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Address By Honourable Chief Justice – Press Note issued by Supreme Court of Pakistan


Honourable Judges

Director General, Federal Judicial Academy and learned course participants,

It is, indeed, a matter of immense pleasure to be here amongst you at the Certificate Awarding Ceremony of one-week training course on “the role of District and Sessions Judge/Senior Civil Judge, as being non- financial managers in Financial Management and other New Laws” for newly promoted District and Sessions Judges/Senior Civil Judges from all over Pakistan including Azad Jammu and Kashmir and Gilgit-Baltistan, being held in the Federal Judicial Academy (FJA), Islamabad, today.

2. Judicial education and skill development are regarded as prioritized activities of the judicial academies for enhancing the quality and promoting standards of justice. They are established as part of the judicial reform initiatives. In each country, judicial education academies have tried to address both internal and external challenges faced by its judiciary. Indeed, they generate experiences and lessons which are of great significance. However, this premier judicial education institute of the country, the Federal Judicial Academy, is not lagging behind in this regard. Since, its genesis in 1988, this Academy has rendered a yeoman’s service to the key stakeholders of judicial system in imparting judicial and legal education and also intellectualizing and updating them with new trends and skills in the world of judiciary.

3. In the last two years, the Academy conducted 44 courses and workshops and imparted training to its 1022 stakeholders, which include the judicial officers, law officers and the court personnel, hailing from all over Pakistan, AJandK and Gilgit-Baltistan, and during current calendar year, commencing from July, 2011, the Academy has organized 21 training courses and has trained 460 trainees as per its mandate.

4. In the words of globally acclaimed political economist and author Peter F Drucker, “Management is doing things right; leadership is doing the right things.” We should not and must not confuse bad management with destiny. Widespread poor management, mismanagement, non-transparency and non-accountability are considered as potential challenges to governance in any country. Regrettably, Moral hazard has become a defining characteristic of the public sector organizations in our country, as the taxpayer, through Government, is consistently and continuously called on to bait a host of public sector organizations long plagued by bad decision- making, weak management, poor planning and lax financial management and controls. More control is no remedy but increasing and enforcing transparency can never be wrong. Honesty and openness are after all the preconditions for value-creating plus-sum games.

5. Trustworthiness and justice are the two essential qualities identified for management candidates as described in the Holy Qur’an. In this context, the Holy Quran reads as:

Verily, Allah commands you to make over the trusts to those entitled to them, and that, when you judge between men, you judge with justice… (Ch.4:V.59)

Even management is encouraged to seek the opinions of others whenever important decisions are required: In the words of Holy Quran, it is highlighted as under:

And those who hearken to their Lord, and observe Prayer, and whose affairs are decided by mutual consultation, and who spend out of what We have provided for them… (Ch.42: V.39).

Once the Holy Prophet Hazrat Muhammad (SAW) was asked: “which are the best forms of income generation? He replied; “A man’s labour and every legitimate sale.”

6. Effective “Financial Management” has become extremely important in the context of a changing socio-economic environment around the globe. It is of vital importance to any state organization. At the same time, there is increasing demand of accountability for everywhere. Supporting efficient and sustainable public financial management is fundamental to the promotion of economic development, good governance, social progress and a rising standard of living for all Pakistanis.

The Constitution of Islamic Republic of Pakistan mandates, the National Treasury to ensure transparency, accountability and sound financial controls in the management of public finances.

7. In Islam, wealth is considered as a bounty of God and thus it is not scarce, for Allah says, “God is rich but you are poor” (Quran 47:38). What is actually scarce is the ability of mankind to utilize/explore the bounties of God, at any given point in time. On the other hand, God is rich, meaning that in actuality the bounties of God are limitless.

As a result, being a servant of God, Muslims should be professionals in whatever they, in so that, they may stretch their hands out over the world and all that is in it, Since God, has made them His representatives/deputies on earth. Being professionals, Muslims should follow the guidelines and injunctions of God in their respective professions.

The glorious Quran is very clear and precise on this issue. There are basically three components of an Islamic paradigm:

i) That as vicegerent, man should seek the bounties of the land that God has bestowed on humanity. From the wealth thus obtained he should enjoy his own share.

ii) That he should be magnanimous to others to use a part of the wealth so obtained also for the benefit of his own fellow-beings.

iii) That his actions should not be willfully damaging to his fellow-beings.

Human society in Islam is, indeed, based upon the validity of law, life and the validity of mankind. All these are natural corollaries of the faith. Islamic laws promote the welfare of the people by safeguarding their faith, life, intellect, property, human, natural, financial and environmental resources. And Allah Almighty again authorizes the Sunnah as the second source after the Holy Quran has mentioned in various verses, as He says, “He who obeys the Prophet (Muhammad SAW), has indeed obeyed Allah, but he who turns away, then we have not sent you ( O Muhammad) as a watcher over them.” (4:48 Al- Quran)

Indeed, these constitute the primary and pivotal source of Financial Management in Islam. However, the principles and values that are highlighted in the above verses, cannot be implemented unless, we understand and know their meaning and message.

8. Mr. Emily Perkins Bissell, noted American social workers and activist, has aptly said, “Great thoughts speak only to the thoughtful mind, but great actions speak to all Mankind.” In the light of these golden words when I look at the course content and the resource persons who shared their knowledge and expertise in this one-week orientation course, I feel that the participants of this course would have gained sufficient knowledge and skills in regard to “Financial Management of their affairs and they must also have been duly oriented with the new laws, such as, intellectual property, new trends in medical jurisprudence and art of judgment writing in criminal cases etc.

Such like development of course and orientation of judicial officers here at the Academy will go a long to achieve the avowed goals of democratization of knowledge, democratization of institutions, good governance, rule of law and overall development and growth in this society which is facing ample socio-economic problems, nowadays.

9. I am absolutely positive that with “self management” coupled with the ” Court Management”, “Case management” and the knowledge management’, of course, the knowledge on “Financial Management” and on the “New laws” which you have acquired here in the Academy, all of you can make a big difference, provided that you apply that knowledge earnestly and share it with others in the field, once you are back to your respective duty stations. Indeed, together, we can make a difference- we can mitigate the miseries of the litigant public and also we can manage and control the wastage of financial and other resources in this country.

10. It is an axiomatic truth that continuing Judicial Education is one of the important means to develop judicial competence and enhance quality of justice and the performance of the courts. Judges must actively develop their new skills and they also must learn about the new laws and emerging trends in the judiciary in this globalized world in order to be more competent, thus, the development of competence, in the case of the judge, must be a reward in itself.

This one–week course on “Role of District and Sessions Judges/Senior Civil Judges being Non-Financial Managers in Financial Management and other New Laws” definitely would have sensitized the participants in the course from the district judiciary of Pakistan to the issues and techniques associated with financial management in the district judiciary and also the emerging new laws and trends. That is, indeed, the need of the hour. This training would have offered the participants an opportunity for an in-depth reflection on an increasing task of Financial Management.

11. Remember: the nations always attain Progress and prosperity through better management and better leadership in all walks of life. The leadership which promotes practicality, innovativeness and high standards, because such leadership firmly believes that there is no other short cut to progress, prosperity and peace.

12. Before I conclude, let us join our nation in offering prayers for the safety of our brave soldiers, trapped under a huge avalanche, at the Gayari Camp Siachine. Tracing and rescuing them is an arduous task, as it is a difficult terrain with inclement weather.

Our prayers are with the soldiers and civilians who were trapped as well as the team of rescuers who are working in extremely harsh environment in sub-zero temperature. The nation is indeed proud of its valiant forces defending its borders.

God bless you all.

For more information, contact:
Shahid Hussain Kamboyo
Public Relations Officer
Supreme Court of Pakistan
Tel: +9251 920 4184
Fax: +9251 920 1001

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