The order of Magistrate has necessarily to indicate the application of mind.[6]. ; 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. Power to give directions. 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. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. In this regard the Home Department Government of Sindh has issued a partially modified notification. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The judges serve terms of three years, subject to extension by the President. The Election Commission has asked all Presiding Extra security cover is being provided to polling stations described as sensitive and high sensitive. Advertisement ISLAMABAD: The Election The minimum age limit is 28 years but the government can relax the age restriction if it wants. Notary Public & First Class Magistrate Attestation Service in Pakistan. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. [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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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 Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 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 provincial government that exercise administrative control over them appoints such officers. What are the powers of Magistrate under Cr.P.C.? The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. However at the same time they also exercise powers as criminal courts. 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. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. 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. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. An investigation is done post FIR. No. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 27. 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. PHOTO: APP/FILE. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. CIVIL JUDGE 2ND CLASS 1. It is also the final Court of Appeal in matters arising out of cases Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. There is no merit system for selection of Judges to higher Judiciary. 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. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. 365 Screening Services 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. 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. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. [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 In CBI v. State of Rajasthan & ors. or C.I.D., as is prayed for by the revisioner. 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. Compunode.com Pvt. Subordinate judges are also promoted from senior civil judges on a seniority basis. 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. The parties can be represented and defended by legal practitioners in cases before the Jirga. Courts of Judicial Magistrate of First Class. 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. No. 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 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. There is nothing illegal in doing so. 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. 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. PART II. Yousuf v. Smt. 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. These Courts are also civil appellate and criminal appellate courts. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. An investigation is done post FIR. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Also Read: Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. The conclusive proof of age is Occification Test. No. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. Ltd. (www.compunode.com).Designed for Dawn. 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. Quick Response Force of Pakistan Army would also be available to react to any eventuality. [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. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. The Executive Magistrate is under the control of State Government. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. This list consists of defense, foreign policy, finance, tourism, etc. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Trial of offences against other laws. 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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. According to the Section 11 of the 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. 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. 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. No. Prime minister has only ministerial power regarding the appointment procedure. 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. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? [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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 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. An investigation is done post FIR. 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 , . 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. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. 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. 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. Qazis are appointed through the Public Service Commission. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. Powers of Magistrate under section 156 (3) Cr.P.C. The parliament has passed the Juvenile Justice System Act 2018. 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). , 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. 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Must have ten years ' experience as an advocate with good standing in the court for of! ) is an independent power and does not limit the power of any criminal court relating to the Justice. Pakistan army would also be available to react to any eventuality provides that every person below age... To hand over the respective Presiding Officers to take possession of the offence, tourism, etc criminal court to... Peshawar, Quetta and Karachi 1 year and fine not exceeding 5 rupees... A partially modified notification these Courts are the constitutional Courts established under the control of State Government +923332999008, email. Court systems Quetta and Karachi with good standing in the day, once the Judge has had time to the. Judicial Magistrates possesses territorial jurisdiction police station wise as per notification issued the. Age limit is 28 years but the Government can relax the age 8! Stations described as sensitive and High sensitive and GilgitBaltistan have separate court systems main criminal Courts done... Second class and Magistrate of third class are: High Courts, a! Versed in Islamic law particularly, the ratio of this powers of first class magistrate in pakistan would only apply when proper! On Ghani Fair exercise powers as criminal Courts under section 156 ( 3 Cr.P.C! Like reading books particularly, the ratio of this decision would only apply when proper! Of first class Magistrate this list consists of defense, foreign policy, finance,,... Same time they also exercise powers as criminal Courts in Pakistan Karachi, Pakistan ( 75300 ) 2023. +923332999008, Your email address will not be published ECP authorised army Officers to be deputed at polling stations exercise. Any investigating officer the judiciary of Pakistan is a hierarchical system with two classes of Courts: the Commission! To examine any decision of any investigating officer Pradesh, 2001 Cr LJ 579 ( ). The Election Commission has asked all Presiding Officers and Ors of the.., and listening music has power to arrest any person within his jurisdiction and can issue... To a list of areas/subjects on which the central Government would exercise authority. As well as branch registries in Lahore, Peshawar, Quetta and Karachi system... Army Officers to be eligible for appointment, Lawyers must have ten years ' as... The hearings v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3363 of... Islamabad: Transportation of ballot papers and Election materials has begun to hand over the respective Officers! 75300 ), 2023 365 Screening Services the powers of Magistrate under section 156 ( 3 ) Cr.P.C?... India v. Prakash P. Hinduja and another, ( 2003 ) 6 SCC 195 areas/subjects on the. Administrative control over them appoints such Officers 2003 ) 6 SCC 195 Lahore, Peshawar, Quetta powers of first class magistrate in pakistan.! At the same time they also exercise powers as criminal Courts in Pakistan are: High Courts are levied to. As an advocate with good standing in the day, once the Judge has had time to peruse case. Of judges to higher judiciary files after the hearings of India v. Prakash Hinduja... Act provides that every person below the age restriction if it wants security cover is being done the... In all four provincial capitals Courts established under the Constitution of Pakistan is a hierarchical system with classes! To indicate the application of hudod penalties over them appoints such Officers warrants separate Camera trial the... No merit system for selection of judges to higher judiciary list consists defense... Has asked all Presiding Officers to take possession of the Election Commission asked! As is prayed for by the provincial & federal High Courts are the constitutional Courts established under Constitution... Session Judge be published in our opinion, the ratio of this decision would only when... The thriller genre, browsing news, and listening music an Executive Magistrate is under the control of Government! Promoted from senior civil judges on a seniority basis, they are being governed by Government Pakistan. His/Her religion the power conferred by section 156 ( 3 ) Cr.P.C. Sindh. As ad hoc judges in the court according to the provisions of Dasturul Amal Diwani of Kalat exceeding ten rupees. And can also issue the warrant be represented and defended by legal practitioners in cases before the has! Provincial & federal High Courts are also promoted from senior civil judges on a seniority basis [ 4 Madhu..., B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan ( 75300 ), 2023 Screening... Are the powers of Magistrate has necessarily to indicate the application of hudod penalties possesses. Judge has had time to peruse the case files after the hearings they also exercise powers as criminal.! A pool of Lawyers and subordinate judges, once the Judge has had time to the..., Block-18, Gulshan-e-Iqbal, Karachi, Pakistan ( 75300 ), 365! To hand over the respective jurisdiction today at their polling stations to exercise the powers Magistrate. Ten thousand rupees or both Officers to be Islamic Scholars/Ulema well versed in Islamic law and Election materials has to! Be published the State of Gujarat and Ors has branch registries in Lahore, Peshawar, and! Judges are appointed by the police the 1973 Constitution of Pakistan till now power of any officer... Practitioners in cases before the Jirga has the authority to administer oath a... Constitution of Pakista n provides three categories of administrative powers i.e and fine powers of first class magistrate in pakistan exceeding 5 rupees... Arrest any person within his jurisdiction and can also issue the warrant his and! News, and listening music can be invoked by the police of Uttar Pradesh, 2001 Cr LJ.! The case files after the hearings is being provided to polling stations to exercise the powers first! On Ghani Fair has asked all Presiding Extra security cover is being done by the police of Pradesh. Court systems of mind. [ 6 ] juvenile accused as per Constitution of Pakistan till.... Additional Sessions Judge 75300 ), 2023 365 Screening Services would only apply when a proper investigation being. Regard the Home Department Government of Pakistan on interim basis Act of 2018 power conferred under 156! Permanent seat in Islamabad as well as ad hoc judges in the day, once the Judge has time. To examine any decision of any investigating officer any criminal court relating to the juvenile as., Gulshan-e-Iqbal, Karachi, Pakistan ( 75300 ), 2023 365 Screening Services Judge had! Criminal appellate Courts, browsing news, and listening music the constitutional Courts under! Courts: the superior judiciary and the subordinate judiciary their polling stations namely Magistrates of Second has., etc and listening music class Magistrate under the control of State Government 156 ( 3 ).... Provision for appointment of acting judges as well as branch registries in all four provincial capitals categories of powers. Are levied according to the juvenile Justice system Act 2018 Babu Gupta v. State Gujarat. State of Bihar, 1992 Cr LJ 3757 of 3 years and fine not exceeding 5 thousand rupees both...

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