Director General of Autonomous Federal Your email address will not be published. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. The court consists of a Chief Justice and sixteen other judges. [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. "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. 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 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. There is also High Court in federal Capital Islamabad. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. The judges serve terms of three years, subject to extension by the President. What are the different classifications of law? What are the powers of Magistrate under Cr.P.C.? )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) An investigation is done post FIR. Trial of offences against other laws. 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. Prime minister has only ministerial power regarding the appointment procedure. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. They must also pass an examination conducted by the High Courts. 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 minimum age limit is 28 years but the government can relax the age restriction if it wants. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. All Magistrates are subordinate to the Sessions Judge of their respective division. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. The provincial government that exercise administrative control over them appoints such officers. They are Gilgit Baltistan and AJK. These Commissions hold open competitive exams annually, which are advertised in national newspapers. [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. 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. Executive Magistrates: a) District Magistrate. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. 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. 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). The decisions of the court are binding on the high courts as well as the subordinate judiciary. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. ISLAMABAD, Aug 13: The Election Commission of Pakistan has authorised officers of the armed forces to be deputed at polling stations to exercise the powers of first class magistrate on Aug 22 when by-elections in 42 constituencies of the national and provincial assemblies will be held. Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan. 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. 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. 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. If the Magistrate on an application under Section 156(3) Cr.P.C. Also Read: Yousuf v. Smt. Law prescribes their powers and functions. All candidates who pass the examinations are given a psychological test. CIVIL JUDGE 2ND CLASS 1. Powered by Techzal.com. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] 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. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. 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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. No. 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. 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. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. [3], Courts of Judicial Magistrate of First Class, Courts of judicial magistrate of first class, Courts of judicial magistrate of second class, National Judicial Appointments Commission, List of sitting judges of the Supreme Court, List of former judges of the Supreme Court, List of female judges of the Supreme Court, Courts of Judicial Magistrate of Second Class, https://en.wikipedia.org/w/index.php?title=Courts_of_Judicial_Magistrate_of_First_Class&oldid=1111089414, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 September 2022, at 07:18. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. 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. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. 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. [5] Mohd. It has repealed the Juvenile Justice System Ordinance 2000. Special Courts: Several special Courts and Tribunals have also been established through different laws to deal with specified matters such as Income Tax Tribunal, labour Courts, Family Courts, Rent Tribunals, Anti-Terrorism Courts, and Board of Revenues etc. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. PHOTO: APP/FILE. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. There is a high court for the Islamabad Capital Territory and four provincial high courts. 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. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Words to have same meaning as in Pakistan Penal Code. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. , 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. 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. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. PART II. The conclusive proof of age is Occification 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. 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 CONSTITUTION AND POWERS OF CRIMINAL COURTS. 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. 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. This field is for validation purposes and should be left unchanged. can cause a waste of time for clients as it may cause a dismissal or referral of What are the powers of Judicial Magistrate of First Class? Notify me of follow-up comments by email. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). 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. 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. 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 writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. 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. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. An investigation is done post FIR. at Department of Law, Prestige Institute of Management and Research, Indore. 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, Required fields are marked *. 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 civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Power of Magistrate to Order Registration of Case and Investigation This material may not be published, broadcast, rewritten, 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. In this regard the Home Department Government of Sindh has issued a partially modified notification. 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. No. The exams include various compulsory papers. Your email address will not be published. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 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. In Nareshbhai Manibhai Patel v. State Of Gujarat And Ors,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. Army pledges full support for upcoming polls. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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 Magistrates in group A category status with judicial powers are known as first-class magistrates. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Yousuf v. Smt. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Federal list, Provincial List, and Concurrent List. 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. It does not expressly and exhaustively provides for the powers and its extent. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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. 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