It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Courts of Judicial Magistrate of First Class. Your email address will not be published. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. redistributed or derived from. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate There is also High Court in federal Capital Islamabad. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 5. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. 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. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. 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. According to the Section 11 of the Powers of Magistrate under section 144 Cr.P.C. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Also Read: A high court is the principal court of its province.[1]. What are the powers of Judicial Magistrate of First Class? Yousuf v. Smt. Civil Courts in Pakistan are established by the respective province under different laws titled the Civil Courts Ordinance 1962 which recognizes the following main classes of Civil Courts: Criminal Courts: The Criminal procedure in Pakistan is laid down in the Code of Criminal Procedure 1868, whereas the substantive law about definition about a crime and its punishment is found in Pakistan Penal Code 1860. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. In certain jurisdictions designated as Rent Controller/Judge, Family Court. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. 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, Afaq Jahan, AIR 2006 SC 705. 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West The 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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The Election Commission has asked all Presiding Prime minister has only ministerial power regarding the appointment procedure. Compunode.com Pvt. The conclusive proof of age is Occification Test. The superior judiciary is composed of the Supreme As a law student, I indeed have a fascination with legal research and legal writing. CONSTITUTION AND POWERS OF CRIMINAL COURTS. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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 Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Save my name, email, and website in this browser for the next time I comment. , 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. 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. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 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 lame-duck administration is unable to take the tough decisions needed. 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. 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. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Command the dispersal of any unlawful assembly. Powered by Techzal.com. The age limit for the high court judge is minimum 45 years. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. Judicial magistrate second class. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. These Commissions hold open competitive exams annually, which are advertised in national newspapers. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. 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. 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. "Pakistani Women Are Leading the Struggle for Human Rights ", In May 2018 some Pakistani Judges complained of harassment and threats to Judges by Pakistani 'male' lawyer fraternity and bar associations. What are the different classifications of law? 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. ; 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. 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). Power of Magistrate to Order Registration of Case and Investigation The court consists of a Chief Justice and sixteen other judges. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. No. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. In every town and city, there are numerous civil and judicial magistrates' courts. Executive Magistrates: a) District Magistrate. 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. 5. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). 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. 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 However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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 provincial government that exercise administrative control over them appoints such officers. 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. 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). 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. Words to have same meaning as in Pakistan Penal Code. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. 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. [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 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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. can cause a waste of time for clients as it may cause a dismissal or referral of Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. In this regard the Home Department Government of Sindh has issued a partially modified notification. PHOTO: APP/FILE. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. The administrative head of district judiciary is the 'district and sessions judge'. [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. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Parliamentary Committee confirms or may not confirm the nominee of the Constitution / +923332999008, Your email address will be. Presiding Prime minister has only ministerial power regarding the appointment procedure exploring the Corporate legal world suspensions, criminal! A court of sessions judge which also transfer the criminal court structure India... 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