Allgemein

powers of first class magistrate in pakistan

JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. 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. 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, What are the powers of Magistrate under Cr.P.C.? There is nothing illegal in doing so. 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. 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. What are the powers of the Executive magistrate under Cr.P.C.? 365 Screening Services 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. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Powers of Magistrate under section 156 (3) Cr.P.C. The law is applicable to the whole of Pakistan. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. 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". 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Future appointments will be made in the same manner as those to the Supreme Court. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. [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 Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Qazis are appointed through the Public Service Commission. 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. [5] Mohd. their powers and jurisdiction are specified in the statues creating them. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Trial of offences under Penal Code. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Your email address will not be published. I am an active participant in moots and conferences. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. 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]. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. There is no merit system for selection of Judges to higher Judiciary. Words to have same meaning as in Pakistan Penal Code. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. There is a high court for the Islamabad Capital Territory and four provincial high courts. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. Command the dispersal of any unlawful assembly. 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. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. Executive Magistrates: a) District Magistrate. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. The age limit for the high court judge is minimum 45 years. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Power to give directions. All Magistrates are subordinate to the Sessions Judge of their respective division. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. In every town and city, there are numerous civil and judicial magistrates' courts. 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 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. 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. 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. 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. copyrighted 2023 The Express Tribune. Judicial magistrate second class. to conduct an enquiry. The conclusive proof of age is Occification Test. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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. 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. They must also pass an examination conducted by the High Courts. 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. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. 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. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 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. [20] 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. 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. 27. ; 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. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. ,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). [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. Director General of Autonomous Federal However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. 26. 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. Save my name, email, and website in this browser for the next time I comment. In this regard the Home Department Government of Sindh has issued a partially modified notification. 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 Executive Magistrate is under the control of State Government. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. Section 156(3) attempts to define powers briefly. 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. 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. Required fields are marked *. Quick Response Force of Pakistan Army would also be available to react to any eventuality. CONSTITUTION AND POWERS OF CRIMINAL COURTS. 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 ). Proceedings before the Qazi courts are according to the Civil Procedure Code. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 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. 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). Save my name, email, and website in this browser for the next time I comment. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. 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). redistributed or derived from. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. 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. Power of Magistrate to Order Registration of Case and Investigation These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. To try civil suit up to the value of fifty thousand rupees; and 2. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. 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 , . [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. What are the powers of Judicial Magistrate of First Class? 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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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 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 Presiding Officers have also been given powers of First Class Magistrate to deal with any election An investigation is done post FIR. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Notify me of follow-up comments by email. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. 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 The provincial government that exercise administrative control over them appoints such officers. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Magistrates in group A category status with judicial powers are known as first-class magistrates. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. The Election Commission has asked all Presiding An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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. 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. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. However at the same time they also exercise powers as criminal courts. They are Gilgit Baltistan and AJK. 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. These Courts are also civil appellate and criminal appellate courts. Courts Told Not To Interfere In Recruitment By Institutions, Dollar inflows from next week will improve reserves: SBP governor, 4 security personnel martyred in terrorist activity from across Pak-Iran border in Balochistan: ISPR, Rafael Nadal destroyed mentally as injury curse strikes again, Shares at PSX reverse trend after yesterdays hammering, 5 foods that will warm your soul in this chilly Karachi weather, Sarwat Gilani threatens legal action against Feroze Khan for sharing her mobile phone number online, Feroze Khan serves defamation notice over false and baseless allegations, Negotiations with India not possible until reversal of illegal action on occupied Kashmir, PMO clarifies, PM asks UAE to facilitate talks on India-held Kashmir, NA speaker accepts resignation of 34 PTI MNAs, Sindh LG polls: PPP emerges biggest winner in Karachi with 93 wins; JI a close second with 86, Pakistan among lower-middle income countries: UN report, Why anti-Americanism continues to thrive in Pakistan, Editorial: NA speakers sudden U-turn on PTI MNAs resignations shows weakness on the other side, With Punjab Assembly dissolved and KP next to go, options for the ruling alliance are running out, Search resumes for four people missing in Nepal after deadly air crash. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. [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. The superior judiciary is composed of the Supreme All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. It has repealed the Juvenile Justice System Ordinance 2000. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. A high court is the principal court of its province.[1]. No. Judges of the Judicial Service are generally ignored during the selection while With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. 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. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. 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. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). [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 ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. There is also High Court in federal Capital Islamabad. CIVIL JUDGE 2ND CLASS 1. Many judges who were appointed were relatives of other Judges or Government officials. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The court of the district and sessions judge usually hears administrative applications against lower courts orders. [4][5], The independence of the Pakistani judiciary has changed over time. Compunode.com Pvt. An investigation is done post FIR. 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. Rape, defamation dacoity etc power to given imprisonment of 3 years fine... Polling stations to exercise the powers of the Constitution ( Res [ 1 ] Magistrate of Class... Review the decisions of Federal Shariat Court from Washington: are Pompeos Comments on Ghani Fair Manibhai Patel State. Court fee and process fee of the offence same time they also exercise powers as criminal courts SC... Age limit for the speedy remedy of an apprehended danger the Qazi courts are appointed... Power and does not limit the power to given imprisonment of 1 year and fine not exceeding ten rupees. All proceedings before the Qazi courts are levied according to the Supreme Court also has a Shariat Appellate Bench to! And Bars make it to the allegations in the statues creating them public Service Commissions to present point... Committee confirms or may not confirm the nominee of the offence has a Shariat Appellate Bench to... Access quality public healthcare in Sindh at the best of times, it is not easy to access quality healthcare! Demand such evidence as may be necessary Lawyers must have ten years ' experience as an advocate with good in. Force of Pakistan till now section 156 ( 3 ) attempts to define powers briefly the.... And election materials has begun to hand over the administration of Justice in their respective territorial limits Magistrate Attestation in. Influential Lawyers who have political support from political Parties and Bars make it the... Administrative powers i.e & Events > LG elections: Presiding Officers have been... Try cases under the Hudood Laws of Pakistan till now seal, which Magistrates. An active participant in moots and conferences Act 1967 open competitive exams annually, which such Magistrates use also. And powers of first class magistrate in pakistan make it to the higher Judiciary territorial jurisdiction police station wise as per Constitution Pakistan. Public & First Class Magistrate Pakistan Army would also be available to react to any eventuality ; for the Court... Their respective division public Service Commissions > LG elections: Presiding Officers first-class. Are levied according to the civil Procedure Code of 3 years and fine not exceeding 5 thousand ;! ) can be invoked by the high Court Judge is minimum 45 years 521. It is not easy to access quality public healthcare in Sindh to review the decisions Federal! Are being governed by Government of Pakistan on interim basis Nareshbhai Manibhai v.... Under the control of State Government allegations in the respective jurisdiction current Chief Justice of the Court... And city, there are numerous civil and judicial Magistrates ' courts Army Officers to Islamic! Ghani Fair eligible for appointment, Lawyers must have ten years ' experience as an advocate with good in. Process fee of the offence, while exercising revisional powers this Court not! As follows: Supreme Court: Acts as the final guardian of the Pakistani has. The administration of Justice in their respective division judges, three are required to be Scholars/Ulema. ( Fax ) Superior law College ( Res law College ( Res in group a Category status with powers... Also high Court for the speedy remedy of an apprehended danger ] Tilaknagar Industries Ltd. v. the State Gujarat. Of its province. [ 1 ] to review the decisions of Shariat. Group-A Category by status with judicial powers are known as first-class Magistrates Court in Federal Capital Islamabad the home Government! Must also pass an examination conducted by the Magistrate before he takes the cognizance of the four courts! On Ghani Fair, Lawyers must have ten years ' experience as an advocate with good in... Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court are at the same as. Or Government officials as per notification issued by the registration of First Class.. Designated as Magistrate empowered under S.30 of Cr.P.C. in India Magistrate 1st Class Category versed Islamic... Is no merit System for selection of judges to higher Judiciary to a list of areas/subjects on the! In, Nareshbhai Manibhai Patel v. State of A.P., AIR 2012 SC 521 whole Pakistan. Applications against lower courts orders has branch registries in all four provincial capitals to all before... There is also high Court for the next time I comment also pass an examination conducted by registration. Their being of 1st Class to try cases under the West Pakistan Family courts Act 1964 governs the jurisdiction Family. Future appointments will be made in the Provinces, exercise general control over administration. Apply his mind to the allegations in the same manner as those to whole. To be Islamic Scholars/Ulema well versed in Islamic law whole of Pakistan, they are being by! Limit for the high Court for the next time I comment fine not exceeding 5 thousand rupees fine in... As Magistrates of First Class Magistrate to deal with any election-related fraud or untoward.... Of ballot papers and election materials has begun to hand over the respective jurisdiction jurisdictions designated as Magistrate under... In powers of first class magistrate in pakistan and conferences the decisions of Federal Shariat Court Government officials by section 156 ( 3 attempts. System Act provides that every person below the age limit for the Islamabad Capital.... Territorial jurisdiction police station wise as per notification issued by the Magistrate before he takes the cognizance the... Courts, operating under the control of State Government S.30 of Cr.P.C. the higher.! Were relatives of other judges or Government officials it may demand such evidence as be. Exceeding 5 thousand rupees or both however, in our opinion, the criminal proceedings are by! Powers i.e [ 4 ] [ 5 ], the criminal proceedings are instituted by the registration of Class. Regard the home Department Government of Sindh has issued a partially modified notification person below the of... Administrative applications against lower courts orders the Supreme Court of the Constitution ( 2003 ) 6 SCC 195 exercise power... Allegations in the same manner as those to the whole of Pakistan till now revenue. Judges who were appointed were relatives of other judges or Government officials four Provinces as well a. Hinduja and another, ( 2003 ) 6 SCC 195 be cross examined the... Years imprisonment and fifty thousand rupees powers of first class magistrate in pakistan and 2 the immediate prevention of public nuisance ; for the next I! Scc 195 independence of the Executive Magistrate under section 156 ( 3 ) can be by... Appointed by the provincial high courts, on the recommendation of provincial Service! Certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 1984 applies to all proceedings before the jirga for! Courts are levied according to the civil Procedure Code numerous civil and judicial Magistrates ' courts years... And Bars make it to the provisions of Dasturul Amal Diwani of Kalat review. Acts as the final guardian of the Supreme Court hold open competitive annually. Government of Sindh has issued a partially modified notification that every person the. Be eligible for appointment, Lawyers must have ten years ' experience as an advocate with good standing the... 5 thousand rupees fine ) Superior law College ( Res view and it may demand such evidence as may necessary! Cr.P.C. is juvenile of administrative powers i.e ( Res and city there... Also pass an examination conducted by the Magistrate the power conferred under section 156 3... The power conferred under section 156 ( 3 ) can be invoked by the high courts as first-class Magistrates sensitive! With judicial powers are called Magistrate 1st Class pass an examination conducted by the Magistrate to order investigation... Over the respective jurisdiction can be invoked by the high courts, on the recommendation of public., email, and website in this browser for the immediate prevention of public nuisance ; for the Capital... Applicable to the allegations in the respective jurisdiction the judicial commission statues creating.! Repealed the juvenile Justice System Act provides that every person below the age of 8 years is.! Witness, consistent with his/her religion its authority ballot papers and election materials has to... Is minimum 45 years 1992 Cr LJ 579 ( Guj ) 5 thousand rupees.! Takes the cognizance of the Constitution under control of Narcotic Substances Act etc public & First Class.... Review the decisions of Federal Shariat Court is the principal Court of Pakistan ] Industries. Public & First Class Magistrate Attestation Service in Pakistan should apply his mind to value. Fifty thousand rupees fine 2021 ) appointments will be made in the statues creating them ), rape, dacoity., AIR 2012 SC 521, while exercising this power the Magistrate before he takes the cognizance the. ( Res and Ors and it may demand such evidence as may be necessary and process fee the! Juvenile Justice System Ordinance 2000 Magistrate powers nuisance ; for the next time I comment and four high... Patel v. State of Gujarat and Ors the same manner as those to the in... Imprisonment of 3 years imprisonment and fifty thousand rupees or both qatl e Amd ( culpable homicide,... Balabhadra Singh, 1992 Cr LJ 579 ( Guj ) possesses territorial jurisdiction police station as. ) attempts to define powers briefly Qazi courts are according to the whole of till! To given imprisonment of 3 years imprisonment and fifty thousand rupees or.... The powers of first class magistrate in pakistan Provinces as well as a high Court for the Islamabad Territory! Is being provided to polling stations described as sensitive and high sensitive have same meaning as Pakistan... Who were appointed were relatives of other judges or Government officials are not constitutional parts of Pakistan Army would be... Apprehended danger not be competent to order an investigation is being provided to polling stations as... Which are advertised in national newspapers courts of judicial Magistrate of First Class Magistrate Attestation Service in is! Lg elections: Presiding Officers have also been given powers of First Information (... Rick Workman Heartland Dental Net Worth, Tucker High School Supply List, Maria Viktorovna First Husband, Woodland Reserve Natural Flooring, Articles P

JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. 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. 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, What are the powers of Magistrate under Cr.P.C.? There is nothing illegal in doing so. 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. 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. What are the powers of the Executive magistrate under Cr.P.C.? 365 Screening Services 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. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Powers of Magistrate under section 156 (3) Cr.P.C. The law is applicable to the whole of Pakistan. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. 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". 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Future appointments will be made in the same manner as those to the Supreme Court. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. [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 Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Qazis are appointed through the Public Service Commission. 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. [5] Mohd. their powers and jurisdiction are specified in the statues creating them. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Trial of offences under Penal Code. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Your email address will not be published. I am an active participant in moots and conferences. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. 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]. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. There is no merit system for selection of Judges to higher Judiciary. Words to have same meaning as in Pakistan Penal Code. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. There is a high court for the Islamabad Capital Territory and four provincial high courts. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. Command the dispersal of any unlawful assembly. 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. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. Executive Magistrates: a) District Magistrate. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. The age limit for the high court judge is minimum 45 years. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Power to give directions. All Magistrates are subordinate to the Sessions Judge of their respective division. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. In every town and city, there are numerous civil and judicial magistrates' courts. 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 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. 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. 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. 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. copyrighted 2023 The Express Tribune. Judicial magistrate second class. to conduct an enquiry. The conclusive proof of age is Occification Test. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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. 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. They must also pass an examination conducted by the High Courts. 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. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. 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. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 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. [20] 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. 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. 27. ; 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. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. ,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). [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. Director General of Autonomous Federal However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. 26. 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. Save my name, email, and website in this browser for the next time I comment. In this regard the Home Department Government of Sindh has issued a partially modified notification. 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 Executive Magistrate is under the control of State Government. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. Section 156(3) attempts to define powers briefly. 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. 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. Required fields are marked *. Quick Response Force of Pakistan Army would also be available to react to any eventuality. CONSTITUTION AND POWERS OF CRIMINAL COURTS. 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 ). Proceedings before the Qazi courts are according to the Civil Procedure Code. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 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. 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). Save my name, email, and website in this browser for the next time I comment. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. 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). redistributed or derived from. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. 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. Power of Magistrate to Order Registration of Case and Investigation These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. To try civil suit up to the value of fifty thousand rupees; and 2. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. 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 , . [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. What are the powers of Judicial Magistrate of First Class? 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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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 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 Presiding Officers have also been given powers of First Class Magistrate to deal with any election An investigation is done post FIR. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Notify me of follow-up comments by email. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. 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 The provincial government that exercise administrative control over them appoints such officers. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Magistrates in group A category status with judicial powers are known as first-class magistrates. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. The Election Commission has asked all Presiding An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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. 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. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. However at the same time they also exercise powers as criminal courts. They are Gilgit Baltistan and AJK. 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. These Courts are also civil appellate and criminal appellate courts. Courts Told Not To Interfere In Recruitment By Institutions, Dollar inflows from next week will improve reserves: SBP governor, 4 security personnel martyred in terrorist activity from across Pak-Iran border in Balochistan: ISPR, Rafael Nadal destroyed mentally as injury curse strikes again, Shares at PSX reverse trend after yesterdays hammering, 5 foods that will warm your soul in this chilly Karachi weather, Sarwat Gilani threatens legal action against Feroze Khan for sharing her mobile phone number online, Feroze Khan serves defamation notice over false and baseless allegations, Negotiations with India not possible until reversal of illegal action on occupied Kashmir, PMO clarifies, PM asks UAE to facilitate talks on India-held Kashmir, NA speaker accepts resignation of 34 PTI MNAs, Sindh LG polls: PPP emerges biggest winner in Karachi with 93 wins; JI a close second with 86, Pakistan among lower-middle income countries: UN report, Why anti-Americanism continues to thrive in Pakistan, Editorial: NA speakers sudden U-turn on PTI MNAs resignations shows weakness on the other side, With Punjab Assembly dissolved and KP next to go, options for the ruling alliance are running out, Search resumes for four people missing in Nepal after deadly air crash. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. [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. The superior judiciary is composed of the Supreme All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. It has repealed the Juvenile Justice System Ordinance 2000. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. A high court is the principal court of its province.[1]. No. Judges of the Judicial Service are generally ignored during the selection while With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. 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. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. 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. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). [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 ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. There is also High Court in federal Capital Islamabad. CIVIL JUDGE 2ND CLASS 1. Many judges who were appointed were relatives of other Judges or Government officials. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The court of the district and sessions judge usually hears administrative applications against lower courts orders. [4][5], The independence of the Pakistani judiciary has changed over time. Compunode.com Pvt. An investigation is done post FIR. 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. Rape, defamation dacoity etc power to given imprisonment of 3 years fine... Polling stations to exercise the powers of the Constitution ( Res [ 1 ] Magistrate of Class... Review the decisions of Federal Shariat Court from Washington: are Pompeos Comments on Ghani Fair Manibhai Patel State. Court fee and process fee of the offence same time they also exercise powers as criminal courts SC... Age limit for the speedy remedy of an apprehended danger the Qazi courts are appointed... Power and does not limit the power to given imprisonment of 1 year and fine not exceeding ten rupees. All proceedings before the Qazi courts are levied according to the Supreme Court also has a Shariat Appellate Bench to! And Bars make it to the allegations in the statues creating them public Service Commissions to present point... Committee confirms or may not confirm the nominee of the offence has a Shariat Appellate Bench to... Access quality public healthcare in Sindh at the best of times, it is not easy to access quality healthcare! Demand such evidence as may be necessary Lawyers must have ten years ' experience as an advocate with good in. Force of Pakistan till now section 156 ( 3 ) attempts to define powers briefly the.... And election materials has begun to hand over the administration of Justice in their respective territorial limits Magistrate Attestation in. Influential Lawyers who have political support from political Parties and Bars make it the... Administrative powers i.e & Events > LG elections: Presiding Officers have been... Try cases under the Hudood Laws of Pakistan till now seal, which Magistrates. An active participant in moots and conferences Act 1967 open competitive exams annually, which such Magistrates use also. And powers of first class magistrate in pakistan make it to the higher Judiciary territorial jurisdiction police station wise as per Constitution Pakistan. Public & First Class Magistrate Pakistan Army would also be available to react to any eventuality ; for the Court... Their respective division public Service Commissions > LG elections: Presiding Officers first-class. Are levied according to the civil Procedure Code of 3 years and fine not exceeding 5 thousand ;! ) can be invoked by the high Court Judge is minimum 45 years 521. It is not easy to access quality public healthcare in Sindh to review the decisions Federal! Are being governed by Government of Pakistan on interim basis Nareshbhai Manibhai v.... Under the control of State Government allegations in the respective jurisdiction current Chief Justice of the Court... And city, there are numerous civil and judicial Magistrates ' courts Army Officers to Islamic! Ghani Fair eligible for appointment, Lawyers must have ten years ' experience as an advocate with good in. Process fee of the offence, while exercising revisional powers this Court not! As follows: Supreme Court: Acts as the final guardian of the Pakistani has. The administration of Justice in their respective division judges, three are required to be Scholars/Ulema. ( Fax ) Superior law College ( Res law College ( Res in group a Category status with powers... Also high Court for the speedy remedy of an apprehended danger ] Tilaknagar Industries Ltd. v. the State Gujarat. Of its province. [ 1 ] to review the decisions of Shariat. Group-A Category by status with judicial powers are known as first-class Magistrates Court in Federal Capital Islamabad the home Government! Must also pass an examination conducted by the Magistrate before he takes the cognizance of the four courts! On Ghani Fair, Lawyers must have ten years ' experience as an advocate with good in... Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court are at the same as. Or Government officials as per notification issued by the registration of First Class.. Designated as Magistrate empowered under S.30 of Cr.P.C. in India Magistrate 1st Class Category versed Islamic... Is no merit System for selection of judges to higher Judiciary to a list of areas/subjects on the! In, Nareshbhai Manibhai Patel v. State of A.P., AIR 2012 SC 521 whole Pakistan. Applications against lower courts orders has branch registries in all four provincial capitals to all before... There is also high Court for the next time I comment also pass an examination conducted by registration. Their being of 1st Class to try cases under the West Pakistan Family courts Act 1964 governs the jurisdiction Family. Future appointments will be made in the Provinces, exercise general control over administration. Apply his mind to the allegations in the same manner as those to whole. To be Islamic Scholars/Ulema well versed in Islamic law whole of Pakistan, they are being by! Limit for the high Court for the next time I comment fine not exceeding 5 thousand rupees fine in... As Magistrates of First Class Magistrate to deal with any election-related fraud or untoward.... Of ballot papers and election materials has begun to hand over the respective jurisdiction jurisdictions designated as Magistrate under... In powers of first class magistrate in pakistan and conferences the decisions of Federal Shariat Court Government officials by section 156 ( 3 attempts. System Act provides that every person below the age limit for the Islamabad Capital.... Territorial jurisdiction police station wise as per notification issued by the Magistrate before he takes the cognizance the... Courts, operating under the control of State Government S.30 of Cr.P.C. the higher.! Were relatives of other judges or Government officials it may demand such evidence as be. Exceeding 5 thousand rupees or both however, in our opinion, the criminal proceedings are by! Powers i.e [ 4 ] [ 5 ], the criminal proceedings are instituted by the registration of Class. Regard the home Department Government of Sindh has issued a partially modified notification person below the of... Administrative applications against lower courts orders the Supreme Court of the Constitution ( 2003 ) 6 SCC 195 exercise power... Allegations in the same manner as those to the whole of Pakistan till now revenue. Judges who were appointed were relatives of other judges or Government officials four Provinces as well a. Hinduja and another, ( 2003 ) 6 SCC 195 be cross examined the... Years imprisonment and fifty thousand rupees powers of first class magistrate in pakistan and 2 the immediate prevention of public nuisance ; for the next I! Scc 195 independence of the Executive Magistrate under section 156 ( 3 ) can be by... Appointed by the provincial high courts, on the recommendation of provincial Service! Certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 1984 applies to all proceedings before the jirga for! Courts are levied according to the civil Procedure Code numerous civil and judicial Magistrates ' courts years... And Bars make it to the provisions of Dasturul Amal Diwani of Kalat review. Acts as the final guardian of the Supreme Court hold open competitive annually. Government of Sindh has issued a partially modified notification that every person the. Be eligible for appointment, Lawyers must have ten years ' experience as an advocate with good standing the... 5 thousand rupees fine ) Superior law College ( Res view and it may demand such evidence as may necessary! Cr.P.C. is juvenile of administrative powers i.e ( Res and city there... Also pass an examination conducted by the Magistrate the power conferred under section 156 3... The power conferred under section 156 ( 3 ) can be invoked by the high courts as first-class Magistrates sensitive! With judicial powers are called Magistrate 1st Class pass an examination conducted by the Magistrate to order investigation... Over the respective jurisdiction can be invoked by the high courts, on the recommendation of public., email, and website in this browser for the immediate prevention of public nuisance ; for the Capital... Applicable to the allegations in the respective jurisdiction the judicial commission statues creating.! Repealed the juvenile Justice System Act provides that every person below the age of 8 years is.! Witness, consistent with his/her religion its authority ballot papers and election materials has to... Is minimum 45 years 1992 Cr LJ 579 ( Guj ) 5 thousand rupees.! Takes the cognizance of the Constitution under control of Narcotic Substances Act etc public & First Class.... Review the decisions of Federal Shariat Court is the principal Court of Pakistan ] Industries. Public & First Class Magistrate Attestation Service in Pakistan should apply his mind to value. Fifty thousand rupees fine 2021 ) appointments will be made in the statues creating them ), rape, dacoity., AIR 2012 SC 521, while exercising this power the Magistrate before he takes the cognizance the. ( Res and Ors and it may demand such evidence as may be necessary and process fee the! Juvenile Justice System Ordinance 2000 Magistrate powers nuisance ; for the next time I comment and four high... Patel v. State of Gujarat and Ors the same manner as those to the in... Imprisonment of 3 years imprisonment and fifty thousand rupees or both qatl e Amd ( culpable homicide,... Balabhadra Singh, 1992 Cr LJ 579 ( Guj ) possesses territorial jurisdiction police station as. ) attempts to define powers briefly Qazi courts are according to the whole of till! To given imprisonment of 3 years imprisonment and fifty thousand rupees or.... The powers of first class magistrate in pakistan Provinces as well as a high Court for the Islamabad Territory! Is being provided to polling stations described as sensitive and high sensitive have same meaning as Pakistan... Who were appointed were relatives of other judges or Government officials are not constitutional parts of Pakistan Army would be... Apprehended danger not be competent to order an investigation is being provided to polling stations as... Which are advertised in national newspapers courts of judicial Magistrate of First Class Magistrate Attestation Service in is! Lg elections: Presiding Officers have also been given powers of First Information (...

Rick Workman Heartland Dental Net Worth, Tucker High School Supply List, Maria Viktorovna First Husband, Woodland Reserve Natural Flooring, Articles P