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. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. CIVIL JUDGE 2ND CLASS 1. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Section 156(3) attempts to define powers briefly. 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 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]. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 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. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Judicial magistrate first class. Prior to 18th Constitutional Amendments, appointments to the Supreme Court of Pakistan were made by the President of Pakistan, on the recommendation of the Chief Justice of the Supreme Court. An investigation is done post FIR. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. ). Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? Afaq Jahan, AIR 2006 SC 705. redistributed or derived from. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Ltd. (www.compunode.com).Designed for Dawn. [5] Mohd. 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. In CBI v. State of Rajasthan & ors. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Law prescribes their powers and functions. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. In this regard the Home Department Government of Sindh has issued a partially modified notification. or C.I.D., as is prayed for by the revisioner. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. It is also the final Court of Appeal in matters arising out of cases The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. An investigation is done post FIR. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. An investigation is done post FIR. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Federal list, Provincial List, and Concurrent List. 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 Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. The court appoints its own staff and frames its own rules of procedure. Powered by Techzal.com. 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. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). Qatl e Amd (culpable homicide), rape, defamation dacoity etc. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. To try civil suit up to the value of fifty thousand rupees; and 2. 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. Qazis are appointed through the Public Service Commission. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. There is also High Court in federal Capital Islamabad. [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. It has repealed the Juvenile Justice System Ordinance 2000. 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. The court of the district and sessions judge usually hears administrative applications against lower courts orders. Quick Response Force of Pakistan Army would also be available to react to any eventuality. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. PART II. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. [1], According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. Powers of Magistrate under section 156 (3) Cr.P.C. The Election Commission has asked all Presiding The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Many judges who were appointed were relatives of other Judges or Government officials. The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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". 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. Powers of Magistrate under section 156 (3) Cr.P.C. There is a high court for the Islamabad Capital Territory and four provincial high courts. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Yousuf v. Smt. copyrighted 2023 The Express Tribune. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same though he should not himself investigate. [4][5], The independence of the Pakistani judiciary has changed over time. The court consists of eight Muslim judges, appointed by the President of Pakistan, on the advice of a judicial committee of the chief justices of the Supreme Court and the Federal Shariat Court. Executive Magistrates: a) District Magistrate. I am Parul Soni student of B.B.A.LL.B (Hons.) 365 Screening is one of the specialized premier registered firm to provide Background Screening and all types of Academic Documents Verification & Attestation for WES, IQAS, ICAS, CES, ICES, MCC & PEBC Canadian Educational Credentials Assessment (ECA) Agencies and provides associated online account registration and payment through Credit Card facility in Pakistan. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. Command the dispersal of any unlawful assembly. > | ~ y z { q` K bjbjqPqP m : : ! &. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. The Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. Notify me of follow-up comments by email. 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). There is no merit system for selection of Judges to higher Judiciary. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. 26. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. No. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. 6 of 1976), Article 3[(1)](a), Learn how and when to remove this template message, Chief Justice of the Federal Shariat Court, "Gilgit-Baltistan: A question of autonomy", "Pakistan is "mainstreaming" misogynist tribal justice", Constitution of Pakistan (1956), Article 148, Constitution (Eighteenth Amendment) Act, 2010 (Act No. The provincial government that exercise administrative control over them appoints such officers. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. 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. 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. 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 [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Judges of the Judicial Service are generally ignored during the selection while 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. 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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. 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. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. Unless otherwise stated, all content is 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. Power of Magistrate to Order Registration of Case and Investigation Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. PHOTO: APP/FILE. at Department of Law, Prestige Institute of Management and Research, Indore. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. 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. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. These Commissions hold open competitive exams annually, which are advertised in national newspapers. Your email address will not be published. Required fields are marked *. InUnion of India v. Prakash P. Hinduja and another,[7] it has been observed that a Magistrate cannot interfere with the investigation by the police. The 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. There is nothing illegal in doing so. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The lame-duck administration is unable to take the tough decisions needed. 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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. 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. The exams include various compulsory papers. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. 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. 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. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. The minimum age limit is 28 years but the government can relax the age restriction if it wants. As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan. 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 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. 5. 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. Your email address will not be published. Not be published Prestige Institute of Management and Research, Indore repealed the Juvenile Justice system 2000... Judicial appointments was curtailed case, the independence of the Pakistani judiciary has changed over time and Magistrate of Class! Islamization program called Magistrate 1st Class who were appointed were relatives of other or. 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