X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. The court consists of a Chief Justice and sixteen other judges. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Judges of the Judicial Service are generally ignored during the selection while Afaq Jahan,[5] the Court held that for the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. What are the different classifications of law? 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. at Department of Law, Prestige Institute of Management and Research, Indore. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Director General of Autonomous Federal 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. This system bred many allegations of favoritism. 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. 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. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. Executive Magistrates: a) District Magistrate. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 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. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. This material may not be published, broadcast, rewritten, An investigation is done post FIR. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Notary Public & First Class Magistrate Attestation Service in Pakistan. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. The Election Commission has asked all Presiding The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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 ,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). 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. Save my name, email, and website in this browser for the next time I comment. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. No. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Therefore, its crucial to get your documents attested and Fikarfree can ease the process complications with you so that you can be free of anxiety. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. 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. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. This section does not deal with cases of the ordinary public nuisance but the cases where the urgency demands setting aside all the formalities to the making of an order. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Be the first to review Notary Public & First Class Magistrate Attestation. 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. 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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. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. copyrighted 2023 The Express Tribune. 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. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. KARACHI: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. 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. The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. The age limit for the high court judge is minimum 45 years. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. Notify me of follow-up comments by email. The case law has also been referred to. 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, 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. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. The conclusive proof of age is Occification Test. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. their powers and jurisdiction are specified in the statues creating them. [1] A Magistrate is empowered to order the investigation for the offence only when he is empowered to take the cognizance of such offence under section 190 of the Code. The exams include various compulsory papers. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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 , . They are Gilgit Baltistan and AJK. The provincial government that exercise administrative control over them appoints such officers. Powers of Magistrate under section 156 (3) Cr.P.C. Federal list, Provincial List, and Concurrent List. 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. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. What are the powers of Magistrate under Cr.P.C.? 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. 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. CIVIL JUDGE 2ND CLASS 1. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Subordinate judges are also promoted from senior civil judges on a seniority basis. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. What are the powers of Judicial Magistrate of First Class? [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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. 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 It is also the final Court of Appeal in matters arising out of cases An investigation is done post FIR. [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 Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. Also Read: The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Required fields are marked *. Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. Power to give directions. Difference between Accomplice, Co-Accused, and Approver. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Required fields are marked *. 26. The law is applicable to the whole of Pakistan. 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. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The administrative head of district judiciary is the 'district and sessions judge'. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. This list consists of defense, foreign policy, finance, tourism, etc. 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. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. can cause a waste of time for clients as it may cause a dismissal or referral of In CBI v. State of Rajasthan & ors. 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. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. 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. Advertisement ISLAMABAD: The Election In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The attestation of the legal documents by the first class magistrate is usually required for visa processing as well as divorce related issues and other legal activities. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. Ltd. (www.compunode.com).Designed for Dawn. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 3. No. Notary Public & First Class Magistrate Attestation Service in Pakistan. Yousuf v. Smt. powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. 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. According to the Section 11 of the 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. Command the dispersal of any unlawful assembly. The judges serve terms of three years, subject to extension by the President. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. 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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Court usually starts early in the morning, with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the judicial magistrates' courts and civil judges. It does not expressly and exhaustively provides for the powers and its extent. CONSTITUTION AND POWERS OF CRIMINAL COURTS. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. This field is for validation purposes and should be left unchanged. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. 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. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. 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. 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. Law prescribes their powers and functions. 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. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. The Executive Magistrate is under the control of State Government. 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). Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Save my name, email, and website in this browser for the next time I comment. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and Government of Pakistans COVID Information Portal, National Institute of Health National Health Services Regulation and Coordination, National Database and Registration Authority, LG elections: Presiding officers granted first-class magistrate powers, Your Right to Vote Constitution and Beyond, Myths about Electoral System and Processes, Motivational Quotations for Politics, Democracy, and Elections, https://tribune.com.pk/story/976352/lg-elections-presiding-officers-granted-first-class-magistrate-powers/, PPP gets deeper into trouble as another senior leader forms pressure group, ECP asserts its authority to examine party funds, Eligible voters registered in their constituencies: CEC, Voter gender gap serious challenge, says CEC, Voters asked to verify registration status from ECPs SMS service, ECP omits names of over 4 million deceased voters from list, Punjab govt for delay in publication of delimitation of constituencies, LG dept monitoring system to improve governance, SHC directs ECP to conduct LB elections within 120 days, Amend Constitution to help LG system function, ECP Receives Briefing On Third Strategic Plan 2019-23, Local government polls: ECP constitutes delimitation committees, Punjab unlikely to hold local bodies polls soon, Enrollment Of All Eligible Voters; Reducing Gender Gap Important For Transparent Elections: PEC,Punjab, Delimitation for new local bodies starts this week. 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