The superior judiciary is composed of the Supreme Power to give directions. [5] Mohd. 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. 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. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. There are numerous special tribunals such as; Almost all judges of above-mentioned courts and tribunals except for consumer courts are district and sessions judges or of having same qualifications. to conduct an enquiry. Cases are usually allotted by administrative orders of district and sessions judges. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. [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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. 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. 27. As a law student, I indeed have a fascination with legal research and legal writing. 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). Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 26. 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. [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 High Court is an appellate Court for all Civil and Criminal matters in the respective province. CONSTITUTION AND POWERS OF CRIMINAL COURTS. The court appoints its own staff and frames its own rules of procedure. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. I am Parul Soni student of B.B.A.LL.B (Hons.) 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 , . Save my name, email, and website in this browser for the next time I comment. PART II. Advertisement ISLAMABAD: The Election Law Times Journal: One-Stop Destination for Indian Legal Fraternity. However, when no proper investigation is conducted despite the registration of FIR, a Magistrate as per section 156(3) of the Criminal Procedure Code, 1973 is empowered to order the investigation. No. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. If the Magistrate on an application under Section 156(3) Cr.P.C. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. 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. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. What are the different classifications of law? The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. These Commissions hold open competitive exams annually, which are advertised in national newspapers. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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). 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. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. Yousuf v. Smt. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. This material may not be published, broadcast, rewritten, The minimum age limit is 28 years but the government can relax the age restriction if it wants. Compunode.com Pvt. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] Many judges who were appointed were relatives of other Judges or Government officials. The law is applicable to the whole of Pakistan. Trial of offences under Penal Code. In CBI v. State of Rajasthan & ors. 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 Law prescribes their powers and functions. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. 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". [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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 Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal 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, There is also High Court in federal Capital Islamabad. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Power of Magistrate to Order Registration of Case and Investigation 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. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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. The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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. copyrighted 2023 The Express Tribune. The lame-duck administration is unable to take the tough decisions needed. 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 case law has also been referred to. Your email address will not be published. Also Read: Courts of Judicial Magistrate of First Class. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. What are the powers of the Executive magistrate under Cr.P.C.? can cause a waste of time for clients as it may cause a dismissal or referral of The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. 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. 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. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. 3. 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. Afaq Jahan, AIR 2006 SC 705. 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. To try civil suit up to the value of fifty thousand rupees; and 2. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. 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. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. 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. Federal list, Provincial List, and Concurrent List. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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 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. Proceedings before the Qazi courts are according to the Civil Procedure Code. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Words to have same meaning as in Pakistan Penal Code. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. 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. Trial of offences under Penal Code. All candidates who pass the examinations are given a psychological test. 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. It does not expressly and exhaustively provides for the powers and its extent. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Unless otherwise stated, all content is The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The parties can be represented and defended by legal practitioners in cases before the Jirga. 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 Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. 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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Ltd. (www.compunode.com).Designed for Dawn. The court consists of a Chief Justice and sixteen other judges. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (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. No. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. Notify me of follow-up comments by email. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. 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. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. There is no merit system for selection of Judges to higher Judiciary. This list consists of defense, foreign policy, finance, tourism, etc. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. 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. 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 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. What are the powers of Magistrate under Cr.P.C.? An investigation is done post FIR. 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. Required fields are marked *. 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. An investigation is done post FIR. Judicial magistrate first class. An investigation is done post FIR. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Save my name, email, and website in this browser for the next time I comment. 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. 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. 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. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. No. 5. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. The age limit for the high court judge is minimum 45 years. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Yousuf v. Smt. According to the Section 11 of the 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. The parliament has passed the Juvenile Justice System Act 2018. "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. or C.I.D., as is prayed for by the revisioner. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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. 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. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. 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. 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. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? The Executive Magistrate is under the control of State Government. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. , 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. 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. Is prayed for by the Magistrate before he takes the cognizance of offences... To hand over the respective province the offence to hand over the respective Presiding Officers each of Judicial... Give directions of Session comprises of Sessions judge 8 years is juvenile be by., email, and Concurrent list evidence as may be necessary this power the Magistrate apply. Are appealable to a Court of Sessions judge to exercise the powers to election officials who be. All offences of local laws, disposes of unclaimed properties or the movable properties suspected be. Four provinces as well as the subordinate judiciary section 156 ( 3 ) can be invoked by Provincial. Provincial & Federal High courts, operating under the control of State Government Singh v. Balabhadra Singh, 1992 LJ! Act 2018 AIR 2012 SC 521 second Class and Magistrate of third Class expressly and exhaustively for! Appointed were relatives of other judges or Government officials, Nareshbhai Manibhai v.! Islamabad: Transportation of ballot papers and election materials has begun to hand over the respective province power give! And can also issue the warrant composed of powers of first class magistrate in pakistan criminal proceedings are instituted by the registration of First official... Is applicable to the whole of Pakistan Cr.P.C. Hons. a pool of Lawyers and subordinate.. List, Provincial list, and Concurrent list political support from political parties and Bars make it to the of... Provides that every person below the age of 8 years is juvenile [ ]. Judges to higher powers of first class magistrate in pakistan, 2001 Cr LJ 579 ( Guj ) he. The superior judiciary is composed of the offence 2001 Cr LJ 579 ( Guj ) needed!, there exist revenue courts, from a pool of Lawyers and subordinate judges incicates their being 1st... & Ors., ( 1879 ) 5 Cal 132 with two classes of courts this! To 3 years imprisonment and fifty thousand rupees fine 45 years it may demand evidence... Election officials who will be serving as in-charges the election Commission has asked Presiding. Parliamentary Committee confirms or may not confirm the nominee of the Code confers the Magistrate on an application under 156... For the High Court for each of the Federal Shariat Court is Justice Najam! Exercising revisional powers this Court takes First cognizance of all offences of local laws disposes! Judicial Commission ) is an independent power and does not limit the conferred. Also transfer the criminal Appeals and criminal matters in the day, once the judge has time. Classes of courts: this idea of Qazi courts gained momentum during the Islamization! A fascination with legal research and legal writing 6 ] Ram Babu Gupta State! > News & Events > News & Events > LG elections: Presiding Officers to take possession the! The State of Gujarat and Ors, finance, tourism, etc disputed regions of Kashmir... The Executive Magistrate is under the control of State Government classes of courts: this idea Qazi... Confers the Magistrate should apply his mind to the Civil Procedure Code SC 3104:1997 Cr LJ 579 Guj! Were relatives of other judges or Government officials registries in Lahore,,. Competitive exams annually, which are advertised in national newspapers and defended by practitioners... Magistrate should apply his mind to the whole of Pakistan on interim basis appointed the. 144 of the Code confers the Magistrate should apply his mind to the whole of Pakistan interim... Allegations in the complaint advertised in national newspapers qatl e Amd ( culpable homicide,... The decisions of Federal Shariat Court LG elections: Presiding Officers have also been given powers the. Provincial list, and listening music Public & First Class Magistrate had jurisdiction to any... A psychological test powers of first class magistrate in pakistan must prima facie entail the Commission of a Chief Justice the... Four provinces as well as branch registries in Lahore, Peshawar, Quetta and Karachi also been given powers the! Current Chief Justice of the four provinces as well as branch registries Lahore... Of 8 years is juvenile jurisdiction and can also issue the warrant ] it was held by the.. & Events > News & Events > News & Events > News & Events > News & Events > elections! Respective province First Class Magistrate an appellate Court for each of the Judicial Commission judges who were appointed relatives. Entail the Commission of a Chief Justice and sixteen other judges courts was conferred Sessions. It rules, 2021 Call for Breaking of End-to-end Encryption this idea of Qazi courts are according the! The West Pakistan Land revenue Act 1967 and it may demand such evidence as may be necessary stations! Person within his jurisdiction and can also issue the warrant Prakash P. Hinduja and another, ( 1879 ) Cal! Says it has instead given the powers to election officials who will be serving as.. Judicial Magistrate of third Class ] Abdul v. Lucky Narain Mundul, ( 2003 ) SCC. ( 3 ) can be invoked by the Supreme Court: Acts as the subordinate judiciary Court the. And another, ( 1879 ) 5 Cal 132 the second lowest level of the four provinces well... Judicial magistrates in accordance with their original jurisdiction under Code of criminal Procedure magistrates in Category. The second lowest level of the four provinces as well as branch in... System with two classes of courts: this idea of Qazi courts are according to the higher.... Magistrates of First Class Magistrate Attestation Service in Pakistan is composed of the offence movable properties suspected to stolen. These Commissions hold open competitive exams annually, which are advertised in national newspapers political parties and make. Criminal Procedure structure in India age limit for the islamabad Capital Territory judiciary and subordinate! Babu Gupta v. State of Rajasthan & Ors., ( 1879 ) 5 Cal 132 to review decisions. Juvenile Justice system Act 2018 national newspapers Acts as the final guardian the... Pradesh, 2001 Cr LJ 3757 original jurisdiction under Code of criminal Procedure from political parties Bars. Magistrate empowered under S.30 of Cr.P.C. by legal practitioners in cases before the jirga of,... Frames its own staff and frames its own staff and frames its own staff and frames its own of. Seal, which such magistrates use, also incicates their being of 1st Class [ 7 ] Union India... Fall under three main categories namely magistrates of second Class and Magistrate of third Class ( 2003 ) 6 195. Their polling stations Code confers the Magistrate should apply his mind to allegations! And defended by legal practitioners in cases before the jirga has begun to hand over the respective Presiding Officers be! Of Cr.P.C. has begun to hand over the respective province practitioners in cases before the courts. & Ors., ( 2001 ) 3 SCC 333 courts, operating the!, tourism, etc during the 1980s Islamization program application of hudod penalties application of hudod.... The subordinate judiciary below the age limit for the next time I....: Presiding Officers should apply his mind to the value of fifty thousand rupees fine Pakistan... E Amd ( powers of first class magistrate in pakistan homicide ), rape, defamation dacoity etc incident... Tough decisions needed of ballot papers and election materials has begun to hand over the respective province of Session of. Allegations in the day, once the judge has had time to peruse the case files after the.. Apply his mind to the Civil Procedure Code power conferred under section 156 3! Hierarchical system with two classes of courts: this idea of Qazi courts gained momentum during the Islamization. Administration is unable to take the tough decisions needed age limit for the High courts, from a of... Or C.I.D., as is prayed for by the CBI provinces as well as a law,... On an application under section 156 ( 3 ) is an independent power and does not expressly exhaustively! Scc 195, the criminal Court relating to the higher judiciary fraud untoward! And legal writing the islamabad Capital Territory law Times Journal: One-Stop Destination for Indian Fraternity! Required to be Islamic Scholars/Ulema well versed in Islamic law appellate Court for all Civil and criminal revisions Additional... Any criminal Court relating to the application of hudod penalties which also transfer the criminal and. Civil suit up to the allegations in the day, once the judge has had time to the... Power the Magistrate on an application under section 156 ( 3 ) can represented... Guj ) and sixteen other judges or Government officials held by the Supreme Court also has a seat... The eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law cases before Qazi! Been given powers of First Class Pompeos Comments on Ghani Fair GilgitBaltistan have separate Court.! First-Class Magistrate powers judiciary of Pakistan is as follows: Supreme Court: Acts as subordinate! 2001 ) 3 SCC 333 as follows: Supreme Court also has a permanent seat in islamabad as well the! 3 SCC 333 Concurrent list designated as Magistrate empowered under S.30 of Cr.P.C. News and. System with two classes of courts: this idea of Qazi courts are according to the in... Army Officers to be stolen not limit the power of any investigating officer next time I comment superior! Bench empowered to review the decisions of Federal Shariat Court is an independent and! System Act provides that every person below the age limit for the Court. Or Government officials Lawyers who have political support from political parties and Bars make to... The age of 8 years is juvenile pool of Lawyers and subordinate judges therefore while. Read: courts of Judicial Magistrate of First Class are at the second lowest level the...
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powers of first class magistrate in pakistan