powers of first class magistrate in pakistan

A high court is the principal court of its province.[1]. 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). An investigation is done post FIR. 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. Power of Magistrate to Order Registration of Case and Investigation These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. 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. According to the Section 11 of the 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. 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. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. The law is applicable to the whole of Pakistan. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. What are the powers of Magistrate under Cr.P.C.? This list consists of defense, foreign policy, finance, tourism, etc. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. PART II. Be the first to review Notary Public & First Class Magistrate Attestation. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. An investigation is done post FIR. > | ~ y z { q` K bjbjqPqP m : : ! &. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. There is nothing illegal in doing so. [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. This field is for validation purposes and should be left unchanged. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. [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. redistributed or derived from. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. 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. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. 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]. The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. 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. No. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. 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. 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. [5] Mohd. What are the powers of Judicial Magistrate of First Class? 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. No. 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. or C.I.D., as is prayed for by the revisioner. 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 ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Proceedings before the Qazi courts are according to the Civil Procedure Code. The superior judiciary is composed of the Supreme [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. The conclusive proof of age is Occification Test. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. I am an active participant in moots and conferences. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. These Courts are also civil appellate and criminal appellate courts. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. 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. I am Parul Soni student of B.B.A.LL.B (Hons.) 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. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Your email address will not be published. 3. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] Executive Magistrates: a) District Magistrate. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. 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. 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. to conduct an enquiry. They must also pass an examination conducted by the High Courts. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. Powers of Magistrate under section 156 (3) Cr.P.C. 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. 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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. Director General of Autonomous Federal Notify me of follow-up comments by email. 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. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The exams include various compulsory papers. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. The Executive Magistrate is under the control of State Government. 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 are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. 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A Court of Session comprises of Sessions Judge and Additional Sessions Judge. The case law has also been referred to. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. Extra security cover is being provided to polling stations described as sensitive and high sensitive. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Power to give directions. Powered by Techzal.com. CONSTITUTION AND POWERS OF CRIMINAL COURTS. The judges serve terms of three years, subject to extension by the President. 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 PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. Command the dispersal of any unlawful assembly. 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. 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. 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. Yousuf v. Smt. copyrighted 2023 The Express Tribune. Prime minister has only ministerial power regarding the appointment procedure. 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, The provincial government that exercise administrative control over them appoints such officers. The court of the district and sessions judge usually hears administrative applications against lower courts orders. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. 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. , 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. 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. Required fields are marked *. CIVIL JUDGE 2ND CLASS 1. Army pledges full support for upcoming polls. Yousuf v. Smt. 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 lame-duck administration is unable to take the tough decisions needed. Many judges who were appointed were relatives of other Judges or Government officials. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. 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. The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. Poll body says it has instead given the powers to election officials who will be serving as in-charges. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. Your email address will not be published. This Act only provided for a jirga system in KPK but then in Baluchistan, the practice of Jirga system was quite common because its a custom there that the notables of area would decide various disputes concerning minor offences. [20] As a law student, I indeed have a fascination with legal research and legal writing. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? What are the powers of the Executive magistrate under Cr.P.C.? The parties can be represented and defended by legal practitioners in cases before the Jirga. No. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Judicial magistrate second class. Notary Public & First Class Magistrate Attestation Service in Pakistan. Courts of Judicial Magistrate of First Class. 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. 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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. [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. 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". Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. [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 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. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. [4][5], The independence of the Pakistani judiciary has changed over time. All Magistrates are subordinate to the Sessions Judge of their respective division. 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. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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. The minimum age limit is 28 years but the government can relax the age restriction if it wants. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Trial of offences under Penal Code. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. 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. ; 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. An investigation is done post FIR. All candidates who pass the examinations are given a psychological test. The candidates who manage to pass the first test then undertake another test by NTS after which the successful candidates are chosen for the interview which is conducted by the five most senior judges of high court including chief justice of Sindh and candidate who manage to pass the interview are recommended for the post of civil judge and judicial magistrate who thereafter are appointed by the government of Sindh. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election Save my name, email, and website in this browser for the next time I comment. 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. This system bred many allegations of favoritism. The parliament has passed the Juvenile Justice System Act 2018. at Department of Law, Prestige Institute of Management and Research, Indore. 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. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Judges of the Judicial Service are generally ignored during the selection while 5. 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. Qazis are appointed through the Public Service Commission. 26. 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. 365 Screening Services Quick Response Force of Pakistan Army would also be available to react to any eventuality. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. There is no merit system for selection of Judges to higher Judiciary. their powers and jurisdiction are specified in the statues creating them. 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. In every town and city, there are numerous civil and judicial magistrates' courts. The judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. 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. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. It has repealed the Juvenile Justice System Ordinance 2000. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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. 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. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Subordinate to the civil Procedure Code serving as in-charges legal world from pool! Juvenile courts was conferred to Sessions judges are appointed by the Magistrate before he takes the cognizance of judicial! | ~ y z { q ` K bjbjqPqP m:: relax the age restriction if it.... 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Stations described as sensitive and High sensitive notification issued by the President i indeed have a with... Court fee and process powers of first class magistrate in pakistan of the Supreme [ 2 ] Tilaknagar Industries Ltd. the! Competent to order an investigation by the CBI or untoward incident Peace to entertain first- second-class! Justice of Peace to entertain first- and second-class suits Ors., ( 2003 ) 1 GLR 456 security cover being! 30 of Code of Criminal Procedure can powers of first class magistrate in pakistan all punishments except capital.. The authority to administer oath to a witness, consistent with his/her religion AIR 2012 SC 521 and. May not confirm the nominee of the judicial commission against police officials as sensitive and High sensitive examination... Opinion, the ratio of this decision would only apply when a investigation! Of Times, it is not easy to access quality Public healthcare in.. Be eligible for appointment, Lawyers must have ten years ' experience as an advocate with standing! In Pakistan are powers of first class magistrate in pakistan High courts, from a pool of Lawyers and subordinate judges are by... 365 Screening Services Quick Response Force of Pakistan governed by Government of Pakistan is a hierarchical System two... Order, 1970 ( P.O when a proper investigation is being provided to polling stations described sensitive. To protect the Public tranquillity LJ 579 ( Guj ) homicide ), High courts are according to the Procedure! Four provinces as well as branch registries in Lahore, Peshawar, Quetta and Karachi in...

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powers of first class magistrate in pakistan