In CBI v. State of Rajasthan & ors. The lame-duck administration is unable to take the tough decisions needed. Future appointments will be made in the same manner as those to the Supreme Court. A high court is the principal court of its province.[1]. [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. 27. 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. Powers of Magistrate under section 144 Cr.P.C. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. They are Gilgit Baltistan and AJK. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Advertisement ISLAMABAD: The Election Section 156(3) attempts to define powers briefly. Magistrates in group A category status with judicial powers are known as first-class magistrates. 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. What are the different classifications of law? The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Federal list, Provincial List, and Concurrent List. I am Parul Soni student of B.B.A.LL.B (Hons.) They must also pass an examination conducted by the High Courts. 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. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. [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 current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 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. can cause a waste of time for clients as it may cause a dismissal or referral of 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. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. Save my name, email, and website in this browser for the next time I comment. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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. 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. There is a high court for the Islamabad Capital Territory and four provincial high courts. copyrighted 2023 The Express Tribune. In this regard the Home Department Government of Sindh has issued a partially modified notification. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? 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. What are the powers of Magistrate under Cr.P.C.? 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. If the Magistrate on an application under Section 156(3) Cr.P.C. 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. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. 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. 365 Screening Services 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 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. Afaq Jahan, AIR 2006 SC 705. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) [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. No. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. Powers of Magistrate under section 156 (3) Cr.P.C. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Trial of offences against other laws. Your email address will not be published. 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It is also the final Court of Appeal in matters arising out of cases 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. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Proceedings before the Qazi courts are according to the Civil Procedure Code. 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. There is nothing illegal in doing so. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. 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. This field is for validation purposes and should be left unchanged. An investigation is done post FIR. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. 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. 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. Cases are usually allotted by administrative orders of district and sessions judges. 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. 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. 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. 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 permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. 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. their powers and jurisdiction are specified in the statues creating them. to conduct an enquiry. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Notary Public & First Class Magistrate Attestation Service in Pakistan. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. [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. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. 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. 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. Qazis are appointed through the Public Service Commission. 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. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 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. 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 Particularly, the thriller genre, browsing news, and website in this browser the... Has had time to peruse the case files after the hearings Capital punishment Lahore... 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