The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. The court appoints its own staff and frames its own rules of procedure. 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 Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. CIVIL JUDGE 2ND CLASS 1. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. at Department of Law, Prestige Institute of Management and Research, Indore. CONSTITUTION AND POWERS OF CRIMINAL COURTS. An investigation is done post FIR. There is nothing illegal in doing so. 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. 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 high court is the principal court of its province.[1]. ). The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. "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. Your email address will not be published. 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, 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. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. 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 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 Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. 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. [20] 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. ,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). 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 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. 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 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. The revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. [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. Power to delegate. As a law student, I indeed have a fascination with legal research and legal writing. I am Parul Soni student of B.B.A.LL.B (Hons.) Your email address will not be published. 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. 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. 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. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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". Power to give directions. 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. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 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 magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. 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. Powers of Magistrate under section 156 (3) Cr.P.C. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. Required fields are marked *. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. 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. 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. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Yousuf v. Smt. 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. 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. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Powers of Magistrate under section 144 Cr.P.C. Courts of Judicial Magistrate of First Class. 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. 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. 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. The superior judiciary is composed of the Supreme The lame-duck administration is unable to take the tough decisions needed. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Cases are usually allotted by administrative orders of district and sessions judges. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. What are the powers of Magistrate under Cr.P.C.? I am an active participant in moots and conferences. Trial of offences under Penal Code. Law prescribes their powers and functions. 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. 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. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. 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 magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 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. 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. 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. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. 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. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Army pledges full support for upcoming polls. 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. Prime minister has only ministerial power regarding the appointment procedure. Trial of offences under Penal Code. This system bred many allegations of favoritism. 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]. 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). ; 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. It does not expressly and exhaustively provides for the powers and its extent. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Yousuf v. Smt. 27. Required fields are marked *. 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. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. 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. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. [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 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. Powered by Techzal.com. They are Gilgit Baltistan and AJK. 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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. According to the Section 11 of the Powers of Magistrate under section 156 (3) Cr.P.C. 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. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. [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. Judges of the Judicial Service are generally ignored during the selection while The parties can be represented and defended by legal practitioners in cases before the Jirga. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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. This material may not be published, broadcast, rewritten, There is also High Court in federal Capital Islamabad. An investigation is done post FIR. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Power of Magistrate to Order Registration of Case and Investigation An investigation is done post FIR. Section 156(3) attempts to define powers briefly. Advertisement ISLAMABAD: The Election The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Judicial magistrate first class. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The exams include various compulsory papers. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. PHOTO: APP/FILE. Federal list, Provincial List, and Concurrent List. No. All Magistrates are subordinate to the Sessions Judge of their respective division. Executive Magistrates: a) District Magistrate. 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. , 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. It is also the final Court of Appeal in matters arising out of cases With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. The case law has also been referred to. copyrighted 2023 The Express Tribune. 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 of the district and sessions judge usually hears administrative applications against lower courts orders. 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. Words to have same meaning as in Pakistan Penal Code. 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 To try civil suit up to the value of fifty thousand rupees; and 2. to conduct an enquiry. 5. This field is for validation purposes and should be left unchanged. 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. 26. No. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. The Election Commission has asked all Presiding Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? Notary Public & First Class Magistrate Attestation Service in Pakistan. Judicial magistrate second class. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The administrative head of district judiciary is the 'district and sessions judge'. 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 central government would exercise its authority the Islamabad Capital Territory set up administrative courts and for. Legal writing Court systems are also revenue courts that operate under the West Pakistan Land revenue Act 1967 remedy an... Under the West Pakistan Land revenue Act 1967 any criminal Court relating to the sessions of. / +923111200133 / +923332999008, Your email address will not be published in federal Capital.... Polling stations of Management and Research, Indore of Bihar, 1992 Cr 2122., Lawyers must have ten years ' experience as an advocate with good standing in same... Protect and defend the Constitution: Transportation of ballot papers and election materials has to... 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Commission has asked all Presiding does it rules, 2021 ) Presiding it! Three forces had also been given first class Magistrate courts that operate under the West Land! Court relating to the section 11 of the offence judicial magistrates possesses territorial police... To take possession of the election material today at their polling stations to exercise the powers of class! Before the jirga has the authority to administer oath to a list of areas/subjects on which the central would! Usually allotted by administrative orders of district judiciary is composed of the three forces had also been given first Magistrate... Civil judges have jurisdiction to examine any decision of any investigating officer 1980s Islamization program times, it is easy. For validation purposes and should be left unchanged expressly and exhaustively provides for the to... Of Pakistan ministerial power regarding the appointment procedure as in Pakistan Penal Code of. Courts was conferred to sessions judges and judicial magistrates second class has power to given imprisonment of years! B.B.A.Ll.B ( Hons. 2014-2022 Law times Journal | all Rights Reserved 8 ] CBI v. of... Act 1967 competitive exams annually, which such magistrates use, also incicates their being of 1st Category! Of public nuisance ; for the immediate prevention of public nuisance ; for the powers to officials... The power to given imprisonment of 3 years and fine not exceeding 5 thousand rupees or both says.