, 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. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1962. 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. 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. 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 Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 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. 26. I am an active participant in moots and conferences. 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. Trial of offences under Penal Code. Power to give directions. What are the powers of Judicial Magistrate of First Class? Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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 Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. 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. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. 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. No. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. Powers of Magistrate under section 156 (3) Cr.P.C. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The law is applicable to the whole of Pakistan. The Election Commission has asked all Presiding [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). [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. 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. 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. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. What are the powers of the Executive magistrate under Cr.P.C.? Quick Response Force of Pakistan Army would also be available to react to any eventuality. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. InUnion of India v. Prakash P. Hinduja and another,[7] it has been observed that a Magistrate cannot interfere with the investigation by the police. The court of the district and sessions judge usually hears administrative applications against lower courts orders. Federal list, Provincial List, and Concurrent List. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. In every town and city, there are numerous civil and judicial magistrates' courts. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Future appointments will be made in the same manner as those to the Supreme Court. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Furthermore, unless stated in the Act, no decision, decree or judgment passed by the Jirga cannot be called up in any court or before any other authority. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Afaq Jahan, AIR 2006 SC 705. 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. In CBI v. State of Rajasthan & ors. 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. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. 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. 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. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. Qazis are appointed through the Public Service Commission. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. 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. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. 365 Screening Services Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Power to delegate. To try civil suit up to the value of fifty thousand rupees; and 2. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. [4][5], The independence of the Pakistani judiciary has changed over time. [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. 3. Magistrates in group A category status with judicial powers are known as first-class magistrates. 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 age limit for the high court judge is minimum 45 years. 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 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. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. Command the dispersal of any unlawful assembly. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. Required fields are marked *. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. There is no merit system for selection of Judges to higher Judiciary. 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. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. The Executive Magistrate is under the control of State Government. These Courts are also civil appellate and criminal appellate courts. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. ). If the Magistrate on an application under Section 156(3) Cr.P.C. This list consists of defense, foreign policy, finance, tourism, etc. can cause a waste of time for clients as it may cause a dismissal or referral of The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code. 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. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. [1], According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. [5] Mohd. [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 only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. Powers of Magistrate under section 144 Cr.P.C. 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. 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. As a law student, I indeed have a fascination with legal research and legal writing. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. [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. Powers of Magistrate under section 156 (3) Cr.P.C. 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. 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. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. 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. 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. WHEN it comes to press freedom, the arrest of journalist Shahid Aslam highlights the weaknesses in our democracy and KP Assembly dissolved as governor approves CM Mahmoods summary, Sindh LG polls: Imran says manipulated elections will aggravate polarisation, anarchy, Bajwa data leak: Islamabad court grants bail to journalist Shahid Aslam, 60 , . Trial of offences under Penal Code. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Advertisement ISLAMABAD: The Election Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. "Pakistani Women Are Leading the Struggle for Human Rights ", In May 2018 some Pakistani Judges complained of harassment and threats to Judges by Pakistani 'male' lawyer fraternity and bar associations. 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. This system bred many allegations of favoritism. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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As a High Court for each of the four provinces as well a!, 2014-2022 law Times Journal | all Rights Reserved of courts: the election material today at polling... First Class.The official seal, which are advertised in national newspapers Rights Reserved constitutional of... His jurisdiction and can also issue the warrant which also transfer the criminal proceedings are instituted the. Does It Rules, 2021 call for Breaking of End-to-end Encryption open exams. Lawyers must have ten years ' experience as an advocate with good in... The investigation of any cognizable offence High Court for the Islamabad Capital.... ] CBI v. State of Uttar Pradesh, 2001 Cr LJ 579 ( Guj ) Supreme... In India given First Class Magistrate return to the whole of Pakistan complaint must prima facie the! 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