MADHYA PRADESH STATE JUDICIAL ACADEMY,
HIGH COURT OF M.P., JABALPUR
Training Programmes conducted by the Academy in the year 2016
MPSJA serves to educate, train and groom members of District Judiciary in such a manner as to equip them with requisite up-to-date knowledge of laws and skills and also to inculcate and develop in them the qualities of a good Judge.
In all 38 Training programmes were conducted by the Academy in the year 2016 including Induction, Foundation/Orientation Programmes and Refresher courses for newly appointed and other Judges of all cadres.
In the year 2016 the Academy focused on following specialized programmes:
1. Programmes under Juvenile Justice (Care & Protection of Children) Act, 2015:
The Academy has conducted five programmes on Juvenile Justice (Care & Protection of Children) Act, 2015 in the year 2016. In these programmes 165 Judges of District Judiciary and 200 other stakeholders working under the Act were benefitted.
Three programmes were conducted exclusively for the Principal Magistrates of Juvenile Justice Boards after the enactment of the new Act, 2015 on 06.02.2016 & 07.02.2016, 16.07.2016 & 17.07.2016 and 17.07.2016 in the Academy.
In these programmes, discussion on age determination, enquiry u/s 14, speedy trial, various orders u/s18 of the 2015 Act, assessment and trial of heinous offences, important issues on apprehension, interim custody and bail, role of Probation Officer and SJPU, challenges faced by various stakeholders, rehabilitation and social reintegration with special reference to adoption and fundamental principles to be followed in administration of juvenile justice and protection of children.
Two Regional Conference on – Juvenile Justice & Capacity Building to ensure proper implementation of Law relating to Child were organized as a joint initiative of MPSJA, MPSLSA & UNICEF, MP under the guidance of Juvenile Justice Committee, High Court of M.P. on 26.11.2016 & 27.11.2016 and 10.12.2016 & 11.12.2016 at Indore and Gwalior, respectively in which all the duty holders under the Act such as Principal Magistrates, Juvenile Police Officers, Members of Child Welfare Committees, Probation Officers, Warden/Incharge of the various home, N.G.Os working under the Act participated and high ranking officers from the Police and Department of Women Empowerment, Government of MP also interacted with the participants alongwith the officers of the Academy. Each Regional Conference was attended by 150 participants each. The Conferences focused on identifying hurdles in the effective implementation of the provisions of the Act and finding solutions thereof.
2. Two days Workshop on – Claim Cases under Motor Vehicles Act & Key issues relating to appeals and revisions
A Workshop on the subject was held in the Academy on 20.02.2016 & 21.02.2016 in which 40 Additional District Judges participated. Lectures on assessment of compensation in death, injury and permanent disablement, proof of negligence, civil and criminal appeal/revisions, breach of insurance policy and doctrine of pay and recover were taken up and thereafter interactive discussions were held on the subject.
3. Workshop on Negotiable Instruments Act, 1881
Three workshops on – Negotiable Instruments Act, 1881 were held on 27.02.2016, 12.03.2016 and 05.11.2016 for the Judicial Magistrates working under the Act. In these programmes, 130 Judicial Magistrates were benefitted.
Legal provisions of offences u/s 138 of N.I. Act including procedural challenges, burden of proof/presumption/right to defend, Notice, Final Order/Judgment, Sentencing, Compensation and enforcement & Appeal, penal liability of Company/Firm and its Directors/ Offences by company were taken up alongwith open interactive discussion on Roadblocks in speedy trial and disposal of cases and solutions thereto.
4. Workshop on – Key issues of recent laws relating to Crime against Women & Children including Protection of Women from Domestic Violence Act, 2005
The Academy conducted three Workshops of day long duration on 05.03.2016, 19.03.2016 and 10.12.2016 in which Judicial Magistrates dealing with such type of cases participated. In these programmes 132 Judicial Magistrates were benefitted.
Lectures on salient features of the Act, 2005 and Rules, jurisdiction and procedure in application of section 12 of the Act, kinds of orders to ensure rights of women under the Act, enforcement of Court’s order, role of Protection Officers and other Agencies, recording of statement under section 164 CrPC, bail and salient features of Dowry Prohibition Act and offence under section 498-A IPC and proceedings under section 125 CrPC alongwith interactive discussions were held.
5. Workshop on Labour Laws
A two day long Workshop on Labour Laws was held for 18 Presiding Judges of the Labour Courts on 23.07.2016 & 24.07.2016. In the Workshop participants were enlightened on Key issues relating to cases under the Workmen’s Compensation Act, 1923, Role and conduct of Labour Court Judges in dispensation of justice, applicability of procedural law in Labour Court; Provision of Civil Procedure Code, 1908, Evidence Act, 1872, Limitation Act, 1963 and Court Fees Act, 1870 & Principles relating to natural justice, Payment of Wages Act, 1936/Minimum Wages Act, 1948, Industrial Disputes Act, 1947 & M.P. Industrial Relations Act, 1960, Judgment/order writing, Case Management and Court Management. Open interactive discussion for sharing best practices for finding out solutions for the problems faced by the Labour Court Judges and Member Judge, Industrial Courts were taken up.
6. Workshop on – Family Laws
Two Workshops on Family Laws were held in this year for the Principal Judges of Family Courts and Judges dealing with matrimonial cases on 06.08.2014 & 07.08.2016 and a Regional Conference on – Family Laws on 12.12.2016 for the Judges of Katni, Rewa, Satna, Shahdol, Sidhi, Singroli, Panna, Umariya, Raisen, Chhatarpur, Damoh, Jabalpur, Tikamgarh, Vidisha and Sagar. In these Workshops 76 Judges of District Judiciary were benefitted. The workshops focussed on various issues concerning the jurisdiction exercisable by Family Courts as well as to find out a common strategy so that cases relating to family disputes can be decided expeditiously through application of conciliation and mediation techniques.
Lectures on Jurisdiction and Procedure of Family Court, Mediation, custody of child and adoption, divorce on the ground of cruelty and desertion u/s 13 and issues u/s 13-B of the Hindu Marriage Act, 1955, Special Marriage Act, 1954 and The Divorce Act, 1869 were delivered. Discussions on restitution of conjugal rights, judicial separation and sections 25 and 27 of the Hindu Marriage Act, 1955 and Group Discussion and presentation on Maintenance, Temporary and permanent alimony and. Recovery of amount of maintenance and alimony were held.
7. Workshop on – Land Acquisition Act, 1894 including Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
A Workshop on the subject was conducted on 17.08.2016 and 18.08.2016 in the Academy, in which 40 Additional District Judges participated. The idea behind organizing this Workshop was to give a clear cut picture of the entire legal spectrum involved in the decision making process so that the justice delivery may be swift and speedier.
Lectures on Journey of land acquisition – From notification to Reference with special emphasis on changing patterns of compulsory land acquisition, From Reference to Award, Burden of Proof – Comparative Sale Method: Proof and admissibility of sale deed and Determination and apportionment of compensation and related issues were included.
The Workshop was mostly based on presentation by the participants as this methodology has been found to be more advantageous.
8. Workshop on – Cyber Laws & Electronic Evidence
With an objective to address the issues relating to cyber crime as well as looking to the fact that now-a-days evidence in form of electronic/digital evidence are adduced, the judges of the subordinate judiciary of the State were called for a two day Workshop on – Cyber Laws & Electronic Evidence in the Academy on 22.10.2016 & 23.10.2016. 45 Judges from the District Judiciary participated in the workshop. As the subject of the Workshop is distinct one and requires specialization to discuss the matter in efficient way, therefore, experts in the field were invited as Resource Persons.
Lectures on – What does Google stores? Retrieval vis-à-vis Ethical hacking, Mobile network, hardware and forensics, Storage media, retrieval of data from different type of storage media, E-mail forensics, Computing Technology & introduction to latest forensics investigation methods and Admissibility of Electronic Evidence alongwith Presentation & Discussion on:– Issues relating to release of electronic properties (Supurdgi), Compliance of S. 207 Cr.P.C. relating to
Electronic Evidence, Issues relating to Trial of Cyber Offences, Admissibility of Electronic Evidence and Recording and Appreciation of Electronic
9. Workshop on – Key issues and Challenges under N.D.P.S. Act, 1985
A two day Workshop on Key issues and Challenges under N.D.P.S. Act, 1985 was held on 19.11.2016 & 20.11.2016 in which 42 Special Judges dealing cases under the Act participated. Lectures on Introduction to Narcotic Drugs & Psychotropic Substances and issues relating to their analysis, investigation of offences, investigators perspective, remand, bail & Cognizance and best practices for trial of offences, custody, storage, pre-trial,post-trial disposal of property seized in criminal matters with special reference to Section 50 and Law relating to compliance under sections 55, 57 and other provisions were delivered. Discussions on – Law relating to search & seizure particularly on sections 41 to 45, 49 & 50 and Law of presumption were held.
10. Workshop on – Key issues and challenges under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
A two day Workshop on – Key issues and challenges under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was held on 03.12.2016 & 04.12.2016 , in which 40 Special Judges dealing cases under the Act participated.
Lectures on – Key issues relating to investigation, remand, bail and cognizance, new provisions incorporated by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Sentencing Policy and award of compensation to the victim of crime, an introduction to the Protection of Children from Sexual Offences Act, 2012, Conduct of trial in sexual offences with reference to Criminal Law (Amendment) Act, 2013, Working on new L.E. search Air Software and key issues relating to speedy trial of cases were delivered.
Discussion on post-conversion/post-migration status – Procedure regarding caste certificate, proof regarding caste and applicability of the Act, offences of atrocities u/s 3 and 4, requirement of mens rea for offences u/s 3 (2) (v), ambit & scope of protection available to the public servant and law relating to presumptions also took place.
11. Workshop on – Key issues under the Prevention of Corruption Act, 1988
A Workshop on – Prevention of Corruption Act, 1988 was held on 17.12.2016 & 18.12.2016 in which 43 Special Judges dealing cases under the Act participated. Lectures on key issues relating to sanction for prosecution, persons authorised to investigate, charge, proof and appreciation of evidence in trap cases, Electronic Evidence and tape recorded conversation with reference to corruption cases, Criminal misconduct pertaining to disproportionate assets, cases of disproportionate assets with reference to M.P. Civil Services (Conduct) Rules, 1965, Criminal Misconduct – What amounts to? Legal presumption in corruption cases and discharge of reverse burden by the accused were taken up.
Discussion and Presentation on the topics – Confiscation of property involved in corruption cases and Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 & Niyam, 2012, Scope of taking cognizance of offences under section 5 (1) of the Prevention of Corruption Act, 1988, Ambit and scope of expression ‘Public Servant’ under section 2 (c) of the Act, Extent of criminal liability regarding persons other than public servant, Precautions to be taken in issuance of search warrant were also made by the participants.
12. Workshop for District Judges
As the Principal District Judges are the role models of District Judiciary, their role is very crucial pertaining to administration of justice as well as for monitoring, supervising and controlling the administrative infrastructure of the District. So looking to the role and importance, a two day Workshop for all the District Judges of the State was organized on 15.10.2016 & 16.10.2016 in which apart from all the District Judges, some senior-most Special Judges who are to be promoted as District Judges in the near future of the State also participated. The number of participants in the workshop was 60.
Lectures on Role and responsibility of District Judges in assessment of work of subordinate Judges – Norms and requirement for writing ACRs, Issues relating to Judicial Infrastructure at district level (Court complex, Residence, Mediation centers, centralized Filing Counters, Furniture, Furnishings, maintenance etc. and Information Technology enablement – Role of District & Sessions Judges with special reference to CIS Software and utilization of hardware.
The Workshop aimed at providing the District Judges insight with regard to preparation of Budget, intricacies involved in Audit, issues relating to Purchase and Store. It also provided guidelines relating to preparation of Pension cases and Pay fixation with reference to Pension Rules and issues relating to GPF, GIS, withdrawal and advances. Experts in the field also addressed the issues relating to LTC and TA Rules. The matters relating to Departmental Enquiry and disciplinary proceedings was also addressed and discussed in the workshop.
13. Workshop for District Registrars and Protocol Staff
As the District Registrars of the Civil Court and Protocol Staff of the High Court have to work in co-ordination with each other, therefore, to acquaint with the nuances of their duties and also for enhancing their efficiency, a Joint Workshop for the District Registrars of the Civil Court and Protocol Staff of the High Court was conducted on 26.11.2016. The workshop was attended by 50 participants (25 District Registrars & 25 Protocol Staff)
Co-ordination with other departments while discharging protocol duties, Issues relating to GPF & GIS, withdrawal, advances, Leave Rules & T.A. Rules, Key issues relating to Preliminary and Departmental enquiry, an overview of the duties & responsibilities and general behaviour & attitude in protocol matters, Professionalism at Work Place, Official Correspondence and co-ordinating with District Judges, Chief Judicial Magistrates and District Registrars were the subjects taken up during the Workshop. For efficiently discharging their duties the participants were also enlightened about the importance of time management, self management and health management.
14. Programme on Professionalism at Work Place:
In the year 2016 four programmes on the subject were organised. One programme each at Indore and Gwalior Benches of High Court of Madhya Pradesh for the Registry Officers and officials posted at Benches and two programmes at the Principal Seat of High Court of M.P. for the officials. Total 825 participants were there in these programmes.
Development of professionalism is a continuing process and every officer and employee has to abide by the fundamental professional standards and workplace expectations. With this objective the Academy conducted two Workshops of two days duration each on 16.01.2016 & 17.01.2016 and 20.02.2016 & 21.02.2016 for the Registry Officers and Officials of the High Court of M.P., Bench at Indore and Gwalior, respectively for enhancing the effectiveness and excellence in their working .
The Academy conducted Workshop of one day duration for the Officials of the High Court at Principal Seaton 07.05.2016 as well as 08.05.2016 at Jabalpur for enhancing the effectiveness and excellence in their working.
Workshop for Ministerial Staff
15. Workshop for System Officers and System Assistants
A two day Workshop for System Officers and System Assistants working in the High Court and District Courts of the State was conducted on 13.02.2016 to 14.02.2016 in which 49 officials participated. Introduction Ubuntu 14.04 Basic Operating System Concepts— Why Ubuntu Linux — Features & benefits, Introduction National Core 2.0 Case Information system Software, National Core 2.0 Case Information system Software Working for 1 Filing Counter employee 2 Case Transfer by SW Sec. 3 Court Employee for Case Registration, Daily dairy Disposal & Judgment, etc., Networking LAN, WAN, SWAN, NIC-IP-10-Series , MPLS,VC, ADR VC, Jail VC, Site Preparation for NC 2.0 CIS Filing Counter, Talwana, Copying, Hardware, Ubuntu Server Installation & NC 2.0 CIS Installation, Backup etc., NC 2.0 CIS Court Working & Training, Thin Client Mini Win. Installation, NC 2.0 CIS Troubleshooting, Browser, keyboard setting etc., an Overview of e-courts Project, discussion on participants’ practical problems regarding implementation of e-courts Project was taken up.
16. Workshop for Trainers of subordinate staff of District Judiciary
The Academy conducted a five days Workshop from 26.03.2016 to 30.03.2016 to the Trainers of Subordinate staff of District Judiciary. This was the maiden programme for developing trainers to the ministerial staff of the District Courts. The objective behind organizing this workshops is as it is not possible for the Academy to conduct regular training programmes to all the Staff of the District Judiciary, therefore, 50 members from all the Districts (one from each district) were imparted training to develop them as trainers so that they can percolate their knowledge to the other Class III & Class IV employees of the district.
In the years 2012-2015, all the Ministerial staff of the District Judiciary was imparted training in their respective District Headquarters under the XIII Finance Commission Grants.
Lectures were arranged with the object to prepare them to properly understand their functions and to effectively discharge their duties as trainers in order to guide the other employees of the District and it was delivered on Rules pertaining to
drawing and disbursement, T.A., medical bills, pensionary benefits and post retiral benefits, pay fixation and GPF Rules apart from maintenance and making proper entries in the Service Book, language correspondence and drafting. They were apprised of proper procedure to be adopted in their day to day working in various sections, the new CIS System to be launched in the District Judiciary and Rules regarding Store Purchase, Tender Processes, hardware and management, duties of various section holders, Civil Reader and importance of time management, self management, health management and Professionalism at Work Place so that they can successfully discharge their duties.
17. Workshop for Advocates
Two Workshops for Advocates, each one of four days duration, were organised by the Academy; one from 09.01.2016 to 12.01.2016 at Ujjain and the second one from 13.08.2016 & 16.08.2016 at Jabalpur with the object to provide requisite skills and knowledge required for competing in the HJS exam as well as to improve their professional skills. In all 180 Advocates have benefitted through these workshops.
In these programmes, as per the mandate of “Concept Note on Judicial Education” prepared by National Judicial Academic Council in pursuance to the Resolution of Chief Justices’ Conference, 2016, the lectures of expert Guest Faculties were video graphed for being ported on the official website of State Judicial Academy for being used as video tutorials.
INFRASTRUCTURE DEVELOPMENT OF STATE JUDICIAL ACADEMY:
The construction of the new buildings of MPSJA at Jabalpur and Gwalior were completed. The furnishing of these buildings were undertaken in the year 2015 and the new building of MPSJA became operational. The Regional Training Centre of MPSJA will become operational in the year 2017. The new building of the Academy has 50 Guest Rooms, a spacious auditorium, a state of the art video-conferencing hall, a state of art Conference Hall, a library, a lecture hall, Stress Management Centre comprising well equipped gymnasium and Yoga Hall. The Academy has also an outdoor Auditorium and a beautiful garden. Pleasing ambiance and beautiful landscaping of the main building at Jabalpur would place MPSJA amongst the top Academies in India, infrastructure wise.