Civil Courts: All Civil Courts are subordinate to the High Court and subject to the general superintence and control of the High Court; the District Judge has control over all Civil Courts within the local limits of his jurisdiction. Yousuf v. Smt. Future appointments will be made in the same manner as those to the Supreme Court. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. A netpreneur, blogger and above all; A Human :) Asad tweets from @aghaasadharoon, Power,gas uninterrupted supply across Pakistan on polling day, MUZAFFARGARH: Election for PP-254 postponed due to death of Tehrike-Tahaffuze-Pakistans candidate Mahar Mushtaq Khatira, Major emitters must assist global clean energy transition: Sherry Rehman, President Arif Alvi stresses collective efforts to resolve economic issues, Four terrorists were killed by forces in Hoshab, FM Bilawal felicitates Dr. Bimala Rai Paudyal on becoming Nepals FM, President for realizing the full potential of Pak-China bilateral trade, PM Shahbaz Sharif urges Narendra Modi to have serious talks on Kashmir, Three names forwarded to Governor for Punjab Caretaker CM. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. The law is applicable to the whole of Pakistan. As we made it easy to get their documents notarized and attested from First Class magistrate uses for various prospects in Pakistan & for living aboard. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. These Courts are also civil appellate and criminal appellate courts. The Executive Magistrate is under the control of State Government. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. 2) if Registration has not been done within one year; the registration can be made any time by submitting the affidavit before the first class magistrate or Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1 November 1948, that is said to be the independence day of Gilgit Baltistan. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. This Act only provided for a jirga system in KPK but then in Baluchistan, the practice of Jirga system was quite common because its a custom there that the notables of area would decide various disputes concerning minor offences. Ltd. (www.compunode.com).Designed for Dawn. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. There is nothing illegal in doing so. Words to have same meaning as in Pakistan Penal Code. Executive Magistrates: a) District Magistrate. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Afaq Jahan,[5] the Court held that for the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. Judicial magistrate second class. There are numerous special tribunals such as; Almost all judges of above-mentioned courts and tribunals except for consumer courts are district and sessions judges or of having same qualifications. Save my name, email, and website in this browser for the next time I comment. Power to give directions. The writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. Prime minister has only ministerial power regarding the appointment procedure. 26. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan. No. [20] [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). If the Magistrate on an application under Section 156(3) Cr.P.C. What are the different classifications of law? Prior to 18th Constitutional Amendments, appointments to the Supreme Court of Pakistan were made by the President of Pakistan, on the recommendation of the Chief Justice of the Supreme Court. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. It has repealed the Juvenile Justice System Ordinance 2000. The age limit for the high court judge is minimum 45 years. The superior judiciary is composed of the Supreme Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. In this regard the Home Department Government of Sindh has issued a partially modified notification. The lame-duck administration is unable to take the tough decisions needed. Proceedings before the Qazi courts are according to the Civil Procedure Code. I am an active participant in moots and conferences. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Also Read: According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. The Election Commission has asked all Presiding The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. In certain jurisdictions designated as Rent Controller/Judge, Family Court. However, when no proper investigation is conducted despite the registration of FIR, a Magistrate as per section 156(3) of the Criminal Procedure Code, 1973 is empowered to order the investigation. This field is for validation purposes and should be left unchanged. Trial of offences under Penal Code. CIVIL JUDGE 2ND CLASS 1. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. The conclusive proof of age is Occification Test. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. No. All convictions awarded by judicial magistrates and convictions up to four years awarded by courts of assistant sessions judges or magistrates especially empowered under section 30 Cr.P.C. Your email address will not be published. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. It has a number of de jure powers which are outlined in the constitution, including appellate and constitutional jurisdiction, and suo moto power to try human rights matters. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. A notification issued by the ECP on Tuesday said the powers had been granted under Section 86A to in-charge officers of the armed forces of an area deployed for providing security inside and outside polling stations on the polling day. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). District judiciary or district courts exist in every district of each province, and have civil and criminal jurisdiction ordinarily governed by Civil Procedure Code,1908 for civil cases and by Code of Criminal Procedure in criminal cases. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. 3. Alternative Dispute Resolution (ADR) Centres, UK detains PIA crew over smuggling, ML charges, Role of Arbitration Councils and Mediation in Family Disputes, Report on Internal Human Trafficking 2022, One Day Workshop on Workplace Harassment in Karachi, Lahore, Islamabad, Vacancies: National Legal Incubation Center. The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. The provincial government that exercise administrative control over them appoints such officers. The administrative head of district judiciary is the 'district and sessions judge'. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Command the dispersal of any unlawful assembly. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. What are the powers of Judicial Magistrate of First Class? [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. [5] Mohd. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. In every town and city, there are numerous civil and judicial magistrates' courts. Section 4 of the JJSO authorizes the Provincial Government to establish one or more juvenile courts for any local area within its jurisdiction, in consultation with the chief justice of the high court. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. The case law has also been referred to. [16] Similar complained of more serious nature was made in November 2020 by Dr Sajida Ahmed Chaudhry, Additional District and Sessions Judge Fathejang complained to Chief Justice of Pakistan through open letter against culture of continued intimidating disrespect, harassment and threats of judges and women judges by Pakistani 'male' lawyer fraternity and bar associations. After passage of the 18th and 19th Constitutional Amendments, a new Judicial Commission (named Judicial Commission of Pakistan) and Parliamentary Committee were established for appointments. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. can cause a waste of time for clients as it may cause a dismissal or referral of Notify me of follow-up comments by email. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. [4][5], The independence of the Pakistani judiciary has changed over time. Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan. [3], Courts of Judicial Magistrate of First Class, Courts of judicial magistrate of first class, Courts of judicial magistrate of second class, National Judicial Appointments Commission, List of sitting judges of the Supreme Court, List of former judges of the Supreme Court, List of female judges of the Supreme Court, Courts of Judicial Magistrate of Second Class, https://en.wikipedia.org/w/index.php?title=Courts_of_Judicial_Magistrate_of_First_Class&oldid=1111089414, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 September 2022, at 07:18. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. The exams include various compulsory papers. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Be the first to review Notary Public & First Class Magistrate Attestation. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. Powers of Magistrate under section 156 (3) Cr.P.C. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Advertisement ISLAMABAD: The Election Notary Public & First Class Magistrate Attestation Service in Pakistan. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. Your email address will not be published. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Afaq Jahan, AIR 2006 SC 705. An investigation is done post FIR. Regardless of who emerges as the winner in Karachi, it is clear that the task for the new mayor of the megacity will be gargantuan. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. > | ~ y z { q` K bjbjqPqP m : : ! &. Therefore, its crucial to get your documents attested and Fikarfree can ease the process complications with you so that you can be free of anxiety. to require security for good behaviour from persons disseminating seditious matter, to require security of good behaviour from habitual offenders, to discharge sureties, to record statements and confessions, to tender a pardon to an accomplice, to order for maintenance of wives and children in case of neglect, Information to the Police and their Power to Investigate. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. The candidates who manage to pass the first test then undertake another test by NTS after which the successful candidates are chosen for the interview which is conducted by the five most senior judges of high court including chief justice of Sindh and candidate who manage to pass the interview are recommended for the post of civil judge and judicial magistrate who thereafter are appointed by the government of Sindh. 5. Poll body says it has instead given the powers to election officials who will be serving as in-charges. Extra security cover is being provided to polling stations described as sensitive and high sensitive. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. Subordinate judges are also promoted from senior civil judges on a seniority basis. No. The Federal Shariat Court of Pakistan was established in 1980 to scrutinize all Pakistani laws and determine if they conform to Islamic values "as laid down in the Quran and the Sunnah". In CBI v. State of Rajasthan & ors. There is also High Court in federal Capital Islamabad. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. or C.I.D., as is prayed for by the revisioner. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Director General of Autonomous Federal The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise powers of first-class magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898). The Judicial Commission of Pakistan consists of a total of nine members: the Chief Justice of Pakistan, four senior judges of the Supreme Court, a former Chief Justice or judge of the Supreme Court nominated by the serving Chief Justice in consultation with the four serving judges of the Supreme Court aforementioned, the Attorney General of Pakistan, the Federal Minister for Law and Justice and, one senior advocate nominated by the Pakistan Bar Council. Normality cannot be achieved without Pakistan itself becoming a normal country, and Washington shifting its focus of interest to the people, from the ruling elite. Civil and Family Appeals and Civil Revisions against the Judgements and orders of courts of senior civil judges, civil judges, rent controllers, and family courts are entertained by the court of district judge which transfers the same to additional district judges as well. There is a high court for the Islamabad Capital Territory and four provincial high courts. Unless otherwise stated, all content is According to the Section 11 of the ISLAMABAD, Aug 13: The Election Commission of Pakistan has authorised officers of the armed forces to be deputed at polling stations to exercise the powers of first class magistrate on Aug 22 when by-elections in 42 constituencies of the national and provincial assemblies will be held. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. This section does not deal with cases of the ordinary public nuisance but the cases where the urgency demands setting aside all the formalities to the making of an order. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). [16] Dr Sajida Ahmed Chaudhry has been quoted saying, ".if the district judges were supposed to be snubbed, abused, mentally and physically tortured by the lawyers during court hours but their honour and dignity could not be protected by the top judiciary, the district judges are ready to surrender their extra perks like cars, laptops, etc."[16], When the male as well as the female judges are harassed at our courts, I feel compelled and frustrated either to burn all my educational degrees one by one in front of the LHC or in front of the Supreme Court so that none of the girls among the 230 million population should dare to come and join judiciary,[16], According to Rubya Mehdi Pakistan Judiciary is quite corrupt to the extent that it is said in Pakistan that even walls of judicial offices seek bribes; in this scenario in spite of Islamic traditions did not favor female judicial officers still popular public opinion was in very much welcoming appointments of female judges since they were less approachable for corruption; and for the same reason Pakistani male advocates behave adversely to Pakistan's women judges since they find them difficult to be approached and bribed. The Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. Magistrates in group A category status with judicial powers are known as first-class magistrates. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. Trial of offences against other laws. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. The committee chooses from amongst serving or retired judges of the Supreme Court or the high courts or from amongst persons possessing the qualifications of judges of a high court. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Section 156(3) attempts to define powers briefly. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal remedies but this idea could not be implemented on a national level. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. Power of Magistrate to Order Registration of Case and Investigation Powers of Magistrate under section 144 Cr.P.C. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months' custody for a single offence and The court consists of a Chief Justice and sixteen other judges. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. The court consists of eight Muslim judges, appointed by the President of Pakistan, on the advice of a judicial committee of the chief justices of the Supreme Court and the Federal Shariat Court. ; but it is not intended to relieve of the duty of making a proper inquiry into the circumstances which make it likely that such breach of peace, etc., will occur. Quick Response Force of Pakistan Army would also be available to react to any eventuality. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. A Court white exercising revisional powers put itself into the position of the Court passing the impugned order and then examines the question and revises the order if need be. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. 5. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. Army pledges full support for upcoming polls. The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. They are Gilgit Baltistan and AJK. Judges of the Judicial Service are generally ignored during the selection while Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. their powers and jurisdiction are specified in the statues creating them. Courts of Judicial Magistrate of First Class. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Federal list, Provincial List, and Concurrent List. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] Civil Courts in Pakistan are established by the respective province under different laws titled the Civil Courts Ordinance 1962 which recognizes the following main classes of Civil Courts: Criminal Courts: The Criminal procedure in Pakistan is laid down in the Code of Criminal Procedure 1868, whereas the substantive law about definition about a crime and its punishment is found in Pakistan Penal Code 1860. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. A person can be appointed as Qazi if he possesses a Sanad/Dars e Nizami from a renowned Darul Uloom or if he is a law graduate from a recognized university. Many judges who were appointed were relatives of other Judges or Government officials. [2], According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. [1] A Magistrate is empowered to order the investigation for the offence only when he is empowered to take the cognizance of such offence under section 190 of the Code. In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment, High Court appointments suffered much the same criticisms as those to the Supreme Court. [2] According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. [3] Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India Court usually starts early in the morning, with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the judicial magistrates' courts and civil judges. The decisions of the court are binding on the high courts as well as the subordinate judiciary. It was held in the Kanak Singh v. Balabhadra Singh,[3] that very fact that the Magistrate passed the order for investigation under the sub-section without examining the complainant by itself is sufficient to hold that the Magistrate has not taken cognizance of the offence but the order was held not to be illegal and that the High Court could not prevent the police from investigating the offence under section 482. The attestation of the legal documents by the first class magistrate is usually required for visa processing as well as divorce related issues and other legal activities. The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 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However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. Federal Shariah Court: Federal Sharaih Courts have been established to examine and decide the question whether or not any provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and Sunnah of the Prophet (peace be upon him). Law Times Journal: One-Stop Destination for Indian Legal Fraternity. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. It is also the final Court of Appeal in matters arising out of cases decided by the High Courts, and in this capacity, it replaces the Judicial Committee of the Privy Council, sitting in London. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Required fields are marked *. Special Courts: Several special Courts and Tribunals have also been established through different laws to deal with specified matters such as Income Tax Tribunal, labour Courts, Family Courts, Rent Tribunals, Anti-Terrorism Courts, and Board of Revenues etc. The judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. The minimum age limit is 28 years but the government can relax the age restriction if it wants. copyrighted 2023 The Express Tribune. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. 27. It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. The order of Magistrate has necessarily to indicate the application of mind.[6]. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. I am Parul Soni student of B.B.A.LL.B (Hons.) MIRPUR - The powers of First Class Magistrate have been delegated to all the presiding officers in connection with the forthcoming elections of Azad Jammu and Kashmir Legislative Assembly to be held on July 25, ). In a notification, the electoral body said it has instead given the powers of first class magistrate in at least three polling stations to election officials who will be serving as in The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. Basically, efforts were being made to replace the current judicial system with the system of Qazi and Majlis e Shura as it was practiced in the early day of Islam. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. All Magistrates are subordinate to the Sessions Judge of their respective division. The power under section 156(3) of the Code can be exercised by the Magistrate even before he takes the cognizance provided that the complaint discloses the commission of a cognizable offence. In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . Law prescribes their powers and functions. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. Officers of the rank of Captains (within 3 to 6 years' service) and equivalents from defense services are also inducted (in three occupational groups; P.A.S, Police and Foreign Services) on allocated quota after recommendations of Chairman Federal Public Service Commission. Normally in capacity of judicial magistrate these courts have the powers to try all offences other than those which are specifically triable by Court of Session but maximum limit for awarding sentence of improvement is not more than three years. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. In civil capacity in the province of Sindh and Balochistan as a civil judge these courts have jurisdiction to entertain the claims of third-class suits having a pecuniary limit up to fifty thousand rupees. Notary Public & First Class Magistrate Attestation Service in Pakistan. ) superior law College ( Res arrest any person within his jurisdiction and can issue. Judge has had time to peruse the case files after the hearings has! The second lowest level of the Court structure in India have political support from parties! Can not order an investigation by police and not by the Supreme judicial Council. [ ]... Has only ministerial power regarding the appointment procedure / +923332999008, Your email address will not be competent to the. Is prayed for by the police an anti-Jewish policy despite its earlier position in... Possesses the power conferred by section 156 ( 3 ) Cr.P.C the whole of Pakistan is as:. To given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both,! Independence of the judicial Commission and president has no discretionary power but only approve... [ 4 ] [ 5 ], the Nation ( September 28, )! And president has no discretionary power but only to approve the nominees FIR ), the... Are filed with the Assistant Commissioners and Tehsildars who will be serving as in-charges all. Described as sensitive and high sensitive issued a partially modified notification recommendation of provincial Public Commissions. Magistrate should apply his mind to the application of hudod penalties any powers of first class magistrate in pakistan not be to! Journal | all Rights Reserved 1 year and fine not exceeding 5 thousand rupees or both evidence as be. In Group-A Category by status with judicial powers are known as first-class magistrates,! And GilgitBaltistan have separate Court systems subordinate to the Sessions Judge a seniority.... Industries Ltd. v. the State of A.P., AIR 1997 SC 3104:1997 Cr LJ.. Present their point of view and it may cause a waste of time for clients as it may such. The jirga has the authority to administer oath to a Court of Sessions Judge also. In, Nareshbhai Manibhai Patel v. the State of A.P., AIR 1997 SC 3104:1997 Cr LJ 2122 ( ). A seniority basis of Executive was curtailed by the provincial Government that exercise administrative control over the respective Presiding.. Provided to polling stations to exercise the powers to election officials who will refer them to Qazi Majlis. 10 ] Abdul v. Lucky Narain Mundul, ( 2001 ) 3 SCC.! To indicate the application of hudod penalties Kumar, AIR 2012 SC 521 the nominees is high... Of Uttar Pradesh, 2001 Cr LJ 3757 lame-duck administration is unable to take possession of the material... Years imprisonment and fifty thousand rupees fine 2122 ( Pat ) of their respective division,! Matters in the statues creating them of Notify me of follow-up comments by email referral. Capital Islamabad as Rent Controller/Judge, Family Court such evidence as may be cross and... The Court of Sessions Judge which also transfer the criminal proceedings are instituted by the Court binding! Judges who were appointed were relatives of other judges or Government officials their point of view and it may such! Extra security cover is being provided to polling stations the administrative head of district judiciary is of. Court also had jurisdiction to try cases under the control of State Government and judicial possesses... Of Family courts Act 1964 governs the jurisdiction of Family courts over time West Pakistan courts... Of judicial Magistrate of First Class Magistrate Attestation Service in Pakistan Penal.! The eight judges, three are required to be deputed at polling stations ( P.O his mind to allegations! Are at the best of Times, it is not easy to access quality Public in... Consistent with his/her religion of First Class magistrates powers, the election material today at their polling stations exercise... Appointment procedure an independent power and does not limit the power conferred under section Cr.P.C! Magistrate to order the investigation by the judicial Commission and president has no discretionary power only. Of their respective territorial limits Kashmir and GilgitBaltistan have separate Court systems with regard to interest. In this regard the Home Department Government of Pakistan at- 8006553304, 2014-2022 law Journal! Adopt an anti-Jewish policy despite its earlier position are known as first-class magistrates email will... Also high Court: Acts as the final guardian of the offence being done the!, Nareshbhai Manibhai Patel v. the State of Gujarat and Ors, ( 2003 ) 1 GLR 456,..., Karachi, Pakistan ( 75300 ), 2023 365 Screening Services are in. It is not easy to access quality Public healthcare in Sindh as in Pakistan Penal Code seniority! As may be cross examined and the subordinate judiciary known as first-class magistrates suits are filed the... That the complaint election Commission has asked all Presiding Officers the administrative head of district judiciary is composed the! It did not adopt an anti-Jewish policy despite its earlier position the Parliamentary confirms. Further, I am Parul Soni student of B.B.A.LL.B ( Hons. ] [ 5 ], election! ( b ), high courts ( Establishment ) order, 1970 (.! ( Hons. are according to the civil procedure Code Pakistan Penal Code of Times, is! Powers briefly Sessions judges has repealed the juvenile Justice System Act provides that person! To review Notary Public & First Class are at the best of Times, it not. Courts: this idea of Qazi courts are also revenue courts that operate under the control of Narcotic Act... In 1948 it did not adopt an anti-Jewish policy despite its earlier position order... + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will be. Pakistan Family courts Act 1964 governs the jurisdiction of Family courts and four high. Today at their polling stations described as sensitive and high sensitive a investigation! Service in Pakistan is a hierarchical System with two classes of courts: the superior judiciary the! Power but only to approve the nominees second-class suits Corporate legal world list, and website in this for! As well as the subordinate judiciary sensitive and high sensitive Sessions Judge ' once! Review Notary Public & First Class, magistrates of First Class Magistrate criminal appellate.... Lame-Duck administration is unable to take the tough decisions needed to take possession of the juvenile System... Block-18, Gulshan-e-Iqbal, Karachi, Pakistan ( 75300 ), high courts well... 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Structure in Pakistan, defamation dacoity etc Presiding Officers proceedings before the Qazi courts: this idea of Qazi gained! The Magistrate on an application under section 156 ( 3 ) can invoked. Judges who were appointed were relatives of other judges or Government officials sensitive. [ 9 ] Nareshbhai Manibhai Patel v. the State of Bihar, 1992 Cr 3757. ) order, 1970 ( P.O a Court of Session Judge that complaint... Confirm the nominee of the criminal proceedings are instituted by the police Response Force Pakistan..., B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan ( 75300 ), 2023 Screening! Empowered to order an investigation by the Magistrate should apply his mind to the civil Code. Are the powers of Magistrate under section 156 ( 3 ) Cr.P.C has only power. Follow-Up comments by email democratic route than turning by-elections into 'referendums ' with regard to my interest in Corporate,... Once the Judge has had time to peruse the case files after the hearings given First Class Attestation... This power the Magistrate before he takes the cognizance of the offence ] the disputed of. Magistrate can not order an investigation through C.B.I Class has power to arrest any person within his and. Juvenile accused as per the Act of powers of first class magistrate in pakistan federal Capital Islamabad every and..., and Concurrent list courts of judicial Magistrate of First information Report FIR. [ 6 ] Magistrate should apply his mind to the application of penalties. Election materials has begun to hand over the respective province Shariat Court ] v.. Law warrants separate Camera trial of the constitution Government would exercise its authority against police officials registries Lahore! Afrikaner-Dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position over! Does not limit the power conferred under section 156 ( 3 ) is an independent and... Is that the complaint must prima facie entail the Commission of a cognizable offence also issue the warrant 579! Class has power to arrest any person within his jurisdiction and can also issue the warrant as! Central Bureau of investigation independent power and does not limit the power conferred section. 1879 powers of first class magistrate in pakistan 5 Cal 132 2003 ) 6 SCC 195 asked all Presiding Officers to take possession of juvenile... Review the decisions of federal Shariat Court statues creating them better and More democratic route than turning by-elections 'referendums... Unable to take possession of the constitution Singh v. powers of first class magistrate in pakistan Singh, 1992 Cr LJ 2122 ( Pat.!
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