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. Future appointments will be made in the same manner as those to the Supreme Court. ). )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. can cause a waste of time for clients as it may cause a dismissal or referral of 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. 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. Many judges who were appointed were relatives of other Judges or Government officials. The Election Commission has asked all Presiding Your email address will not be published. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. Magistrates in group A category status with judicial powers are known as first-class magistrates. In every town and city, there are numerous civil and judicial magistrates' courts. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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. 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. 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. [4][5], The independence of the Pakistani judiciary has changed over time. 5. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. According to the Section 11 of the Yousuf v. Smt. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. [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. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. The decisions of the court are binding on the high courts as well as the subordinate judiciary. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. 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. 3. What are the powers of Judicial Magistrate of First Class? The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. There is a high court for the Islamabad Capital Territory and four provincial high courts. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 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. 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. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Trial of offences against other laws. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. 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. 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. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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 power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. If the Magistrate on an application under Section 156(3) Cr.P.C. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Section 156(3) attempts to define powers briefly. The case law has also been referred to. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. Ltd. (www.compunode.com).Designed for Dawn. No. 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). The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Extra security cover is being provided to polling stations described as sensitive and high sensitive. 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 , . to conduct an enquiry. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same though he should not himself investigate. 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. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. [5] Mohd. 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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. The order of Magistrate has necessarily to indicate the application of mind.[6]. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election The administrative head of district judiciary is the 'district and sessions judge'. The Executive Magistrate is under the control of State Government. Notary Public & First Class Magistrate Attestation Service in Pakistan. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 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. Advertisement ISLAMABAD: The Election 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. 26. The provincial government that exercise administrative control over them appoints such officers. The exams include various compulsory papers. 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 magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 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. or C.I.D., as is prayed for by the revisioner. To try civil suit up to the value of fifty thousand rupees; and 2. 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. 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. Required fields are marked *. In CBI v. State of Rajasthan & ors. Words to have same meaning as in Pakistan Penal Code. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. Required fields are marked *. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. 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. 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 Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. 27. 365 Screening Services [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. There is nothing illegal in doing so. 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. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Powers of Magistrate under section 144 Cr.P.C. 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. 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. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. Notify me of follow-up comments by email. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. The rest of the day is allocated for the recording of the evidence in sessions cases such as in offences murder, rape and robbery etc. 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. Trial of offences under Penal Code. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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]. [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. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. The law is applicable to the whole of Pakistan. 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. Law prescribes their powers and functions. The age limit for the high court judge is minimum 45 years. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. 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 . The Supreme Court in Madhu Bala v. Suresh Kumar,[4] held that it is not illegal by the Magistrate to order to the police to register the case and investigate it provided that the complaint filed before the Magistrate discloses the commission of any cognizable offence. In Mohd. The court consists of a Chief Justice and sixteen other judges. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. 5. 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. [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. 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, Save my name, email, and website in this browser for the next time I comment. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. ; 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. 6 of 1976), Article 3[(1)](a), Learn how and when to remove this template message, Chief Justice of the Federal Shariat Court, "Gilgit-Baltistan: A question of autonomy", "Pakistan is "mainstreaming" misogynist tribal justice", Constitution of Pakistan (1956), Article 148, Constitution (Eighteenth Amendment) Act, 2010 (Act No. Prime minister has only ministerial power regarding the appointment procedure. There is also High Court in federal Capital Islamabad. Cases are usually allotted by administrative orders of district and sessions judges. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 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. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. The judges serve terms of three years, subject to extension by the President. The parties can be represented and defended by legal practitioners in cases before the Jirga. 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. their powers and jurisdiction are specified in the statues creating them. Command the dispersal of any unlawful assembly. Difference between Accomplice, Co-Accused, and Approver. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. [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. Executive Magistrates: a) District Magistrate. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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. SHARJEEL FOR EFFECTIVE RAIN EMERGENCY PLAN, IDEA ABOUT TO PLAY/RUN 30 CNG BUSES IN CITY, Kumail Nanjiani details his experience of working with Angelina Jolie, Penelope Cruz named best actress at Venice Film Festival, Ben Affleck fights off obsessive fan for getting too close to Jennifer Lopez, Princess Dianas rare aquamarine ring given to Meghan Markle symbolises trust, Angelina Jolie shares her views on child marriage: Its such a horror. The lame-duck administration is unable to take the tough decisions needed. 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). Power to delegate. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. An investigation is done post FIR. Your email address will not be published. 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. No. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. An investigation is done post FIR. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Judges of the Judicial Service are generally ignored during the selection while Qatl e Amd (culpable homicide), rape, defamation dacoity etc. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. Trial of offences under Penal Code. 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 Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Powers of Magistrate under section 156 (3) Cr.P.C. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. This field is for validation purposes and should be left unchanged. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. 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. But instead of 4 supreme court judges, 4 most senior high court judges, provincial law minister and a member of provincial bar councils (such as Punjab Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high court judges. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. [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. The High Court is an appellate Court for all Civil and Criminal matters in the respective province.
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