State (2020 1. How to draft bail application in SCMR 971) all kind of bails • The details about ‘Right of bail’ and ‘Law applicable to bail 5. Bilal Khan Vs. State (2020 SCMR 2. How to argue before a court of matters’ were also given in the 937) session. law 6. Babar Hussain Vs. State (2020 SCMR
3. Latest relevant law of bail • Unfolding the interpretation 871) of law, it was shared that it should 7. Shabaran Khan Vs. State (2020 be done in such a way as to foster • He explained the concept of SCMR 974) bail, history of law. He shared that the justice and bring innocent persons out from the bars of jail the law is not static but flexible with Proceedings of the session on proceedings towards a freeway. the exigencies of time. 29-July-2020
• Discussing ‘How to prepare • It was shared that the Mr. Muhammad Shahid Shafiq, arguments for bail application?’, freedom of an individual is his D&SJ/SFM, SJA conducted the Mr. Keerio urged the trainees precious right and it should not be online sessions on “Summary snatched. to practice the argument, take notes of all the necessary facts, Procedure on Order XXXVII CPC” During the session, he discussed • It was informed that the must know the case, be very in detail various important sections grant of bail is an essential part energetic, grab the attention of of the system of administration of judge, have a copy of all the & provisions of Law and answered justice to avoid punishing someone relevant documents, make points to the queries of participants. in advance. for the arguments in sequence, use simple language, should know Annual Report | Year 2020 41
THE ACADEMIC ACTIVITIES OFFICE STAFF TRAINING FOR STAFF MEMBERS OF SINDH JUDICIAL ACADEMY (FROM 01 - 12 SEPTEMBER 2020)
The primary objective of this training The participants took keen with the concepts required to was to enhance the capacity interest in every session and produce basic business documents of secretarial staff of Academy. took part in discussion on the to customized lists, tables, charts, topics which were taught to them. and graphics. The course was The training program of office also designed for the participants English was to introduce the basic The training on Introduction to to learn spread-sheet application concepts of drafting secretarial Information Technology was features including calculation, text and usage of grammar. designed to provide the secretarial graphing tools, pivot tables, etc. The topics included the introduction staff the basic knowledge of of secretarial English, usage latest operating systems and The course contents also included of tenses, narration, passive their functionalities along with the PowerPoint as presentation software voice and the model structure advance techniques of searching for making powerful slideshows. of various forms of secretarial Internet. It was kept in mind that The staff was of the opinion communication tools like Memo, the said staff should learn to create, to continue such capacity Notices, Letters and replies etc. revise, and save documents for building training programs printing and future retrieval along specially for the secretarial staff. 42 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES ONLINE ADVOCACY TRAINING PROGRAM FOR THE MEMBERS OF SHC BAR,42 BHC BAR, DBA HYDERABAD, JACOBABAD, MALIR, KASHMORE, KANDHKOT, GHOTKI, SANGHAR, MATIARI BATCH - I : FROM 04 - 05 SEPTEMBER 2020 BATCH - II : FROM 08 - 09 SEPTEMBER 2020 BATCH - III : ON 29 SEPTEMBER 2020 BATCH - IV : ON 24 OCTOBER 2020 BATCH - V : ON 29 OCTOBER 2020 BATCH - VI : ON 04 NOVEMBER 2020
The top professionals are always Sindh Judicial Academy, under the The coordinator of this training learning because the world is always wise leadership of Hon’ble Mr. program was Mr. Waseem Saif changing. As the pace of change Justice Muhammad Ali Mazhar, Khoso, Chairman Legal Education increases, their pace of learning Judge High Court of Sindh and Committe, Karachi Bar Association increases to keep up. They know acting Director General took an and in liaison with Mr. Zia-ul-Haq that if they don’t keep up with the initiative to conduct series of Makhdoom, President, Sindh High latest technology, techniques, and online training programs for all Court Bar Association, Mr. Munir research, they will be left behind as stakeholders of our judicial system. Malik, President, Karachi Bar the world moves on without them. Association, Mr. Fayaz Ahmed BATCH-01 Samoor, President, DBA Malir, Mr. It was commonly observed that if the A two-day online training program for Mian Taj Mohammad Keerio, lawyers want to make an impact in Bar Associations on Trial in Family President, DBA Hyderabad, Mr. this fast-changing world, they must Courts was conducted in the month Abdul Ghani Bijarani, President, embrace this principle of continuous of September 2020. The first batch DBA Kashmore & Kandhkot and Mr. learning for the sake of their clients, was held on September 04 – 05, Liaqat Ali Malano, General the courts and the justice system. 2020 for 35 Members of Sindh High Secretary, DBA Ghotki. Court Bar, Balochistan High Court Whenever a sudden change occurs, Bar, Karachi Bar, DBA Hyderabad & Mr. Muhammad Shahid Shafiq, such as a global pandemic, it can DBA Jacobabad. D&SJ/SFM, SJA delivered be hard to adjust because it is presentation on the subject. nobody choice or preference! The He covered the sub-topics change happened in moments and which included: Jurisdiction had a profound effect on our lives, of Court, Drafting Plaint, shifting our realities completely Pre-Trial Proceedings, and without much time to prepare. Preliminary Decree, Recording Evidence, There is, as always, a silver lining: Application for interim eLearning is an agile, dynamic, and Maintenance, Application effective way to learn, grow, and for interim Custody train especially in the situation like and Art of Arguments. COVID-19 and in the future too. Annual Report | Year 2020 43
BATCH-02 held on September 29, 2020 for 50 Abdul Ghani Bijarani, President, A similar activity of Two-day Advocates. Members of Sindh High DBA Kashmore & Kandhkot online training program for Bar Court Bar, Karachi Bar, District Bar and Mr. Liaqat Ali Malano, Associations on Trial in Family Malir, Kashmore, Kandhkot, Ghotki General Secretary, DBA Ghotki. Courts was conducted on and Hyderabad attended this September 08 – 09, 2020 for activity. Mr. Muhammad Haseeb Members of Sindh High Court Jamali, General Secretary, High Bar Association, Karachi Bar The coordinator of this training Court Bar Association, Karachi Association, DBA Malir, DBA program was Mr. Waseem Saif enlightened the participants with Kashmore & Kandhkot, DBA Khoso, Chairman Legal Education the “Banking Laws in Pakistan”. Ghotki and DBA Hyderabad. Committe, Karachi Bar Association and in liaison with Mr. Zia-ul-Haq Mr. Muhammad Shahid Shafiq, Mr. Muhammad Shahid Makhdoom, President, Sindh High DSJ/SFM, SJA associated the Shafiq conducted the training Court Bar Association, Mr. Munir session with the guest speaker. activity of 35 Members of Bars. Malik, President, Karachi Bar They elaborated the evolution Association, Mr. Fayaz Ahmed of banking and introduction of Batch-03 Samoor, President, DBA Malir, modern banking including Islamic One-day online Advocacy Training Mr. Mian Taj Mohammad Keerio, Banking. They also shared Program on Banking Laws was President, DBA Hyderabad, Mr. the knowledge on State Bank 44 Annual Report | Year 2020
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of Pakistan Act 1956, Financial Batch-04 Batch-06 Institution Ordinance 2001, Banking One-day online Advocacy Training Also, on November 04, 2020 Companies Ordinance 1962, Program for the Members of High similar online training session was Modarba Companies and Modarba Court Bar and DBA Hyderabad conducted for 30 young Lawyers/ (Floating and Control) Ordinance was held on October 24, 2020. Members of DBA Matiari. 1980 and Islamic Banking etc. The participants highly appreciated this Mr. Javed Ahmed Keerio, DSJ effort and requested to continue and Mr. M Shahid Shafiq, DSJ/ such capacity building training SFM, SJA jointly conducted programs. the session. They shared the knowledge on Introduction to the Code of Civil Procedure (CPC) 1908, Advocate as Mediator under the scheme of CPC 1908 and Art of Cross-Examination. 25 Advocates including 05 females participated in this online training activity.
Batch-05 Learned speakers Mr. M Shahid Similar one-day online Advocacy Shafiq, D&SJ/SFM, SJA and Mr. Training Program was arranged for Javed Ahmed Keerio, D&SJ 90 Advocates/Members of the DBA conducted these training sessions. Sanghar on October 29, 2020. Annual Report | Year 2020 45
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS ONE-WEEK SKILL-BASED TRAINING PROGRAM FOR PROSECUTORS & INVESTIGATORS BATCH - I : FROM 21 - 26 SEPTEMBER 2020 BATCH - II: FROM 16 - 21 NOVEMBER 2020
Two batches of One-Week Skill- Independence of Judiciary held in Based Training Program for 2019. He also explained the working Prosecutors & Investigators were of prosecutors and investigation held at Sindh Judicial Academy. officers under the guidelines given In Batch-01, total number of in the constitution of Pakistan. participants was 23, whereas, in Batch-02, number of participants Mr. Muhammad Shahid Shafiq, was 30. D&SJ/SFM, SJA also conducted several other skill-based sessions in Mr. Muhammad Shahid Shafiq, which he engaged the participants D&SJ/SFM, SJA and Mr. Aftab in some exercises for the better Ahmed Bajwa, Administrative understanding of the topic. These Officer, SJA conducted the topics included: inauguration sessions including registration and attendance of • Role of Prosecutor during participants, recitation, a brief on Investigation Code of Conduct & SOPs and • How to scrutinize challan and introduction of the training program. making submission note Practical Session (two sessions) Syed Waqas Shah & Mr. Aftab • Apex Court decisions on grant Shuaib (UNODC) also jointly of pre and post arrest bail (An conducted the session for pre- Exercise) assessment of the trainees and • How to Argue Post Arrest Bail? shared the objectives of the training. (Practice Session) • Anti-Money Laundering & Counter Thereafter, training sessions were Terrorism Financing conducted by Mr. Muhammad Shahid Shafiq, D&SJ/SFM, SJA On Day-2, second sessions were on Role of Prosecutor during trial. jointly conducted by Syed Waqas He defined the prosecution in the Shah & Mr. Aftab Shuaib on Team light of United Nations Program on Building and Conflict Resolution 46 Annual Report | Year 2020
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followed by a session on Nature of In the final sessions, the trainees Cyber Crime and its Prosecution were taken to a visit of Forensic Lab by Syed Israr Ali, Former Director at Police Head Quarters, Garden, Law, FIA. Karachi. The were also taken for a visit to Forensic Lab, at University On Day-3, the first two sessions of Karachi on the fourth day of the were conducted by Additional training. Prosecutor, Peshawar on sharing , good practices followed in leading Mr. Khalid Hussain Shahani D&SJ, Karachi East, delivered cases. He shared the similarities a lecture on ‘Use of electronic of the criminal justice system of devices during investigation’ on the Pakistan, UK and United State of fifth day of the training. He shared America. The summary of Malala the legal aspects of this specific Yousufzai case was discussed investigation. including the incident, mechanism and charge and explained the On Day-5, Ch. Muhammad Polygraphy Test. A discussion was Jahangir, Director, CPD Punjab made on Mashal Khan Case with and Mr. Abu Bakar Nauman, its background. Deputy Prosecutor, Government of Punjab, Lahore jointly conducted On Day-4, Mr. Justice Hassan two consecutive sessions. They Feroze, former Judge High Court shared the knowledge on defective of Sindh delivered the lectures on prosecution and its effect on final ‘How to Argue Bail Application?’ He verdicts. shared the fundamentals involved in arguing and explained the facts Hon’ble Mr. Justice Muhammad in brief. Iqbal Kalhoro, Judge High Court of Sindh, in his session, Mr. M Shahid Shafiq DSJ/ delivered a lecture on General SFM conducted a session on Role of Prosecutor in a Trial. He Role of Prosecutor in framing emphasized on producing the charge & concept of discharge. natural witness in front of the court He elaborated the concept with and also stressed that nobody apposite examples with useful should be harassed in the process information. of evidence. The Hon’ble Judge also conducted a mock trial with Trainees Presentation. Annual Report | Year 2020 47
On the final day of the training program, Prosecutors and Investigation Officers the first sessions were conducted play a very vital role in dispensing by Mr. Abdul Razzaq, MIT-II, High justice. He also shared that the judges Court of Sindh on Law of Probation. cannot properly accomplish their tasks He shared that the current probation in case of flaws in prosecution and system was originated from legislation investigation. introduced in the country in 1960. He also shared that the Probation may The Honorable DG also expressed apply to convicts of any age, but is that hopefully this six-day on job adult excluded in the case of specified learning session would be very useful serious offences. for their professional competency and career development. He added that Syed Fiaz Shah, Prosecutor General, such courses endeavors learning Sindh conducted sessions on ‘Role curiosity among the professionals and of I.O and Prosecutor in Protecting that’s the main role of Sindh Judicial witnesses the Sindh Witness Academy. Protection Act, 2013’. He shared the salient features of the Act and also He urged that all judicial fraternity shared that it provides protection of should collaborate to each other so witnesses to enable them to give that the goal of dispensation of justice evidence in criminal proceedings in may be properly achieved. the Province of Sindh. Later, the representatives of trainees In the final sessions, post assessment presented souvenirs to the Honorable tests were conducted. The participants Director General SJA, Prosecutor were also given a Trainers evaluation General, Sindh and Faculty Members for assessing the performance of of Sindh Judicial Academy. honorable trainers. On conclusion, the certificates were In the concluding remarks, Hon’ble awarded to the trainees followed by DG SJA, Mr. Justice M Ali Mazhar, the group photograph. Judge High Court of Sindh shared that 48 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES OFFICE STAFF ONE-DAY TRAINING PROGRAM FOR STAFF MEMBERS OF SINDH HIGH COURT ESTABLISHMENT48 (PA/PS) ON “CASE LAW MANAGEMENT SYSTEM (CLMS)” (FROM 25 - 26 SEPTEMBER 2020) The objective of these sessions work was used to be done Management System (CLMS) was to update the High Court by Microsoft Office, that is, to PA/PS. He said that it was Establishment Staff (PA/PS) with MS-Word, MS-Excel etc. observed that the material is not the new features of Case Law In the second level, human uploaded on daily basis. He also Management System (CLMS) so resource management system explained the easy way to upload that the updated data/information and case flow management data by using the new features may be uploaded on the website. system etc. were designed. of CLMS. He also noted several Total 76 participants (PA/PS) The third level would be the suggestions given by the staff. offended this training program. integration of in-house developed systems with other stakeholders. Hon’ble Mr. Justice Mr. Justice Mr. Abul Rasheed Mahar, Director Furthermore, fully automated Muhammad Ali Mazhar acting I.T, High Court of Sindh conducted e-Courts paperless environment DG, SJA emphasized on learning the first session and shared a would be achieved in this the advancement in information presentation on ‘Automation level. He also shared the technology. He also encouraged at High Court of Sindh, District information on several developed the participants to ask questions. Judiciary and Justice Sector of modules by the I.T department. Sindh’. He shared that there In the final session, he awarded were 3 levels of automation. Mr. Sarmad Mahar shared the new the certificates to participants. In the first level, the preliminary features included in the Case Law Annual Report | Year 2020 49
THE ACADEMIC ACTIVITIES JUDGES TWO-DAY TRAINING PROGRAM ON MEDIATION LAW (AMENDMENT IN SECTION 89-A & B AND ORDER X, CPC) FOR SENIOR CIVIL JUDGES (BATCH-I : FROM 28-29 SEPTEMBER 2020) Aims and objectives of this training Foundation (TAF), informed that the SJA shared five exercises with program were to familiarize judges trainee judges who went for training the trainees and after getting the with the newly amended law, i.e., to Rome, Italy and Turkey learnt response, discussed their reactions section 89- A & B and Order X of mediation techniques and observed in the light of the new amendment. the Code of Civil Procedure, 1908 working of mediation centers. and developing an understanding Through this training program, In the concluding session, Hon’ble of examining of the plaint and the knowledge and skills of Mr. Justice M Ali Mazhar, Acting written statement as to conclude Mediation shall be imparted Director General, Sindh Judicial referring the case for mediation. t o l e a r n e d j u d g e s i n t h e fi e l d . Academy highlighted the Total 24 Senior Civil Judges importance of Section 89-A and B. attended this training program. Ms. Navin Merchant, Advocate explained the concept of Arbitration, Later, he awarded the In the introductory session, Mr. Conciliation and Mediation. certificates to the trainees. Zeeshan, Advisor of The Asia Mr. M. Shahid Shafiq SFM/DSJ, 50 Annual Report | Year 2020
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CERTIFICATES DISTRIBUTION CEREMONY Annual Report | Year 2020 51
THE ACADEMIC ACTIVITIES ADVOCATES THREE-DAY ADVOCACY TRAINING PROGRAM ON RECORDING OF EVIDENCE THROUGH COMMISSION (FOR THE MEMBERS SINDH HIGH COURT BAR ASSOCIATION) BATCH - I : FR0M 01 - 05 OCTOBER 2020 BATCH - II : FROM 15 - 17 OCTOBER 2020 BATCH - III : FROM 12 - 16 NOVEMBER 2020
Three batches of Three-day inauguration sessions including also discussed ‘Settling schedule advocacy training programs for the registration and attendance of of recording evidence (Certificate members of Bar Associations were participants, recitation, a brief of readiness)’ and ‘Laws relating held at Sindh Judicial Academy. on Code of Conduct & SOPs, to appointment of Commission Total 119 members including 20 introduction of the training program for recording evidence’. female members attended these and conduct of pre-assessment. training programs. The best subject Hon’ble Mr. Justice Ali Aslam experts shared their knowledge Mr. Muhammad Shahid Shafiq, Jafri, former Judge High Court with the participants. D&SJ/SFM, SJA also conducted of Sindh and Mr. Muhammad the skill-based sessions during Shahid Shafiq, D&SJ/SFM, SJA In the first batch, 40 young the trainings. He elaborated the jointly conducted the final sessions Advocates including 05 female concept of Primary & Secondary of the first day. The Hon’ble Advocates attended the training evidence with relevant facts. He Justice shared the knowledge on program at Sindh Judicial also discussed the procedure ‘Specimen of evidence recorded Academy Karachi from October of Recording examination- by a Commissioner’. He also 01-05, 2020. In the second in-chief, cross-examination, shared ‘Case law on issues batch, 40 more young Advocates and re-examination. He also normally occurred while evidence participated in the sessions from shared the knowledge on how is recorded by the Commissioner’. 15 - 17 October, whereas, in the to exhibit. The trainees were The discussion was followed final batch 39 members including given several group exercises. by a group activity on the topic. 13 female members attended the training program on 12, 13 Hon’ble Mr. Justice Nadeem The second days of the trainings and 16 November 2020. These Azhar Siddiqui, Former Judge were started with lectures from training sessions continued High Court of Sindh conducted Hon’ble Mr. Justice Nadeem from 02:00 pm to 05:30 pm. the sessions on ‘Appointment Azhar Siddiqui. He elaborated of Commissioner for Recording the procedure of recording Mr. Muhammad Shahid Shafiq, Evidence & its Terms of Reference’. evidence when affidavit-in- D&SJ/SFM, SJA and Mr. Aftab He shared the knowledge ‘How evidence is filed’. He also shared Ahmed Bajwa, Administrative to approach parties for their the procedure of preparing report Officer, SJA jointly conducted the appearance?’ The Hon’ble Justice and art of writing case diaries. 52 Annual Report | Year 2020 The trainees were engaged in an exercise to provide the practical knowledge on the topics taught. Mr. Anwar Mansoor Khan, Former Attorney General of Pakistan and Senior Advocate, Supreme 52 Court of Pakistan conducted the final sessions of the second day. He discussed the procedure of handling objections raised during examination-in-chief and cross examination. He also shared knowledge on Reference to Court in case of conflict/dispute/objection raised by any other parties during evidence. Moreover, Mr. Khan concluded the session by explaining the procedure to seek time if evidence is not completed in time. In the last sessions of final days, post assessment tests were conducted. The participants were also given a Trainers evaluation for assessing the performance of honorable trainers. Hon’ble Director General SJA, Mr. Justice M Ali Mazhar, Judge High Court of Sindh shared the importance of recording evidence through commission and said that they might have learnt a lot from the most senior faculty members in this short span of the training sessions. Mentioning the heavy backlog of the cases in the courts, he advised the trainees to complete their job as a commissioner in scheduled time. He also mentioned that the recording of evidence and cross-examination are art and they should proofread the document to minimize the ambiguities in any stages of case proceedings. The Hon’ble Director General also urged the trainees to transcribe the reasons for delaying the case proceedings and seek assistance from the court. Later, the trainees presented souvenirs to Hon’ble DG, SFM and Admin Officer. Mr. Justice Muhammad Ali Mazhar also awarded certificates to the participants of these training programs. The sessions were concluded with traditional group photograph of the participants with Hon’ble DG and other trainers. Annual Report | Year 2020 53
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS
TWO-DAY TRAINING WORKSHOP ON COUNTER TERROR FINANCING AND ANTI-MONEY LAUNDERING, BATCH - I : FROM 05 - 06 OCTOBER 2020
Pakistan’s grey-listing by the of tablets. The two-day training The Hon’ble Mr. Justice Financial Action Task Force (FATF) featured syndicate and plenary Muhammad Ali Mazhar, acting has brought increased focus on the sessions and digitalized practical Director General, Sindh Judicial country’s Anti-Money Laundering exercises to assist in strengthening Academy, in the final session and (AML) and Countering Terrorism Pakistan’s compliance with certificate distribution ceremony, Financing (CTF) legal regime and global AML/CTF standards. elaborated the importance of capacity of its justice sector actors. such trainings and highlighted Following topics were covered: the background of the issue. He In this regard, Sindh Judicial • Global and domestic legal framework said that there was a need to cater Academy in collaboration with • Nature of Terrorism Financing in and understand Terror Financing Research Society of International Pakistan and Anti-Money Laundering Law, Pakistan (RSIL) conducted • Raising and Movement of funds for and its sources in the context of a training on Money Laundering the purposes of terrorism financing Pakistan. He further added that and Countering the Financing of and money laundering such trainings will enhance the Terrorism for investigators and • Role, jurisdiction and coordination skills and expertise of Prosecutors prosecutors. No. of participants between competent authorities and and Investigation Officers for was 23. investigation agencies in AML & CTF the policing of white-collar cases in Pakistan crime and economic activities. SJA and RSIL had developed • Investigative powers and Special pioneer software-based teaching Investigative Techniques Later, the Hon’ble DG SJA awarded for this workshop which was • International cooperation and Mutual the certificates to the trainees rolled out during the course of this Legal Assistance; etc. followed by group photograph. training program through the use 54 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS
TWO-DAY TRAINING WORKSHOP54 ON COUNTER TERROR FINANCING AND ANTI-MONEY LAUNDERING, BATCH - II : FROM 07 - 08 OCTOBER 2020
In continuation of SJA’s sector actors in this key area. Following topics were covered: collaboration with Research Society of International Law, The Hon’ble Director General • Global and domestic legal framework Pakistan (RSIL) for conducting SJA took the initiative of this training • Nature of Terrorism Financing in the training on Money Laundering to pullout the country from the Pakistan and Countering the Financing grey-listing imposed by the FATF. • Raising and Movement of funds for of Terrorism for investigators the purposes of terrorism financing Following resource persons and prosecutors, Second, Two- and money laundering conducted the several sessions of day training workshop on AML/ • Role, jurisdiction and coordination training program: CTF was held on 07-08 October between competent authorities and 2020. No. of participants was 23. • Mr. Muhammad Shahid Shafiq, D&SJ/ investigation agencies in AML & CTF SFM, Sindh Judicial Academy cases in Pakistan The Government of Pakistan • Mr. Jamal Aziz, Executive Director, • Investigative powers and Special has submitted an action plan RSIL Investigative Techniques to Financial Action Task Force • Mr. Kamran Adil PSP, Visiting Fellow, • International cooperation and Mutual (FATF), wherein, it has pledged RSIL Legal Assistance; etc. to enhance the capacity of justice Annual Report | Year 2020 55
The Hon’ble Mr. Justice He added that it should be realized economic activities. Muhammad Ali Mazhar, acting that world has moved from Director General, Sindh Judicial detection of white-collar crime to Later, the Hon'ble DG, SJA Academy, in the final session and policing. He further added that awarded the certificates to the certificate distribution ceremony, such trainings will enhance the trainees followed by the group elaborated the importance of skills and expertise of Prosecutors photograph. such trainings and highlighted the and Investigation Officers for the background of the issue. policing of white-collar crime and 56 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES JUDGES ONE-DAY TRAINING PROGRAM FOR JUDGES ON “MEDIATION LAW” (AMENDMENT IN SECTION 89-A56 & B AND ORDER X CPC) FOR FAMILY JUDGES & SENIOR CIVIL JUDGES BATCH-II : ON 12 OCTOBER 2020
In continuation of training program to Rome, Italy and Turkey learnt mediation. He also associated in to familiarize the Judges with the mediation techniques and observed another session with Hon’ble Mr. newly amended law, i.e., section working of mediation centers. Justice Ali Aslam Jafri, former 89 A & B and Order X of the Judge High Court of Sindh on Code of Civil Procedure, 1908 Ms. Navin Merchant, Advocate procedure when cases are returned and developing an understanding explained the difference between from Mediators. of examining of the plaint and conciliation and mediation. She also written statement as to conclude elaborated Procedure of Referring In the concluding session, Hon’ble referring the case for mediation, Cases by Courts & its stages and Mr. Justice M Ali Mazhar DG, Sindh Judicial Academy conducted procedure of identifying cases to Sindh Judicial Academy highlighted another training program on the be referred to Mediator. She also the importance of Section 89-A and subject on 12 October, 2020. explained procedure of handling B. He shared the core objective of applications under Section 89-B this training program. He said that In this second batch, 30 Senior Civil CPC. ADR is more affective now with new Judges were provided up to date scope due to latest amendments knowledge on the Mediation Law In another session, Ms. Merchant in CPC. He also added that this and its amendments. shared knowledge on procedure process saves the precious time by of selection of Mediator and expediting the case proceedings. Mr. Aftab Ahmed Bajwa, introduction of mediation facilities Administrative Officer, SJA available in Sindh Judicial Academy. Hon’ble Mr. Justice M Ali Mazhar conducted the inauguration session shared his best hopes that this including registration & attendance Mr. M. Shahid Shafiq, SFM/ training would be very helpful in of participants, recitation, a brief DSJ shared five exercises with the trainees’ proficiency in their on Code of Conduct & SOPs, the trainees and after getting professional careers. introduction of training program and the response, he discussed their pre-assessment. reactions in the light of the new Later, the Hon’ble DG awarded amendment. certificates to the trainees. The In the successive session, Mr. training program was concluded Zeeshan Advisor, The Asia He also conducted a skill based with a customary group photograph Foundation (TAF), informed that the session on writing letter, order and of trainees with Hon’ble Director trainee judges who went for training diary sheet while referring case for General and others. Annual Report | Year 2020 57
THE ACADEMIC ACTIVITIES JUDGES ONE-DAY TRAINING PROGRAM FOR JUDGES ON “MEDIATION LAW” (AMENDMENT IN SECTION 89-A & B AND ORDER X CPC) FOR CIVIL JUDGES & SENIOR CIVIL JUDGES BATCH III : ON 14 OCTOBER 2020
In continuation of training program Ms. Navin Merchant, Advocate the trainees and after getting to familiarize the Judges with the explained the difference between the response, he discussed their newly amended law, i.e., section conciliation and mediation. She reactions in the light of the new 89 A & B and Order X of the also elaborated Procedure of amendment. He also conducted Code of Civil Procedure, 1908 Referring Cases by Courts and a skill based session on writing and developing an understanding its stages and procedure of letter, order and diary sheet while of examining of the plaint and identifying cases to be referred referring case for mediation. written statement as to conclude He also associated in another referring the case for mediation, session with Hon’ble Mr. Justice Sindh Judicial Academy conducted Ali Aslam Jafri, Former Judge High another training program on the Court of Sindh on procedure when subject on October 14, 2020. cases are returned from Mediators.
In this batch, 15 Civil Judge/ In the concluding session, Judicial Magistrates and 15 Senior Hon’ble Mr. Justice M Civil Judges were provided up to Ali Mazhar DG, Sindh Judicial date knowledge on the Mediation Academy highlighted the Law and its amendments. to Mediator. She also explained importance of Section 89-A and B. procedure of handling applications He shared the core objectives of Mr. Aftab Ahmed Bajwa, under Section 89-B CPC. this training program. He said that Administrative Officer, SJA ADR is more affective now with conducted the inauguration session In another session, Ms. Merchant new scope due latest amendments including registration in CPC. He also and attendance added that this of participants, process saves recitation, a brief on the precious time Code of Conduct & by expediting the SOPs, introduction of case proceedings. the training program He shared his best and pre-assessment. hopes that this training would be In the successive very helpful in the session Mr. Zeeshan trainees’ proficiency Advisor, The Asia Foundation shared the knowledge on procedure in their professional careers. (TAF), informed that the trainee of selection of Mediator and introduction of mediation facilities judges who went for training to Later, he awarded the certificates available in Sindh Judicial Academy. Rome, Italy and Turkey learnt to the trainees. The training mediation techniques and observed Mr. M. Shahid Shafiq, SFM/ program was concluded with a working of mediation centers. DSJ shared five exercises with customary group photograph. 58 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES JUDGES ONE-DAY TRAINING PROGRAM ON “CYBER LAW” 58 (PREVENTION OF ELECTRONIC CRIMES ACT, 2016) FOR ADDITIONAL SESSIONS JUDGES & JUDICIAL MAGISTRATES (ON 17 OCTOBER 2020)
Cybercrime is a criminal activity that Conduct & SOPs, either targets or uses a computer, introduction of the a computer network or a networked training program device. Most, but not all, cybercrime and conduct of pre- is committed by cyber criminals or assessment. hackers who want to make money. Cyber crime may be carried out Mr. Nasir Ayaz, by individuals or organizations. Former Director Law, Some cybercrime are organized, Ministry of I.T (Govt. use advanced techniques and are of Pakistan) and highly technically skilled. Others are Advocate, High Court novice hackers. Rarely, cybercrime of Sindh conducted aims to damage computers for the first session. He reasons other than profit. These briefly shared the could be political or personal. history of cybercrime law. He also shared In order to elaborate cybercrime the procedures investigation and trial issues, under the law and one-day training program for rules, procedures & ADSJs & CJ/JMs was held at powers exercised Sindh Judicial Academy Karachi under the Prevention on October 17, 2020. The training of the Electronic was arranged in collaboration with Crimes Act, 2016 M/s Bolo Bhi Organization. Total (PECA) read with (20) Judicial Officers attended fundamental rights this full-day training program. guaranteed under the constitution of Pakistan etc. The third session was conducted by , D&SJ/ Mr. M. Shahid Shafiq Syed Israr Ali, Attorney of Law and SFM, Sindh Judicial Academy In the successive session, Ms. Former Director Law, FIA, Karachi. and Mr. Aftab Ahmed Bajwa, Farieha Aziz, Co- Founder He delivered a presentation on Administrative Officer, SJA jointly Bolo Bhi, shared the knowledge verdicts of superior courts on conducted the inauguration on implementation of PECA. cybercrime cases. He also shared session including registration She also shared the data and the data regarding the topic. and attendance of participants, observation of trial courts. recitation, a brief on Code of Annual Report | Year 2020 59
Mr. Muhammad Shahid Shafiq, Mr. M. Shahid Shafiq, District & added that Under Section 22, D&SJ/SFM, SJA conducted Sessions Judge and Senior Faculty punishment of up to seven years the fourth session on Qanun-e- Member, SJA and Mr. Aftab or fine up to 5 million rupees or Shahdat, 1984. He shared the Ahmed Bajwa, Administrative both has been prescribed for the various stages of recording of Officer, SJA conducted the final offence of producing, distributing or evidence in court. He elaborated session of this training. They transmitting pornographic material examination in chief, re-examination conducted the post assessment showing underage girls engaged and cross-examination. In test to evaluate training through in sexually explicit conduct. the next session, Mr. Shafiq trainers-trainees perspective. conducted activity based practical The Hon’ble Director General exercises on different scenarios. Addressing on the certificate emphasized on understanding the He also conducted a skill-based distribution ceremony, Hon’ble Mr. latest technology and said that session on judgment writing. Justice Muhammad Ali Mazhar, being the Judicial Officers they Judge High Court of Sindh and should have a command on the Ms. Sara Malkani, Advocate High acting Director General, Sindh tools of information technology. Court delivered her presentation Judicial Academy shared that He shared his best hopes that
on enforcement of PECA and in 2016, the National Assembly this training would help them to threats to human rights. She enacted the Prevention of comprehend the seriousness of also discussed the case studies Electronic Crimes Act (“PECA”) the situation. He also appreciated on challenges in assisting and to provide a comprehensive legal the keen interest of the trainees. representing a complainant of framework to define various kinds sexual harassment under PECA. of electronic crimes, mechanisms Later, Hon’ble Mr. Justice for investigation, prosecution Muhammad Ali Mazhar, Judge In the next purely technical based and adjudication in relation to High Court of Sindh and acting session, Mr. Imran Moinuddin, electronic crimes. He also shared Director General, Sindh Judicial Founder & CEO NexDegree, that Section 21 provides that use Academy awarded the certificates elaborated the importance and of electronic means that may result to the participants. types of digital forensics. He also in reputational damage or breach discussed the gathering of data of privacy shall be punishable with The ceremony was concluded with for digital evidence including imprisonment of up to 7 years or a group photograph of trainees IP Tracing, Disk Imaging and with which may extend up to 5 with the Hon’ble Director General Integrity for Forensics etc. million rupees or both. He also and the faculty members. 60 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS
BASIC TRAINING COURSE FOR60 INVESTIGATION OFFICERS & ASSISTANT INVESTIGATION OFFICERS OF BALOCHISTAN LEVIES FORCE (I.OS. & A.I.O’S BLF) BATCH - I : FROM 19 - 24 OCTOBER 2020
Investigation of criminal offences inauguration session including The trainees were given several is an uphill task given to the registration and attendance of exercises to get the practical Investigation OfficersI.O’s ( ) and participants, recitation, a brief knowledge of the subjects. They Assistant Investigation Officers on Code of Conduct & SOPs, were also involved in several group (A.I.O’s) of the Balochistan Levies introduction of the training program discussion sessions to enhance Force (BLF). However, due to and conduct of pre-assessment. their capabilities in the field. Overall, lack of requisite trainings in the following skill based topics were fields of relevant laws, regulating Following distinguished speakers covered in this training program: criminal justice and investigation shared best of their knowledge system, investigation into criminal during this training program: • Registration of FIR offences are often hindered • How to Prepare & Produce Memos resulting in acquittals of large • Hon’ble Mr. Justice Hasan Feroz, • Tangible Evidence number of accused persons. Former Judge High Court of Sindh • Official Communication • Mr. Muhammad Shahid Shafiq, • Remand To achieve the much-needed DSJ/SFM, Sindh judicial Academy • Scrutiny of Challan objectives of strengthening of • Mr. Javed Ahmed Keerio, District & • Confessional Statement & criminal investigation system, Sessions Judge, Sanghar Identification Parade phase-wise basic training, • Mr. Ashok Kumar, District & Sessions • Introduction forensic Science covering all the aspects of Judge/Court Annexed Mediation Importance of Forensic Evidence criminal investigations, needed Judge, SJA • Chain of Evidence to be imparted. Hence, on the • Mr. Aftab Ahmed Bajwa, Cdr. (R) PN, • Recording of Evidence in Court request of Directorate General Administration Officer, SJA • Role of Investigation Officer and Balochistan Levies Force, Sindh • Mr. Naveed Ahmed Soomro, Prosecutor During Trial Judicial Academy, Karachi Additional District & Sessions Judge, • How to Conduct Investigation and conducted the basic training Malir Prosecution in Murder Case? course for I.O’s and A.I.O’s.. • Mr. Haleem Ahmed Memon, • Trial Stages: Role of I.O and Additional District & Sessions Judge, Prosecutor The first batch of this training was Karachi (East) • Fundamental Rights Under the started on October 19, 2020 and • Mr. Moula Bux Solangi, Civil Judge/ Constitution of Pakistan 25 officers attended the course. Judicial Magistrate • Juvenile Trial in Rape Cases Mr. Muhammad Shahid Shafiq, • Mr. Shakeel Molani, Civil Judge/ • Coordination between Prosecutors D&SJ/SFM, SJA and Mr. Aftab Judicial Magistrate and Investigators Ahmed Bajwa, Administrative • Mr. Ashraf Yar Khan, Advocate High • Discussion on Case Laws Relating to Officer, SJA jointly conducted the Court of Sindh Investigation and Trial Annual Report | Year 2020 61
The Officers learnt a great deal and shared the aims and objectives of Sindh and Balochistan High of knowledge from the lectures of this training. His Honor also Court were a single entity. He also as well as study tours of Forensic expressed his satisfaction on the added that we still have several Department of Sindh Police and level of knowledge gained and commonalities between our judicial SFDL/ICCBS at Karachi University. interest of trainees displayed systems. He shared his best hopes during each session. that this training will be very helpful On the final day of this training in the trainees’ proficiency with program, a post assessment The Hon’ble Director General, respect to their professional field. test was conducted followed by also said that this training shall certificate distribution ceremony. bring an evident change in the At the end, Hon’ble Mr. Justice use of conventional methods with Muhammad Ali Mazhar awarded Hon’ble Mr. Justice Muhammad modern thinking and professional certificates to the trainees Ali Mazhar, Judge High Court of approach while doing investigation. followed by a group photograph. Sindh and acting Director General, Sindh Judicial Academy, in his The Hon’ble Director General short address, greeted the trainees also shared that once High Court 62 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES TWO-DAY ADVOCACY TRAINING PROGRAM FOR YOUNG LAWYERS, 62 MEMBERS OF SINDH HIGH COURT BAR ASSOCIATION (SHCBA) KARACHI
BATCH - I : FROM 26 - 27 OCTOBER 2020 BATCH - II : FROM 07 - 09 NOVEMBER 2020 BATCH - III : FROM 25 - 26 NOVEMBER 2020
A series of three batches of two- Mr. Muhammad Shahid Shafiq, described ‘How to deposit Rent in day advocacy training program D&SJ / SFM, Sindh Judicial court?’ and ‘Principles followed in for the members of Sindh High Academy and Mr. Aftab Ahmed fixing fair Rent’. He also elaborated Court Bar Association, was Bajwa, Administrative Officer, SJA Ejectment under section 14 and held at Sindh Judicial Academy jointly conducted the inauguration 15 of the SRPO, 1979. He also Karachi. Over-all, 95 young sessions including registration shared the Relevant law and Case lawyers including 13 females and attendance of participants, law followed by group exercises. participated in these three batches. recitation, a brief on Code of Mr. Ashraf Yar Khan, Advocacy training Advocate, High Court of Sindh, program Batch-01 was in the next sessions, delivered held from 26 - 27 October his presentation on Specific and 31 members Relief Act. He explained how including 03 females the specific relief is given? He of SHCBA attended. also elaborated the principles for granting injunction. In Batch-02, held from 07 – 09 November, Mr. Khan also explained 30 lawyers including how to draft application / 7 female lawyers affidavit / counter Affidavit? appeared in the training. The sessions were concluded with group exercises. Whereas, in Batch-03, held from Conduct & SOPs, introduction 25 – 26 November, 34 members of of the training program and Mr. Abdul Razzaq, MIT-II, High Bar including 03 female members conduct of pre-assessment. Court of Sindh conducted the attended the training sessions. final sessions of the first days. Mr. M Shahid Shafiq also He shared the knowledge on The training continued from conducted the first skill- Principle of Granting bail. He also 02:00 pm to 06:00 pm. based sessions on Trial elaborated the Trial Procedure Before Rent Controller. He followed in Magisterial Court. Annual Report | Year 2020 63
Mr. Muhammad Shahid Shafiq, The participants were also given a advised not to conceal the facts. D&SJ / SFM, SJA and Barrister Trainers evaluation for assessing the Syed Shahbal Ali, Research performance of honorable trainers. Hon’ble Director General, Associates, SJA conducted joint SJA urged the young lawyers to session on the second and final Hon’ble Director General SJA, establish a good reputation and day of the training program. Mr. Justice Muhammad Ali maintain higher decorum. He They shared the knowledge Mazhar, Judge High Court of also urged them to study the past on Trial Before Family Court. Sindh, in the concluding sessions, experiences of great lawyers if They also elaborated on the shared the basic norms and ethics they want to intuit the future. The Court Practice & Procedure. for the advocates. Addressing the Hon’ble Judge also said that they lawyers, he said that being an are the future of judiciary and they Mr. Moin Azhar Siddiqui, officer of the court, they should should do the research as it is a Principal Islamia Law College, wear a tidy uniform, switch-off their tool of creating new knowledge. Advocate, Supreme Court of mobile devices and present good Pakistan delivered lectures on behavior in the Courtroom. He Later, Hon’ble Director General Salient Features of Contract Law. also guided them to prepare their SJA awarded the certificates to He also shared the Relevant Law case file properly with pagination the participants. The program was and Case Law on the subject. for saving the time of Honorable concluded with a traditional group Judge and Court. He also photograph of the participants In the final sessions of final day, post emphasized on carrying relevant with Hon’ble DG and others. assessment tests were conducted. books, e.g., C.P.C, Cr.P.C etc. and 64 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES ONE-DAY ADVOCACY TRAINING PROGRAM FOR YOUNG LAWYERS OF DISTRICT BAR ASSOCIATION,64 HYDERABAD BATCH - I ON 02 NOVEMBER 2020 BATCH - II ON 03 NOVEMBER 2020 BATCH - III ON 04 NOVEMBER 2020
One-day advocacy training program discussed ‘How to deposit Rent for young lawyers of District Bar in court?’, ‘Principles followed in Association, Hyderabad, was held fixing fair Rent’ and ‘Ejectment at Sindh Judicial Academy in 03 under sections 14 and 15 of batches on 02, 03 & 04 November the Sindh Rented Premises 2020. The training continued Ordinance, 1979’ followed by from 08:30 am to 06:00 pm. Relevant law and Case law about the subject. He also engaged the Batch-wise / No. of participants: participants in an exercise for the better understanding of the topic. Batch-01: 31 (15 female Advocates) Batch-02: 27 (09 female Advocates) Mr. Muhammad Saad Qureshi, Batch-03: 31 (15 female Advocates), D&SJ, Judge Banking Court-III, Karachi delivered a lecture on Mr. Aftab Ahmed Bajwa, Salient Features of Contract Law. Administrative Officer, SJA He also discussed the relevant law conducted the inauguration supported by case law of the subject. session including registration and attendance of participants, Mr. Ashraf Yar Khan, Advocate, recitation and brief on code of High Court of Sindh delivered his conduct & SOPs and introduction presentation on Specific Relief Act. of training & pre-assessment. He explained how specific relief is given. He shared the knowledge on Mr. Abdul Razzaq, MIT-II, High principles for granting injunction. Court of Sindh delivered the Mr. Khan also discussed how to presentations on principles of draft application, affidavit and granting bail and trial procedure counter affidavit? The discussion followed in magisterial court. was followed by a group exercise.
Mr. Muhammad Shahid Shafiq, Mr. Justice Nadeem Azhar DSJ/SFM, SJA gave a lecture on Siddiqui, former Judge High Court trial before Rent Controller. He of Sindh gave a lecture on trial before Annual Report | Year 2020 65
THE ACADEMIC ACTIVITIES ADVOCATES
Hon'ble Mr. Justice M. Iqbal Hon'ble Mr. Justice Zafar Ahmed Rajput Hon'ble Mr. Justice M. Ali Mazhar Hon'ble Mr. Justice Salahuddin Panhwar Kalhoro
family court. He also discussed elaborated “the planning of final the practice and procedure argument by a defense advocate”. followed in the family court. In the final session, post Mr. Justice Muhammad Iqbal assessment test was conducted. Kalhoro, Judge High Court of The participants were also given a Sindh shared the knowledge Trainers evaluation for assessing the on Role of Advocate in Civil performance of honorable trainers. Trial. He also shared how to draft Pleading? He elaborated In the concluding remarks, Hon’ble the importance of documentary Director General SJA, Mr. evidence and its procedure of Justice Muhammad Ali Mazhar, production in a court of law. Judge High Court of Sindh shared the importance of Advocates Mr. Justice Zafar Ahmed Rajput, among all other stakeholders of Judge High Court of Sindh shared justice sector. He also urged young the knowledge on Role of Advocate lawyers to learn through books and in Civil Trial. He also shared how listen to the seniors. He discussed to draft Pleading? He elaborated Code of Conduct to be observed the importance of documentary by junior advocates. He advised evidence and its procedure of to the trainees to have command production in a court of law. on facts of the case and at the same time conduct research in Mr. Justice Salahuddin legal points involved in the case. Panhwar, Judge High Court of Sindh shared the knowledge on On completion of the training Role of an Advocate in Criminal program, Mr. Justice Muhammad Trial. He shared the Art of Cross- Ali Mazhar, DG SJA, awarded Examination. He also shared certificates to the participants the importance of statement of followed by group photograph. accused recorded under section 342 Cr.P.C. The Hon’ble Judge 66 Annual Report | Year 2020
66 Annual Report | Year 2020 67
THE ACADEMIC ACTIVITIES ADVOCATES ONE-DAY ADVOCACY TRAINING PROGRAM FOR THE MEMBERS OF SINDH BAR COUNCIL AND KARACHI BAR ASSOCIATION BATCH-01 : ON 01 DECEMBER 2020 BATCH-02 : ON 02 DECEMBER 2020 BATCH-03 : ON 03 DECEMBER 2020
Three batches of advocacy training Mr. M Shahid Shafiqand Barrister programs for the members of Syed Shahbal Ali, Research Sindh High Court Bar Council and Associate, SJA jointly conducted Karachi Bar Association, were held the next skill-based sessions on at Sindh Judicial Academy Karachi Trial Before Rent Controller. They on 01, 02 and 03 December, 2020. described ‘How to deposit Rent in court?’ and ‘Principles followed in Average No. of participants per fixing fair Rent’. They also elaborated batch was about 30-35 advocates. Ejectment under section 14 and 15 of the SRPO, 1979. They also Mr. Aftab Ahmed Bajwa, shared the Relevant law and Case Administrative Officer, SJA law followed by group exercises. conducted the inauguration sessions including registration Mr. Shafiq and Barrister Ali also and attendance of participants, conducted another joint session of recitation, a brief on Code of the training program. They shared Conduct & SOPs, introduction the knowledge on Trial Before of the training program and Family. They also elaborated on conduct of pre-assessment. the Court Practice & Procedure.
Mr. Abdul Razzaq, MIT-II, Mr. Moin Azhar Siddiqui, High Court of Sindh conducted Principal Islamia Law College, the next sessions and shared Advocate, Supreme Court of the knowledge on Principle Pakistan delivered the lectures of Granting bail. He also on Salient Features of Contract elaborated on the Trial Procedure Law. He also shared the Relevant followed in Magisterial Court. Law and Case Law of the subject. 68 Annual Report | Year 2020
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Mr. Ashraf Yar Khan, Advocate, the concluding session, while etc. and do not conceal the facts. High Court of Sindh, delivered his addressing the lawyers, said presentation on Specific Relief Act. that it was very difficult to teach The Hon’ble Judge urged the lawyers He explained how the specific relief several topics in one day but to establish a good reputation is given? He also elaborated on the consider this training program as and maintain higher decorum. principles for granting injunction. a refresher. He also added that He also urged them to study the there is no age limit for learning past experiences of great lawyers Mr. Khan also explained how as it is a continuous process. if they want to intuit the future. to draft application /affidavit / counter Affidavit? The session was Hon’ble DG also shared the The Hon’ble Judge also said that concluded with group exercises. basic norms and ethics for the they are the future of judiciary and advocates and said that being an they should do the research as it is In the final sessions, post officer of the court, they should a tool of creating new knowledge. assessment tests were wear a tidy uniform, switch-off conducted. The participants their mobile devices and present Later, Hon’ble Director were also given a Trainers’ good behavior in the Courtroom. General SJA, awarded the evaluation form for assessing the He also guided them to prepare certificates to the participants. performance of honorable trainers. their case file properly with pagination for saving the time The program was concluded with a Hon’ble Director General SJA, of Honorable Judge and Court. traditional group photograph of the Mr. Justice M Ali Mazhar, He also emphasized on carrying participants with Hon’ble DG and Judge High Court of Sindh, in relevant books, e.g., C.P.C, Cr.P.C Faculty Members. Annual Report | Year 2020 69
THE ACADEMIC ACTIVITIES JUDGES TWO-DAY TRAINING COURSE/SEMINAR ON STRENGTHENING THE INTERFACE BETWEEN CRIMINAL JUSTICE SYSTEM AND MENTAL HEALTH SYSTEM FROM 03-04 DECEMBER 2020
Keeping in view the fact of an mental health issues so that the health issues under the influence of urgent need to have specialized rights of under-trial prisoners with delusions and hallucinations make forensic psychiatrists in every mental illness could be protected false claims or commit acts which district of Pakistan to assist the following the promulgation of are not only against the norms of judicial system and officials in the Sindh Mental Health Act society but are also cognizable dealing with mentally ill people, who 2013 and the constitution of a offences. In these cases, people are often mistreated, penalized and provincial mental health authority. should have the right to undergo even killed even before facing trials assessment by some trained, for committing cognizable qualified forensic offences without having psychiatrists. any intention, a Two-day international conference/ The international Training Course/Seminar conference was on “Strengthening addressed by the Interface between forensic psychiatrists Criminal Justice System and experts from the and Mental Health NHS Scotland, the System”, was organized United States and by Sindh Judicial the Department of Academy in collaboration Psychiatry of Jinnah with Pakistan Psychiatric Graduate Medical Society (PPS), School Centre (JPMC), while of Forensic Mental additional session Health and National judges, magistrates, Health Services (NHS), Scotland. National and international lawyers, bar association mental health experts, including representatives, police officials, It was also observed that there European, American and Pakistani armed forces’ personnel and was an urgent need to sensitize psychiatrists, were of the opinion journalists attended the training and and train various justice sector that mental health disorders are on discussed how to deal with offenders stakeholders, including judges, the rise in society and sometimes with intellectual disabilities in lawyers, police officials, about people having serious mental Pakistan and the rest of the world. 70 Annual Report | Year 2020
70 CERTIFICATE AWARDING CEREMONY AWARDING CERTIFICATE
President Pakistan Psychiatric by Ms. Valerie Khan (Executive would be benefited as their rights Society (PPS) Prof. M. Iqbal Afridi Director of the Group Development would be protected. He added that said several serious offences are Pakistan), Senator Dr. Karim such trainings should continue committed by mentally sick patients, Khawaja (Chairman Sindh Mental with the help of societies like the who often have no intention of Health Authority), Mr. Robin Mahar Pakistan Psychiatric Society (PPS) committing a cognizable offence from the United States, Ms. Natalie and other national and international or don’t even know if they are Bordon from the NHS Scotland, Ms. mental health institutions. committing any crime, but due to Patricia Crowthorne and Ms. Helen lack of training, police officials, Walker from University of Scotland. Hon’ble Mr. Justice Muhammad lawyers and even judges treat Ali Mazhar also apprised that them as hardened criminals. Dr. Sanaullah Abbasi (I.G. Police, several constitutional petitions (CP) KPK) also participated via-online are filed in the Sindh High Court Prof. M Iqbal Afridi maintained that and elaborated on practical need and (SHC) for the implementation of they were trying to train Pakistani significance of Forensic Psychiatry in provincial laws. When a CP was psychiatrists in forensic psychiatry so the field. filed with him, he ordered in May that they could help the judicial officials 2018 that the government should and the system in effectively dealing Speaking at the concluding session immediately provide funds to the with the mentally sick patients, saying of the conference, Hon’ble Director Sindh Mental Health Authority so the international conference was General Sindh Judicial Academy, that it could be made functional. part of this effort, which would continue in the coming days.
An eminent forensic psychiatrist from the School of Forensic Mental Health, NHS, Scotland, Dr. Khurram Khan conducted various sessions during the two-day conference and discussed case scenarios where mentally sick patients should undergo psychiatric evaluation, and, if found unfit for trial, they should be referred to mental health institutions and Mr. Justice Muhammad Ali Mazhar He added that in this way, he also correction facilities. said that the Sindh Mental Health Act, contributed to the implementation 2013 is relatively a new law and a special of the mental health act of the The issues discussed during the subject that deals with the rights and province, which would benefit program were acts of suicide, issues of mentally sick offenders and the intellectually-disabled people. blasphemy, child molestation and there is a need to discuss this law some other cognizable offences, with the mental health experts so that The Hon’ble Director General which are sometimes committed by legal fraternity could understand the hoped that forensic psychiatry people with mental health disorders, issue of mental health. trainings would help both judges but they are treated as hardened He maintained that such type of and lawyers to distinguish between criminals without looking at their trainings would not only benefit the genuine patients having mental mental health condition. judges, lawyers and other people health issues and impersonators. He emphasized that they will use the The conference was also addressed associated with the justice system, but also people with mental issues training during their professional life. Annual Report | Year 2020 71
THE ACADEMIC ACTIVITIES JUDGES TWO-DAY CAPACITY BUILDING WORKSHOP ON “GENDER BASED VIOLENCE (GBV)” FROM 07 - 08 DECEMBER 2020
Sindh Judicial Academy in In the next session, Dr. Asha lecture with the Hon’ble Judge. collaboration with Legal Aid Bedar, Gender Expert delivered Society (LAS) arranged a Two- a presentation on Gender On the second and final day of the Day Capacity Building Workshop Based Violence (GBV) in a local training program, Mr. Muhammad on Gender Based Violence on context. She elaborated on Shahid Shafiq, D&SJ/SFM, SJA 07-08 December, 2020. The the understanding the drivers explained the core purpose of this core purpose of this training of GBV. She also explained training program followed by a program was to strengthen recognizing impact of GBV on session by Dr. Summaiya Syed the Criminal Justice System’s victims, families and society. She Tariq, Additional Police Surgeon Response to Sexual Violence in also shared the understanding Karachi. She delivered a lecture Sindh. Total 30 participants (01 on trauma of rape on victims. on understanding Medico-Legal DSJ and 29 ADSJs) including Evidence. She explained the 02 female participants attended In the next two successive medical terminologies involved this capacity building workshop. sessions, Dr. Bedar shared GBV in a trial. She also explained case management approaches, medical evidence, and types Mr. Muhammad Shahid Shafiq, Barriers for GBV survivors in of medical evidence that may D&SJ / SFM, Sindh Judicial the criminal justice system and appear in rape and sodomy cases. Academy and Mr. Aftab Ahmed communication techniques with Bajwa, Administrative Officer, SJA victims. In the successive session, jointly conducted the inauguration Dr. Summaiya delivered a session including registration The participant Judges also presentation on understanding and attendance of participants, shared their experiences while forensic evidence. recitation, a brief on Code of conducting trials in GBV courts. Conduct & SOPs, introduction Ms. Maliha Zia and Barrister of the training program and Hon’ble Mr. Justice Ali Aslam Jaffer Raza conducted a joint conduct of pre-assessment. Jafri, former Judge High Court of session on Revisiting Laws Sindh, delivered a lecture on Trial and Precedents on Rape and Ms. Maliha Zia, Advocate, and Courtroom Management. He Sodomy. They shared the review Associate Director, LAS shared also discussed the National and of updated legal amendments to the overview of the training. She International best practices on law on rape and sodomy & police also shared the understanding of Case Management Techniques. in 2016, 2017 & 2019.They also objectives and methodology of this He also delivered an introduction shared the examination of case training. She also presented an to Special Protection Mechanisms: precedents in key areas followed overview of a rapid assessment of Law, Precedent & Practice. by re-examination of cases in over 14,000 calls received at Sindh light of discussions on day 1 Legal Aid Call Center between Ms. Maliha Zia and Dr. Asha and 2 of this training program. December 2019 and June 2020. Bedar also associated the 72 Annual Report | Year 2020
72 CEREMONY CERTIFICATE AWARDING AWARDING CERTIFICATE
Mr. Abdul Razzaq, MIT-II, High General, Sindh Judicial Academy, The Hon’ble DG stressed on Court of Sindh and Mr. Muhammad Mr. Abdul Razzaq, MIT-II, protection of witness by using Shahid Shafiq, D&SJ/SFM, High Court of Sindh and Mr. the technology. He shared that SJA jointly conducted the final Muhammad Shahid Shafiq, proper screening along with sound training session on Gender Neutral D&SJ/SFM, SJA for making this modulation system would be very Judgment Writing. It was a skill- training program possible. She helpful to avoid exposure of victim’s based session in which they shared shared that the LAS already have identity during the case proceedings. the importance of social context diagnosed the problems and judging and recognizing role of they are working on resolving Discussing the data presented by language in perpetuating gender them. She also shared that they MIT, High Court of Sindh, Hon’ble bias. A healthy discussion was also are also working on developing Mr. Justice Muhammad Ali made on importance of gender- infrastructure for the judicial system. Mazhar said that there is a need neutral writing in judgments. of taking the issues seriously. Hon’ble Mr. Justice Muhammad He also emphasized on studying In the closing remarks, Ms. Ali Mazhar, in his short address, the law thoroughly because all
Maliha Zia said that considering thanked LAS for arranging the questions and answers are the scope and importance of the this training program on a very discussed in details. He shared his subject, the two day’s training sensitive issue. He also thanked best hopes that this training would sessions were very short to cover. the Judicial Officers for attending be very helpful for the trainees’ She also said that, collectively, this training with keen interest. proficiency in their professional we have to work on victim’s careers and also it will avoid protection. She also delivered The Hon’ble Director General delays in case proceedings. an overview of the program. emphasized the participants on expeditious justice and urged At the end, Hon’ble Mr. Justice Ms. Haya Zahid, Executive them to make SOP’s for proper Muhammad Ali Mazhar awarded Director, LAS in her short address documentation. He also discussed certificates to the trainees followed thanked the Hon’ble Mr. Justice the issues that affect the whole by a group photograph. Muhammad Ali Mazhar, Judge High judicial proceedings, e.g., if Court of Sindh and Acting Director the DNA report is delayed, the whole proceeding is delayed. Annual Report | Year 2020 73
THE ACADEMIC ACTIVITIES ADVOCATES ONE-DAY WORKSHOP ON MEDIATION LAW AND PROCESS FOR ADVOCATES/MEMBERS OF THE BAR ON 12 DECEMBER 2020
Sindh Judicial Academy in this exercise was “Meeting each which the trainees were shared the Collaboration with Pakistan other again, really!”. knowledge on how to negotiate for Mediators Association conducted settlement. a One-Day Workshop on The participants were given the Mediation Process for Advocates/ introduction of the exercise and In the next session, all the trainers Members of the Bar. The objective divided work in groups of four. shared the knowledge on different of this training program was The trainees were sensitized Approaches to Negotiation. They to enhance the knowledge of with the skills an Advocate must were explained the Two Schools Advocates on Alternative Dispute bring which would be helpful for of Negotiation, Principled v/s Resolution (ADR) and mediation; a client during mediation. They positional bargaining and Issues developments, challenges were asked to share at least three Triangle: legal/ personal/ financial. and future interventions for things – educational background, Leading the session Mr. Mustansir institutionalizing mediation in something personal, something Zakir briefly explained the phases Pakistan. interesting. of Mediation.
It was also an effort to seriously Mr. Anwar Kashif and Mr. Mr. Sarwana and Mr. Kashif engage the lawyers in developing Mustansir Zakir jointly conducted shared the Role of Advocates in mechanisms for resolution of the next session on landscape Different Phases of Mediation disputes through mediation. of ADR in Sindh. They also (Mediation Advocates). They also Speakers belonging to various discussed forms of Alternative shared Verbal Techniques on how relevant fields shared their views Dispute Resolution Mechanisms. to assist clients during mediation on various themes of this one-day The trainers also prepared Live through questions, summarizing, training program and highlighted Chart with 3 columns on board reframing, etc. They also shared commitment for developing to elaborate the characteristics why to encourage your Client mediation further for shortening of Litigation, Arbitration and to Make the First Offer during time of disputes pending in courts, Mediation. Mr. Kashif and Mr. Mediation? They concluded the resolving disputes out of court and Zakir also provided an introduction session on how to help Mediator illustrating the urgency for using to Mediation in the successive and your Client to draft a Settlement mediation as an ADR mechanism. session. They also discussed the Agreement during mediation? Mediation Advocacy. In the first session Mr. Jawad Mr. Mustansir Zakir and Mr. Sarwana and Mr. Mustansir Mr. Jawad Sarwana and Mr. Anwar Kashif in another session, Zakir jointly steered the session Mustansir Zakir conducted explained Role-Play as a Client/ in which a listening skills group another session on “Ten Coins”. It an Advocate on a Mock Mediation exercise was done. The topic of was an exercise-based session in Case. They also supervised 74 Annual Report | Year 2020
Mock Mediation Session. In the CPC Amendments or the subject. Arbitrators and, in this regard, the successive session they shared Hon’ble Courts would like to seek Plenary Debrief on Mock In the concluding session, Hon’ble cooperation from the Bars and Mediation. Mr. Justice Muhammad Ali Associations so that this procedure Mazhar, Judge High Court of prevails. Mr. Jawad Sarwana and Mr. Sindh and acting74 Director General, Anwar Kashif in the next session, Sindh Judicial Academy shared Hon’ble Mr. Justice Muhammad explained how to Identify cases the core objective of this training Ali Mazhar shared his best hopes suitable for Mediation. Mr. Zakir program. He said that ADR is that this training would be very explained “How to build a Practice more affective now with new helpful in the trainees’ proficiency - assisting parties on Mediation” in scope due latest amendments in in their professional careers. the successive session. CPC. He assured that nothing is going to be deprived of Advocates At the end, the Hon’ble Director Mr. Muhammad Shahid Shafiq, because of this approach, as a General awarded certificates to D&SJ/SFM, Sindh Judicial matter of fact, this process saves the trainees. The training program Academy explained “Role & their precious time by expediting was concluded with a customary Powers of Trail Court to Refer Case the case proceedings. He also group photograph of trainees with for Mediation at Different Stages”. shared that the Hon’ble High Court Hon’ble Director General and Earlier, Mr. Kashif shared the 2019 of Sindh is working to register the others. Annual Report | Year 2020 75
THE ACADEMIC ACTIVITIES PROSECUTORS & INVESTIGATORS
BASIC TRAINING COURSE FOR INVESTIGATION OFFICERS & ASSISTANT INVESTIGATION OFFICERS OF BALOCHISTAN LEVIES FORCE (I.OS. & A.I.O’S BLF) BATCH - II : FROM 14 - 23 DECEMBER 2020
The second batch of this ten-day • Barrister Salahuddin Ahmed, training program for I.Os / A.I.Os President, Sindh High Court Bar of BLF was conducted from 14- Association, Karachi 23 December, 2020. Total 27 • Mr. Shaukat Hayat, Advocate, officers attended the course. Supreme of Pakistan • Dr. Asha Bedar, Gender Expert/ Mr. Aftab Ahmed Bajwa, Clinical Psychologist Administrative Officer, SJA • Dr. Summaiya Syed Tariq, conducted the inauguration Additional Police Surgeon Karachi session including registration • Mr. Aftab Ahmed Bajwa, and attendance of participants, Administrative Officer, SJA recitation, a brief on Code of • Barrister Syed Shahbal Ali, SJA Conduct & SOPs, introduction • Mr. Taqdeer Afridi, Sindh Police of the training program and conduct of pre-assessment. The trainees were given several exercises to get the practical Following distinguished speakers knowledge of the subjects. They shared best of their knowledge were also involved in several during this training program: group discussions sessions to enhance their capabilities in • Hon’ble Mr. Justice Hasan Feroz, the field. Overall, following skill Former Judge High Court of Sindh based topics were covered • Mr. Muhammad Shahid Shafiq, in this training program: District & Sessions Judge, Senior Faculty Member, Sindh judicial • Registration of FIR Academy • How to Prepare & Produce • Mr. Ghulam Rasool Samoon, Memos Registrar, High Court of Sindh • Tangible Evidence • Mr. Khalid Hussain Shahani, District • Official Communication & Sessions Judge, Karachi East • Remand • Mr. Tariq Mehmood Khoso, District & • Scrutiny of Challan Sessions Judge, Mirpurkhas • Confessional Statement & • Mr. Abdul Naeem Memon, District & Identification Parade Sessions Judge, Karachi (West) • Chain of Evidence • Mr. Ashok Kumar, District & Sessions • Recording of Evidence in Court Judge/Court Annexed Mediation • Defective Investigation and Its Judge, SJA Impact on Trial • Mr. Naveed Ahmed Soomro, • How to Conduct Investigation and Additional District & Sessions Judge, Prosecution in Murder Case? Malir • Introduction & Importance of • Mr. Haleem Ahmed Memon, Forensic Evidence Additional District & Sessions Judge, • Fundamental Rights Under the Karachi (East) Constitution of Pakistan • Mr. Zeeshan Manzoor, Secretary of • Juvenile Trial in Rape Cases Inspection Team, High Court of Sindh • Criminal Trail • Mr. Sarmad Mahar, I.T. Department, • Mock sessions High Court of Sindh, Karachi • Orientation visits 76 Annual Report | Year 2020
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VISIT TO UNIVERSITY OF KARACHI & FORENSIC DIVISION, SINDH POLICE KARACHI
• Concluding Session Town Karachi and PAF museum and objectives of this training. Sindh Judicial Academy arranged Shar-e-Faisal Base Karachi. Hon’ble Mr. Justice Muhammad several tours during this training Ali Mazhar, Judge High Court of program. The Officers learnt a great On the final day of this Sindh and acting Director General, deal of knowledge from the study training program, certificate Sindh Judicial Academy, in his tours of Forensic Departments distribution ceremony was held. short address, greeted the trainees of Karachi University and Sindh and shared that once High Court Police. They also enjoyed the Mr. Muhammad Shahid Shafiq, of Sindh and Balochistan High recreational tours of Bahria D&SJ/SFM, SJA shared the aims Court were a single entity. He also Annual Report | Year 2020 77 shared that we still have several helpful in the trainees’ proficiency in certificates to the trainees followed commonalities between our judicial their respective professional fields. by a group photograph. systems. He shared his best hopes At the end, Hon’ble Mr. Justice that this training would be very Muhammad Ali Mazhar awarded 78 Annual Report | Year 2020
THE ACADEMIC ACTIVITIES ADVOCATES TWO-DAY ADVOCACY TRAINING PROGRAM FOR YOUNG FEMALE LAWYERS OF MEMBERS78 OF DBA, HYDERABAD FROM 28-29 DECEMBER 2020
Two-Day Advocacy Training 15 of the SRPO, 1979. He also delivered a lecture on Qanun-e- Program for Young Female shared the Relevant law and Case Shahadat, 1984. He explained Lawyers of Members of District Bar law followed by group exercises. the difference between Primary Association, Hyderabad was held and Secondary Evidence. He also in Sindh Judicial Academy from Ms. Naveen Merchant, Advocate explained the Relevant Facts. 28-29 December, 2020; total 24 delivered her presentation The Hon’ble Judge also unveiled participants attended the training. on Specific Relief Act. She the Impeachment of witnesses explained how the specific relief followed by Burden of Proof. Mr. Muhammad Shahid Shafiq, is given? He also elaborated the D&SJ/SFM, SJA conducted the principles for granting injunction. In the successive session, Mr. inauguration session including Muhammad Shahid Shafiq, registration and attendance of Ms. Merchant also explained delivered a lecture on Art of participants, recitation, a brief how to draft application /affidavit / cross examination. He explained on Code of Conduct & SOPs, counter Affidavit? The session was the process of production of introduction of the training program concluded with group exercises. documents. He explored the and conduct of pre-assessment. difference between Primary and Hon’ble Mr. Justice Nadeem Secondary evidence. Mr. Shafiq Mr. Abdul Razzaq, MIT-II, High Azhar Siddiqui, Former Judge High also shared the knowledge on Court of Sindh conducted the Court of Sindh delivered a lecture Power of Court to put questions and first session of the first day. on Civil Procedure Code, 1908. He order for production of documents. He shared the knowledge on shared that without studying Civil Principle of Granting bail. He also Procedure Code,1908 one cannot Mr. Nizamuddin, Librarian Sindh elaborated the Trial Procedure be called a practicing lawyer. He Judicial Academy delivered followed in Magisterial Court. elaborated the Jurisdiction of a presentation in a special Civil Court described in the Code. session on how to use law library Mr. Muhammad Shahid Shafiq, He also explained ‘How to draft resources (online and offline) for DSJ / SFM, SJA conducted a skill- Pleading?’. The Hon’ble guest legal research. He explained the based session on Trial Before speaker finally unfolded ‘How and importance of legal research for Rent Controller. He described when to add or delete parties?’. the legal professionals and role ‘How to deposit Rent in court?’ of law library while conducting and ‘Principles followed in fixing On the second day of the training the legal research. He shared the fair Rent’. He also elaborated program, Mr. Justice Hasan Feroz, useful free local and international Ejectment under section 14 and Former Judge High Court of Sindh online and offline legal research Annual Report | Year 2020 79
databases including, all superior on, she covered the topics included: they should wear a tidy uniform, courts’ databases of Pakistan Jurisdiction of Court, Drafting switch-off their mobile devices and India. The core objective of Plaint, Pre-Trial Proceedings, and present good behavior in the his presentation was to enhance Preliminary Decree, Recording Courtroom. He also guided them the legal research skills and Evidence, Application for interim to prepare their case file properly guide the participants to utilize Maintenance, Application for interim with pagination for saving the time the same in their professional Custody and Art of Arguments. of Honorable Judge and Court. career. He also elaborated how He also emphasized on carrying to retrieve relevant case-laws, In the concluding session, Mr. relevant books, e.g., C.P.C, Cr.P.C statutes, research based legal Muhammad Shahid Shafiq etc. and not to conceal the facts. articles and other legal information. briefed the aims and objectives of this training program. The Hon’ble Judge urged the Hon’ble Ms. Justice Kausar young lawyers to establish a good Sultana Hussain, Judge High Court Hon’ble Director General SJA, reputation and maintain higher of Sindh, conducted final session Mr. Justice Muhammad Ali decorum. He also urged them to on Family Court Trial Practice and Mazhar, Judge High Court of study the past experiences of great Procedure. The session on Trial in Sindh, in his address, greeted the lawyers if they want to intuit the Family Court was opened with a lady Advocates and shared his future. The Hon’ble Judge also said quick brainstorming activity where pleasure to see the women in the that they are the future of judiciary the Hon’ble Judge asked a question field of advocacy and said that they and they should do the research as it to the participants. The question should come forward to fill the gaps is a tool of creating new knowledge. was: Whether non-fulfilment of the as the ratio of female Advocates is promise of marriage is a family very low. He shared that this short Hon’ble Mr. Justice Muhammad dispute? The participants actively period of training was considered Ali Mazhar awarded the participated in the activity and to be an on-job training which is certificates to the participants. answered questions. Most of the always a never-ending process. Hon’ble Ms. Justice Kausar participants were of the view that any Sultana was also present at such matter between legal partners The Hon’ble Director General the occasion. The ceremony would be considered as a family shared the basic norms and was concluded with a group dispute. This activity set the pace ethics for the advocates. He said photograph of trainees with Hon’ble of the later part of the lecture. Later that being an officer of the court, dignitaries and faculty members. 80 Annual Report | Year 2020
PROPOSED BUILDING PLAN OF SINDH JUDICIAL ACADEMY
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FOUNDATION STONE LAYING CEREMONY Annual Report | Year 2020 81
THE FOUNDATION STONE LAYING CEREMONY CEREMONY-2020 THE FOUNDATION STONE LAYING CEREMONY SINDH JUDICIAL ACADEMY CITY CAMPUS, KARACHI (ON 07 FEBRUARY 2020)
The Foundation Stone Laying Mr. Tariq Hassan, consultant • Hon’ble Mr. justice Aqeel Ahmed Ceremony of Sindh Judicial briefed on building drawing and Abbasi, Judge, High Court of Sindh Academy (SJA), city campus design. He shared the functionalities • Hon’ble Mr. Justice Syed Hasan was held on February 7, 2020. of different blocks and their salient Azhar Rizvi, Judge, High Court of Honorable Mr. Justice Gulzar features. It was elucidated that the Sindh Ahmed, Chief Justice Supreme building will fulfill need of Judicial • Hon’ble Mr. Justice Fahim Ahmed Court of Pakistan was the Chief Academy, Research Centre and Siddiqui, Judge, High Court of Sindh Guest of the ceremony. Hon’ble Law University. • Hon’ble Mr. Justice Nasir Aslam Mr. Justice Muhammad Ali Zahid, Former Judge, Supreme Court Mazhar, Acting Director General, Following dignitaries were present of Pakistan Sindh Judicial Academy welcomed at the occasion: • Hon’ble Mr. Justice Khilji Arif the Chief Guest. Hussain, Former Judge, Supreme • Hon’ble Mr. Justice Mushir Alam, Court of Pakistan and Former Director The Honorable Chief Justice of Senior Puisne Judge, Supreme Court General Sindh Judicial Academy Pakistan along with Hon’ble Mr. of Pakistan Justice Ahmed Ali M. Shaikh, • Hon’ble Mr. Justice Maqbool Baqar, The ceremony was started with the Chief Justice High Court of Sindh, Judge, Supreme Court of Pakistan recitation of The Holy Quran. The offered Dua after laying the • Hon’ble Mr. Justice Faisal Arab, Hon’ble Mr. Justice Muhammad foundation stone of the Academy. Judge, Supreme Court of Pakistan Ali Mazhar, Acting Director They prayed for the prosperity • Hon’ble Mr. Justice Sajjad Ali Shah, General, SJA in his address, and success of the project and Judge, Supreme Court of Pakistan welcomed the Chief Guest and supplicated Almighty Allah for • Hon’ble Mr. Justice Irfan Saadat other Honorable guests to this making this institution the centre of Khan, Senior Puisne Judge, High ceremony. He shared that the excellence for judicial education. Court of Sindh core function of the Academy is 82 Annual Report | Year 2020
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to conduct training of members of The Honorable Acting Director Tower will be fully dedicated District judiciary, Law officers and General SJA also shared that for University and its allied the Members of the Bar. He further there shall be three towers in infrastructure. added that holding conferences, the new building of City Campus seminars and workshops for the of SJA, comprising Academic, Hon’ble Mr. Justice Ahmed Ali M. improvement of Judicial system Administration and University. The Shaikh, Chief Justice, High Court and quality of judicial work are Academic Tower will accommodate of Sindh, in his address shared that also a part of core functions of classrooms, mock-trial courts, the Hon’ble Mr. Justice Gulzar this Academy. He asserted that library and e-Classrooms with Ahmed, Chief Justice of Pakistan the present physical structure was video conferencing facilities, had started his legal profession not sufficient to cater future need whereas, Admin Tower would be for from Karachi and that is why his and therefore matter was brought holding seminars and workshops Honor is well aware about the in the kind notice of Development with a provision of a fully equipped problems of the city. He also added Committee of Sindh High Court auditorium for 250 persons. It shall that the academy is very fortunate and after consultation with the then also accommodate Research and to have his Honor’s presence at this Hon’ble Director General, need Mediation Centres. occasion. He also acknowledged was assessed and accordingly a the vision of the Honorable Chief new building plan was finalized. He also informed that the University Justice of Pakistan for the future Annual Report | Year 2020 83
of Judicial system and assured of it. He also anticipated that this Honorable Mr. Justice Khilji Arif that the Judiciary of Sindh will take Academy will become a hub and a Hussain, Former Judge Supreme guidance from his wisdom and huge learning place for not only the Court of Pakistan in recognition of maximum efforts and measures Judicial Officers from this province his incredible services as former will be made to achieve the goal but all the stakeholders from the Director General of SJA. of foundation of this Academy, i.e. whole country. He also prayed to inculcate the Judicial Officers in for the Academy to become more The ceremony was also attended such a way that a common man successful institution for Sindh and by Mr. Anwar Mansoor Khan, may get the timely justice in more Pakistan. ex-Attorney General of Pakistan; affordable manner. Mr. Salman Talibuddin, Advocate On this occasion, Honorable Mr. General, Sindh; Dr. Syed Fiaz The Honorable Chief Justice Justice Ahmed Ali M. Shaikh, Shah, Prosecutor General, Sindh; Supreme Court of Pakistan, Chief Justice, High Court of Sindh and Mr. Syed Mumtaz Ali Shah, Mr. Justice Gulzar Ahmed in his presented a memento shield, Chief Secretary, Sindh. address expressed his pleasure traditional Sindhi Topi and Ajrak and shared that it was good to see to Honorable Mr. Justice Gulzar The ceremony was concluded a project of such a big complex Ahmed, Chief Justice of Pakistan. with the vote of thanks from Mr. with remarkable facilities for SJA Muhammad Shahid Shafiq, to be constructed here at Karachi. Thereafter, Honorable Mr. Justice District & Sessions Judge / Senior He also hoped that the province Ahmed Ali M. Shaikh, Chief Faculty Member, SJA. of Sindh will definitely be going Justice, High Court of Sindh also to avail tremendous benefit out presented a memento shield to 84 Annual Report | Year 2020
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RESEARCH MATERIALS Annual Report | Year 2020 85
RESEARCH MATERIALS HANDBOOKS, GUIDELINES & TRAINING MANUAL Sindh Judicial Academy arranges methodology, training curriculum pre-service and in-service training and programs. While designing programs for justice sector the document, the best practices stakeholders in particular for in others provinces & national and judges working at district level. The international training institutions academy previously used to arrange have been over viewed. five weeks Training program for newly appointed Additional District & Sessions In the curriculum, academic subjects Judges, however, keeping in view of such as civil, family, and criminal law the need, a Seven-Week program have been incorporated and at the has been designed under the able same time, other subjects such as guidance and advice of Hon’ble Mr. judicial biases, time management, Justice Muhammad Ali Mazhar, stress management and gender Judge High Court of Sindh, Acting sensitization, building personality, Director General, Sindh Judicial interpretation of law, administration Academy. of justice have also been added.
A formal handbook has been It is expected that the process designed which reflects training of finalization / approval of the objective, general code of conduct, guidelines will be completed during assessment mechanism, teaching first quarter of 2021.
A handbook of Training guidelines & The guidelines & instructions Instructions for newly appointed Civil have been designed after having Judges & Judicial Magistrates was consultation and deliberation with designed under the kind directions stakeholders. Senior Judicial officers and guidance of Hon’ble Mr. Justice have reviewed it and their valuable Muhammad Ali Mazhar, Judge input was inserted while finalizing the High Court of Sindh Acting Director document. General, SJA. The guidelines & instructions contain all necessary information which are essential for arranging and conducting pre-service training program. It includes general instructions, code of conduct, assessment mechanism, and time schedule. The guidelines shall facilitate the trainees and trainers as well.
A Guide for Effective Investigation and international obligations, in Prosecution of Money Laundering and particular, FATF (Financial Action Terrorism Financing in Pakistan was Task Force) methodology. A brief developed for Investigation Officers discussion on Pakistan’s progress and Prosecutors. This Guide was on FATF has also been discussed developed in collaboration with for the assistance of Investigation Research Society of International Officers and issues relating to Law (RSIL, Pakistan). It contains terrorism financing including raising 11 Chapters and a few forms which funds and their movement through may be used for requesting to money laundering have been foreign jurisdiction to preserve and highlighted. provide necessary evidence. Important resolutions of UN The Guide contains an overview Security Council relating to AML of terrorism financing and money & CTF have also been discussed laundering. It talks about global alongwith National laws such as legal frame work to respond Anti-Terrorism Act, 1997 and Anti- Money Laundering Act, 2010. 86 Annual Report | Year 2020
Under the wise guidance of the Investigation Officers who deal with Hon’ble Director General; Sindh cases of children in conflict with Judicial Academy is involving law. This handbook shall help them all the stakeholders to play their to know about the procedure for respective role effectively. A series arrest, detention, bail, determination of training programs have been of age and trial86 in the Court of planned for judges and prosecutors Juvenile specially designated by in which selected judicial officers Hon’ble High Court of Sindh. and prosecutors will improve their knowledge and skills. The concept This training handbook provides of Juvenile Justice Committee is a diversion mechanism and post- new in criminal justice system of trial actions to be observed by Pakistan and therefore it has been justice sector stakeholders. It shall discussed with some detail aiming facilitate both trainers and the to develop better understanding of trainees. stakeholders.
This Handbook for Child Courts has been designed for the assistance of Magistrates, Prosecutors and
Like other South Asian Countries, It will familiarize readers with the Pakistan’s Justice System is facing newly amended law, i.e., Section many challenges and one of them 89-A & B, and Order X of the Code is an excessive backlog of cases. of Civil procedure, 1908. Also, it will Several suggestions are given to end develop an understanding of how this problem but the most effective to assess whether or not a plaint is and proven throughout the world is suitable for mediation. ‘Mediation’. This handbook defines the This Handbook on Mediation Law has procedures for referring cases for been designed to facilitate Judges mediation and also familiarizes and Lawyers on the subject. It will the readers with the procedures of serve as a guideline and discuss handling applications filed under the exact scenarios that Judges and section 89-B of the Code of Civil Lawyers face in Civil Courts daily, Procedure, 1908. guiding them on how to proceed according to the new amendments in the Sindh Law relating to Alternative Dispute Resolution (ADR). The Sindh Judicial Academy is This Manual on Supply of Documents performing the functions according to the Accused, is the first of its kind to the Sindh Judicial Academy Act, and it addresses a specific step of 1993. One of the featured functions court related procedure. This would is to provide legal orientation/ empower and equip the judges, continuous education & training prosecutors and lawyers on all the to members of the subordinate steps and relevant documents, judiciary. sections and cases law with a view to assisting them in the identification Sindh Judicial Academy has of judicial, legal and ethical developed several manuals and challenges in their daily work, and reading materials under the able in resolving them in line with the guidance & supervision of Hon’ble relevant rules and standards of Mr. Justice Muhammad Ali Mazhar, conduct. This Manual specially Judge High Court of Sindh and aims to assist judges in imparting Acting Director General, Sindh their duties and functions efficiently. Judicial Academy. The ultimate goal Moreover, it would further help the of these educational resources and judicial system to enhance the trust activities is to strengthen the legal and confidence of our citizens and fraternity and judiciary through litigants. correct legal procedures. Annual Report | Year 2020 87
RESEARCH MATERIALS
Forensic Evidence is an important factor in criminal investigation. Superior Courts in their verdicts has given much weight to it. Forensic Evidence becomes more valuable when evidence on ocular account is not available with the Investigation Officer.
Although, legislation have facilitated the experts by exempting them from personal appearance before the courts for producing reports which Investigation Officers may submit as provided under section 510 Cr. PC. However, at times, forensic reports become difficult to understand and interpret. Therefore, Sindh Judicial Academy has developed a guide - Handbook of Forensic Reports, wherein, few important forensic reports have been reproduced with some explanation.
In introductory remarks, relevant case law and provisions of laws have been referred to, whereby, superior courts have considered the Forensic evidence as a supportive circumstantial evidence. Different columns and sections of various types of Forensic reports alongwith terminologies used have been explained in detail.
All stakeholders of Justice sector (including Judicial Officers, Investigation Officers, Prosecutors, and Lawyers) may seek assistance from this handbook. 88 Annual Report | Year 2020
RESEARCH MATERIALS
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Sindh Judicial Academy in the administration of justice. The Fifth module is an effort collaboration with Huqooq-e- to sensitize all stakeholders Pakistan (a joint initiative by the In the Second module, Impact of justice sector on the rights European Union and Ministry of of International Human Rights of victims and the witnesses. Human Rights Pakistan) developed Law on the Constitution, National Relevant UN Conventions, six modules on different elements and Provincial Legislations are International and provincial laws of the subject. The objective of discussed. and their possible implementation these modules is to convey a basic mechanism are discussed in detail. knowledge of, and skills in, the Whereas, in the Third module, Implementation of International guidance regarding Application of The topic of Sixth module is Law and International Human Human Rights within the Criminal Incorporating Human Rights Rights Law to Judges, Prosecutors Justice System of Pakistan is Principles in Judgment Writing. This and Lawyers – all legal professions provided. module is an attempt to sensitize without which there can be no truly judges working at the district level efficient protection of the rights of The Fourth module discusses on human rights issues, specifically the individual at a domestic level. the Courts’ role in the context of on how they should respond to observing Human Rights standards such issues through their judgment In the First module, an exhaustive during the course of pending writings. This module focuses on introduction discusses on adjudication. It is divided into three one critical area of a Judge’s work International Human Rights Law, Chapters; the first chapter deals so that they may use their acquired standards and practices. It provides with legal aid and its mechanisms; knowledge and translate it onto a general introductory survey of the second chapter revolves around paper in the form of a judgment. the basic notions of International dispensation of Justice and; the Moreover, a separate Manual Law and Human Rights Law, whilst last chapter is about Administration for the Facilitators and a the remaining modules will contain of Justice, which focuses greatly Facilitators Toolkit have also more detailed information and on Pakistan’s commitment to been developed to assist in the analysis of human rights standards International Law and Superior exercise of Human Rights and the that are of particular relevance to Courts judgments on the subject. Criminal Justice System in Sindh. f Annual Report | Year 2020 89
01 SJA TEAM
02 I.T DEPARTMENT
03 CLASSROOMS & E-LEARNING
COURT - ANNEXED 04 MEDIATION CENTRE, SJA
PERFORMANCE REPORT 05 YEAR-2020
06 FINANCE OF THE ACADEMY YEAR-2020
07 TRAINING MATRIX YEAR-2020
08 VISITING FACULTY MEMBERS YEAR-2020
UPCOMING ACTIVITIES 09 YEAR-2021 THE ACADEMY AT A GLANCE THE ACADEMY AT 90 Annual Report | Year 2020
THE ACADEMY AT A GLANCE
THE ACADEMY90 AT A GLANCE
OUR TEAM: The I.T department is also The SJA team consists of committed managing two e-learning academicians as well as excellent management systems (LMS): administration support officers having a blend of institutional - A dedicated e-Learning facility Hon’ble Mr. Justice M. Ali Mazhar, education and field experience. comprising of 20 desktop computers Judge High Court of Sindh and Acting was installed in collaboration Director General, SJA with UNODC. More than 90 I.T DEPARTMENT: courses are already available in The I.T department of Sindh Judicial the facility with pre-assessment Academy ensures the effective and post assessment analysis. and efficient use of Information Technology in enabling the - The other system called ECAPRI organization to achieve its goals. was donated by British Council. It is not only used in local area Mr. Muhammad Shahid Shafiq, The department is also responsible District and Sessions Judge/ network but can be utilized online Senior Faculty Member, SJA for I.T. training to the Judicial through world wide web 24/7. Officers in order to equip them with tools of data processing to make The I.T. Expert/Faculty Member is the them ready to face the upcoming head of I.T Department who reports challenges of the modern world. to the Honorable Director General of Academy. His job is to ensure The department is also responsible the effective and efficient use of I.T. for developing and maintaining Mr. Aftab Ahmed Bajwa, the official website www.sja.gos. He is also responsible for designing Commander (R) PN pk of the Academy. The official course outlines on the basis of duration, Administrative Officer, SJA Twitter account @AcademySindh expertise and level of audience. is also periodically maintained by the I.T department. Moreover, the Additionally, he is also assigned department is also maintaining and the tasks of writing, preparing updating its official Facebook page and publishing the Newsletters, www.facebook.com/official.sja.page. Annual Reports, Short Reports, Minutes of Meetings, and Mr. Mohammad Murtaza Khan, The I.T. department has developed Reporting of the Events etc. I.T Expert, SJA following modules: • Contact Management System • File Management System CLASSROOM: • Schedule Management System • Result Management System • Inventory Control
The department is also responsible Mr. Nizam Uddin Nagri, for developing and maintaining the Librarian, SJA local area network; whereas, recently all the networks are upgraded to modern GPON technology.
It is also maintaining audio/visual equipment and proceedings. The biometric attendance Establishment of e-Classroom Mr. M. Asif, machine and system are also for distant learning through Video Accounts Officer, SJA managed by the I.T. department. Conferencing is beneficial in many Annual Report | Year 2020 91
ways. It is a real time audio/ for collaborative video, voice & All England Law Reports, Corpus visual contact among person to data conferencing, interactive Juris Secundum, Halsbury’s person, department to department, white-boarding, screen sharing, Laws of England, Reported institution to institution. On one annotating, polling, recording, Judgments of the Supreme Court hand, it curtails the traveling saving, remote management etc. of U.S.A., 72 volumes of Words expenses and time elements and Phrases and also up-to- as well as establishes personal LIBRARY: date editions of Law digest etc. contacts with nominal cost. The Academy has established The Library is also equipped with a fully equipped/air-conditioned. 04 computers having internet The Academy has up-graded Library having law books on connections. We are using DD its conventional classrooms Substantive laws, Procedural laws, system of Library organization. to e-Classroom facility. Two Reference section, Encyclopedias, modern OneScreen® hardware up-to-date copies of Law reports In future, we are planning to make & software solutions are installed viz PLD, SCMR, P.Cr.LJ., AIR, our library accessible online. SJA LIBRARY ROOM SJA LIBRARY
Following is the book development status of Sindh Judicial Academy Library. In the Academic Year 2020 the Sindh Judicial Academy Library has added 78 books in the Part of Library.
S. No. Date Accession Number Year Wise Addition of Books Total Books
1 29-10-2002 to 29-12-2002 1-1649 2002 1649 1649 2 30-12-2002 to 19-12-2003 1650-3140 2003 1490 3140 3 08-01-2004 to 15-10-2004 3141-3450 2004 309 3450 4 03-01-2005 to 21-12-2005 3451-3592 2005 141 3592 5 28-02-2006 to 18-01-2007 3593-3700 2006 107 3700 6 18-01-2007 to 23-01-2008 3701-4201 2007 500 4201 7 23-01-2008 to 12-09-2008 4202-4559 2008 357 4559 8 12-09-2008 to 06-12-2009 4560-4823 2009 263 4823 9 06-12-2009 to 16-08-2010 4824-5059 2010 235 5059 10 13-01-2011 to 06-06-2011 5060-5189 2011 129 5189 11 22-02-2012 to 20-12-2012 5190-5327 2012 137 5327 12 17-01-2013 to 10-01-2014 5328-6683 2013 1355 6683 13 11-01-2014 to 09-01-2015 6684-7516 2014 832 7516 14 10-01-2015 to 13-12-2015 7517-7676 2015 159 7676 15 13-12-2015 to 04-10-2016 7677-7775 2016 98 7775 16 01-12-2016 to 03-11-2017 7776-7870 2017 94 7870 17 08-01-2018 to 08-12-2018 7871-8284 2018 413 8284 18 28-01-2019 to 15-04-2019 8285-8360 2019 75 8360 19 11-06-2020 to 09-11-2020 8361-8439 2020 78 8439 92 Annual Report | Year 2020
THE ACADEMY AT A GLANCE
COURT - ANNEXED MEDIATION92 CENTRE, SJA The first Court - Annexed Mediation SJA also conducted several Centre was established at Sindh training programs for Judges Judicial Academy, Karachi. After and Lawyers on Mediation Law, its establishment, various visits thereby, sensitized them with the and meetings were made with knowledge based on the benefits District Judiciary of Sindh. In year and advantages of mediation process. As a result, the Judges 2020, SJA continuously pursued started sending cases to the as well as effectively facilitated Mediation Centres. the successful establishment of 03 more Mediation Centres i.e Following is the status of cases at District Malir, Hyderabad and dealt at Court - Annexed Mediation Sukkur. Centre, SJA in year 2020:
S. Ref. Court Received on Case No. M. Case Plaintiff Defendant Remarks No. Date 1. 12th Sr. C.J 19-02-2020 C.S # 01/2020 Mr. Jameed Chief Secretary Case returned to concerned (E) Karachi 2190/19 Ahmed Channa court on 22/02/2020 2. 2nd Sr. C.J C.S # 841/17 02/2020 Mr. Umer Inam Fix for mediation on (E) Karachi 06/06/2020 3. 1st Sr. CJ (S) 08-10-2020 C.S. No.735 35/2020 Kashif Farooq Aftab Ahmed Transferred to Ms. Navin Karachi of 2020 Merchant Advocate on 19-10- 2020 4. 11th Sr.C.J. 09-10-2020 C.S. No.189 36/2020 State Life M/s. Comstar Case returned to concerned (S) Karachi of 2014 Insurance Corp. court with original R&Ps on 03-11-2929 5. 2nd Sr.C.J. 13-10-2020 C.S. No.731 37/2020 Zulfiqar Ali Mir Ahmed Case returned to concerned (S) Karachi of 2019 court on 24-11-2020 6. 1st Sr. C.J. 15-10-2020 C.S. No.1074 38/2020 Akif Khawaja Usman Ghai & Successful on 24-11-2020 (S) Karachi of 2017 others 7. 1st Sr. C.J. 16-10-2020 C.S. No.290 39/2020 Mohiuddin Farid Siddiqui Case returned to concerned (S) Karachi of 2019 court on 27-10-2020 8. 13th Sr.C.J 16-10-2020 C.S.No.1325 40/2020 Zafar Siddiqui Case returned to concerned (S) Karachi of 2018 court on 25-11-2020 9. 11th Sr.C.J 19-10-2020 C.S.No.996 of 41/2020 Madiha Kashif Muhammad Case returned to concerned (S) Karachi 2018 Rafiq & others court on 24-11-2020 10. 14th Sr.C.J 21-10-2020 C.S.No.412 of 42/2020 Jahangir Hussain Muslim Noo- Case returned to concerned (W) Karachi 2020 er-ul-Islam court on 26-10-2020 11. 11th Sr.C.J 21-10-2020 C.S.No.935 of 43/2020 Abdul Rehman Anum Hashmi & Case returned to concerned (S) Karachi 2018 others court on 26-10-2020 12. 11th Sr.C.J 21-10-2020 C.S.No.981 of 44/2020 Muhammad Zubaina & Case returned to concerned (S) Karachi 2018 Anum Hashmi others court on 26-10-2020 13. 16th Sr.C.J 26-10-2020 C.S.No.935 of 45/2020 Mohibullah M/s. Team Case returned to concerned (W) Karachi 2018 Freight Manage- court on 27-10-2020 ment 14. 1st Sr.C.J (S) 27-10-2020 R.C.No.909 46/2020 Tasneem Shahid Javed Iqbal Go- Case returned to concerned Karachi of 2019 har & others court on 25-11-2020 15. 1st Sr. C.J. 15-10-2020 C.S. No.1074 47/2020 Akif Khawaja Usman Ghai & Duplication of Serial No.38 (S) Karachi of 2017 others 16. 3rd Sr.C.J (W) 02-11-2020 C.S. No.2445 48/2020 Grace Marketing ICI Pakistan & Case returned to concerned Karachi of 2019 another court on 09-11-2020 17. 11th Sr.C.J. (S) 04-11-2020 C.S. No.417 49/2020 Muhammad Ali M/s. R&H Enter- Pending Karachi of 2019 Hakro prises & others 18. 11th Sr.C.J. (S) 04-11-2020 C.S. No.418 of 50/2020 Zaheerudding M/s. R&H Pending Karachi 2019 Mujahid Enterprises & others 19. 1st Sr.C.J. (S) 04-11-2020 C.S. No.237 of 51/2020 M/s. Shangrila Masood Ahmed Case returned to concerned court on Karachi 2018 Apartment Welfare Khan & others 18-11-2020 Assocaition 20. 2nd Sr.C.J. (S) 06-11-2020 C.S. No.1080 of 52/2020 Naseebullah Saadullah Case returned to concerned court on Karachi 2019 10-11-2020 Annual Report | Year 2020 93
THE ACADEMY AT A GLANCE SINDH JUDICIAL ACADEMY PERFORMANCE REPORT 2020
Sindh Judicial Academy has achieved unprecedented milestones during year 2020. Once again the Academy engaged all stakeholders for conducting training programs simultaneously for Judicial Officers, Public Prosecutors, Police Officers and Lawyers. The comparative performance charts of the Academy are presented below:
PERFORMANCE REPORT FROM 2014 TO 2020, SINDH JUDICIAL ACADEMY 94 Annual Report | Year 2020
THE ACADEMY AT A GLANCE SINDH JUDICIAL ACADEMY PERFORMANCE94 REPORT 2020
TRAINING/WORKSHOPS AND NUMBER OF PARTICIPANTS FROM 2014-2020 Annual Report | Year 2020 95
THE ACADEMY AT A GLANCE FINANCE OF THE ACADEMY
The Grant-in-aid by the Government of Sindh is the source to meet financial requirements of theAcademy. During the calendar year 2020, the summary of expenditures incurred by Academy is as under: SINDH JUDICIAL ACADEMY STATEMENT SHOWING EXPENDITURE DURING THE PERIOD FROM 01-01-2020 TO 31-12-2020 S. Primary Units of Appropriation Total Expenditure During No. Calendar Year 2020 1 Salary of Officers 8,512,375 2 Salary of Staff 14,356,148 3 Medical 1,543,392 4 Telephone 40,963 5 Gas 107,170 6 Electricity 1,027,808 7 Electronic Communication 200,900 8 Postage & Courier 7,391 9 Water 131,320 10 Fuel (P.O.L) 143,368 11 T.A/ D.A - 12 Honoraria to Guest Speakers 1,210,750 13 Honoraria to Staff - 14 Stationary 302,909 15 Printing & Publication 183,305 16 Conference/Seminars/Workshops - 17 Books 11,470 18 Uniform & Protective Clothing - 19 Advertisement & Publicity - 20 Contribution & Subscription 103,762 21 Entertainment/Meal for Trainees 1,268,751 22 Conveyance Charges - 23 Transportation Charges - 24 Professional Charges - 25 Janitorial 38,197 26 Others 186,031 PURCHASE PHYSICAL ASSETS 27 Purchase Machinery & Equipment - 28 Purchase Furniture & Fixture - 29 Purchase I.T Equipment - 30 Purchase Others 14,000 REPAIR & MAINTENANCE 31 R & M Transport/Vehicle 28,483 32 R & M Machinery and Equipment 246,002 33 R & M Furniture and Fixture - 34 R & M Building 17,445 35 R & M I.T Equipment 34,900 GRAND TOTAL: 29,716,840 96 Annual Report | Year 2020
THE ACADEMY AT A GLANCE SINDH JUDICIAL ACADEMY 96 TRAINING MATRIX FOR THE YEAR 2020
JUDGES
Total No. of S. No. Target Audience Program Title Training Days Participants 1. Judges E-Learning Module under E-Capri June 2020 25
2. ATC Judges Online Consultative Meeting (Tailoring One Day 30 the South Asia Regional Toolkit for 23-06-2020 Judges of Sindh 3. Consumer Courts Judges Online Training Program for the One Day 29 Consumer Courts Judges 27-06-2020 4. Judges E-Learning Module under E-Capri July 2020 25
5. Sr. CJs (Batch-01) Training Program on Mediation Law Two Days 24 28-09-2020 to 29-09-2020 6. Family Judges & Sr. CJs Training Program on Mediation Law One Day 30 (Batch-02) 12-10-2020
7. CJ&JMs and Sr. CJs Training Program on Mediation Law One Day 30 (Batch-03) 14-10-2020 8. CJ&JM Training on Cyber Crimes One Day 20 17-10-2020 9. Judicial Officers and Training Seminar on Mental Health & Two Days 47 Advocates Forensic Psychiatry for Legal System 03-12-2020 to 04-12-2020 10. DSJs and AD&SJs Capacity Building Workshop on Gender Two Days 30 Based Violence (GBV) cases for GBV 07-12-2020 to Courts 08-12-2020 ADVOCATES
11. Advocate (Batch-01) Advocacy training program for the Members of Five Days 42 the Bar Association (Karachi)
12. Advocate (Batch-02) Advocacy training program for the Members of 28-01-2020 to 06-02-2020 43 the Bar Association (Malir)
13. Advocates Certificate course on pleading and conveyancing Five Days 17 (Family Court Trial and Muhammadan Law) 14. Advocates (Batch-03) Advocacy training program for the Members of 13-02-2020 to 18-02-2020 33 the Bar Association (Moro) (Batch-03) 15. Advocates (Batch-04) Advocacy training program for the Members of Eight Days 49 the Bar Association (Hyderabad) 16. Advocates (Batch-04) (Two Days per week) 27
17. Advocates E-Learning Module under E-Capri 14-02-2022 to 07-03-2020 28
18. Members of KBA Online Training Program for the One Day 36 Members of KBA 04-07-2020 19. Members of KBA Online Training Program for the One Day 30 Members of KBA 21-07-2020 20. Members of KBA Online Training Program for the One Day 25 Members of KBA 22-07-2020 Annual Report | Year 2020 97 21. Members of KBA Online Training Program for the One Day 20 Members of KBA 23-07-2020
22. Members of KBA Online Training Program for the One Day 34 Members of KBA 29-07-2020
23. Members of SHCB, Online Training Program for Bar Two Days 35 Balochistan HCB, KBA, Associations 04-09-2020 to DBAs Hyderabad & 05-09-2020 Jacobabad 24. Members of SHCB, KBA, Online Training Program for Bar Two Days 35 DBAs Malir, Kashmore, Associations 08-09-2020 to Kandhot, Ghotki & Hyder- 09-09-2020 abad 25. Advocates/Members of Online Advocacy Training Program on One Day 50 SHCB, KBA, DBAs Malir, Banking Laws for Members of the Bars 29-09-2020 Kashmore, Kandhkot, Ghotki & Hyderabad 26. Advocates/Members of Training Program on Recording of Three Days 40 SHCBA (Batch-01) Evidence through Commission 01-10-2020 to 05-10-2020 27. Advocates/Members of Training Program on Recording of Three Days 40 SHCBA (Batch-02) Evidence through Commission 15-10-2020 to 17-10-2020 28. Advocates/Members of Online Advocacy Training Program One Day 25 the SHCBA and DBA 24-10-2020 Hyderabad 29. Young Lawyers Members Advocacy Training Program for Young Two Days 31 of SHCBA (Batch-01) Lawyers 26-10-2020 to 27-10-2020 30. Advocates/Members of Online Advocacy Training One Day 90 the DBA Sanghar Program 29-10-2020 31. Young Lawyers (Members Advocacy Training Program for Young One Day 31 of DBA Hyderabad) Lawyers (Batch-01) 02-11-2020
32. Young Lawyers (Members Advocacy Training Program for Young One Day 27 of DBA Hyderabad)) Lawyers (Batch-02 03-11-2020 33. Young Lawyers (Members Advocacy Training Program for Young One Day 31 of DBA Hyderabad) Lawyers (Batch-03) 04-11-2020 34. Young Lawyers (Members Online Advocacy Training Program One Day 35 of DBA Matiari) 04-11-2020
35. Young Lawyers (Members Advocacy Training Program for Young Two Days 30 of SHCBA Karachi) Lawyers 07-11-2020 to (Batch-02) 09-11-2020 36. Advocates/Members of Training Program on Recording of Evi- Three Days 39 SHCBA (Batch-03) dence through Commission 12,13 & 16-11-2020
37. Young Lawyers (Members Advocacy Training Program for Young Two Days 34 of SHCBA Karachi) Lawyers 25-11-2020 to (Batch-03) 26-11-2020 38 Advocates/Members of Advocacy Training Program of the Mem- One Day 29 the SBC and KBA bers of SBC & KBA 01-12-2020
39. Advocates/ Members of Advocacy Training Program for the One Day 37 the SBC and KBA Members of SBC & KBA 02-12-2020
40. Advocates/ Members of Advocacy Training Program for the One-Day 37 the SBC and KBA Members of SBC & KBA 03-12-2020 41. Advocates/Members of Training program on Mediation Law One Day 32 the SHCBA 12-12-2020 42. Young Lawyers (Members Advocacy Training Program for Young Two Days 24 of SHCBA Karachi) Lawyers 28-12-2020 to (Females) (Batch-01) 29-12-2020 98 Annual Report | Year 2020
POLICE INVESTIGATION OFFICERS AND PROSECUTORS (SINDH & BALOCHISTAN)
43. Police IOs and Prosecutors Training program for Police IOs and Ten Days 24 of Sindh & Balochistan Prosecutors 17-02-2020 to 98 26-02-2020 44. Prosecutors and Police IOs Six day Training Program Six Days 23 21-09-2020 to 26-09-2020 45. Police Officers & Basic training on AML & CTF Two Days 23 Prosecutors (Batch-01) 05-10-2020 to 06-10-2020 46. Police Officers & Prosecu- Basic training on AML & CTF Two Days 23 tors (Batch-02) 07-10-2020 to 08-10-2020 47. IOs / Asst. IOs (Batch-01) Basic Training Course for IOs of BLF One Week 25 19-10-2020 to 24-10-2020 48. Prosecutors and Police IOs Training Program for Prosecutors and Six Days 30 of Sindh Police IOs 16-11-2020 to 21-11-2020 49. IO/Ast. IOs of BLF Basic Training Course for IOs of BLF Ten Days 27 (Batch-02) 14-12-2020 to 23-12-2020 MISCELLANEOUS (HIGH COURT ESTABLISHMENT STAFF, EMPLOYEES OF MINISTRY OF LAW, STAFF OF SINDH JUDICIAL ACADEMY AND OTHERS 50. Staff Members of SHC Training for Staff Members of SHC Five Days 41 Establishment Establishment 02-03-2020 to 06-03-2020 51. HC Establishment Staff Training of HC Establishment (PA/PS) on One Day 19 (PA/PS) (Group-1) (CLMS) 25-09-2020
52. HC Establishment Staff Training of HC Establishment (PA/PS) on One Day 21 (PA/PS) (Group-2) (CLMS) 25-09-2020
53. HC Establishment Staff Training of HC Establishment (PA/PS) on One Day 20 (PA/PS) (Group-3) (CLMS) 26-09-2020 54 HC Establishment Staff Training of HC Establishment (PA/PS) on One Day 16 (PA/PS) (Group-4) (CLMS) 26-09-2020 55. Employees of Ministry Training on Information Technology and Two Days 53 of Law & Justice and its Ethics 28-02-2020 to Allied Dept. 29-02-2020 56. SJA Staff SJA Staff Training Program Two Weeks 12 01-09-2020 to 12-09-2020 57. Others E-Learning Module under E-Capri June & July 2020 12 SUMMARY: (TOTAL NUMBER OF TRAINEES IN THE YEAR 2020 CADRE WISE)
CADRE NO. OF TRAINEES
1. Judges 267
2 Advocates 1089 (Sindh High Court Bar Association, Balochistan High Court Bar Association, District Bar Associations: Karachi, Malir, Moro, Hyderabad, Jacobabad, Kashmore, Kandhkot, Matiari, Sanghar & Ghotki)
3. Police Investigation Officers and Prosecutors (Sindh & Balochistan) 175
4. Miscellaneous (High Court Establishment Staff (117), Employees of Ministry of Law (53), Staff of 207 Sindh Judicial Academy (12) and others (25)
Total: 1738 Annual Report | Year 2020 99 VISITING FACULTY MEMBERS (YEAR-2020)
Mr. Justice Ali Aslam Jafri Mr. Justice Nadeem Azhar Siddiqui Mr. Justice Hassan Feroze Mr. Anwar Mansoor Khan Syed Fiaz Shah Mr. Shaukat Hayat Principal SM Law College Former Judge SHC Former Judge SHC Former AGP / Advocate, SCP Prosecutor General Sindh Advocate, SCP
Mr. Ghulam Rasool Samoon Mr. Abdul Razzaq Mr. Saad Qureshi Mr. Javed Ahmed Keerio Mr. Khalid Hussain Shahani Mr. Tariq Mehmood Khoso D&SJ, Hyderabad Registrar, SHC, Karachi D&SJ, Banking Court D&SJ, Sanghar D&SJ, (Karachi East) D&SJ, (Mirpurkhas)
Mr. Abdul Naeem Memon Mr. Shahid Pervez Memon Mr. Ashok Kumar Dodeeja Dr. Chaudhary Waseem Iqbal Mr. Rashid Mustafa Solangi Mr. Haleem Ahmed Memon D&SJ, (Karachi West) D&SJ, Umerkot D&SJ, Labour Court-VI, Hyd D&SJ, Official Assignee, SHC D&SJ, (ATC) AD&SJ (Karachi, East)
Mr. Hatim Aziz Solangi Mr. Naveed Ahmed Soomro Mr. M Aslam Shaikh Mr. Zeeshan Manzoor Dr. Muhammad Arif Rajput Mr. Ashraf Yar Khan Additional Registrar, SHC AD&SJ (District Malir) AD&SJ (Karachi East) Additional Registrar, SHC Senior Civil Judge (Sujawal) Former Judge/Advocate, SHC
Mr. Moin Azhar Siddiqui Barrister Salahuddin Ahmed Mr. M. Akmal Wasim Mr. Muhammad Aqil Ch. Muhammad Jahangir Mr. Nazar Muhammad Laghari Advocate, SCP Advocate, SCP Advocate, SCP Advocate, SCP Director, CPD Punjab Consultant, Board of Revenue
Barrister Haseeb Jamali Mr. Faizullah Korejo Mr. Abdul Rasheed Mehar Ms. Valerie Khan Mr. Sharafat Ali Chaudhry Mr. Shakeel Molani Advocate, SHC Addl. Director (Cyber Crime, FIA) Director I.T, SHC Executive Director (GDP) Advocate, High Court Legal Research Cell Officer, SHC
Mr. Munir Ahmed Khaskheli Dr. Summiya S. Tariq Mrs. Naveen Merchant Barrister Jawwad Sarwana Mr. Anwar Kashif Dr. Asha Bedar Legal Research Cell Officer, SHC (MLO) Additional SP Surgeon Advocate, SCP Advocate, SCP President, PMA Gender Expert / Psychologist
Ms. Maliha Zia Lari Mr. Sodagar Ali Solangi Mr. Moula Bux Solangi Mr. M. Tariq Mughal Barrister Syed Shahbal Ali Mr. Abu Bakar Nauman Associate Director, LAS CJ/JM, SJA CJ/JM, SJA DSP, Sindh Police Training Advocate, SHC DPG, Punjab
Mr. Iqbal Hassan Khatti Mr. Arif Khan Mr. Sarmad Mahar, Mr. Shaikh Farooq Mr. Asif Samma Mr. Taqdeer Afridi P.S / Court Associate, SHC Deputy Director IT, SHC Programmer, SHC Court Associate, SHC Office Associate, SHC ASI, Sindh Police 100 Annual Report | Year 2020
THE ACADEMY AT A GLANCE
UPCOMING ACTIVITIES100 2021
1. In-Service training programs for approximately 300 Judicial Officers (Judges) 2. Training programs on Human Rights and Gender Sensitization for approximately 300 Participants 3. Police and Prosecutors Trainings for 10 batches 4. Two batches of 30 days internship program for young Advocates 5. General training programs for young lawyers, 5 batches of 30 participants each 6. Five training programs for 20 Advocates on Alternative Dispute Resolution 7. Training of Trainers for a batch of 20 Prosecutors 8. Five training programs each for 25 Prosecutors and Investigators
Publication of: • Curriculum and Training Guidelines for Additional District & Sessions Judges • Curriculum and Training Guidelines for Civil Judges/Judicial Magistrates • Training Module for Rent Controller • Training Module on Counter Terrorism Financing and Anti Money Laundering • Handbook on Mediation Law • Handbook on Juvenile Justice System Act • Practical guide on Criminal Trial 101 Annual Report | Year 2020
Sindh Judicial Academy, Judges Bungalow 1&2 Feroznana Bath Island, Clifton, Karachi www.facebook.com/official.sja.page [email protected] www.sja.gos.pk 021-99250629