In every town and city, there are numerous civil and judicial magistrates' courts. 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. It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. "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 judges serve terms of three years, subject to extension by the President. [4][5], The independence of the Pakistani judiciary has changed over time. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . Powers of Magistrate under section 156 (3) Cr.P.C. 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. All candidates who pass the examinations are given a psychological test. Notary Public & First Class Magistrate Attestation Service in Pakistan. [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 Cases are usually allotted by administrative orders of district and sessions judges. What are the powers of the Executive magistrate under Cr.P.C.? 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. There is also High Court in federal Capital Islamabad. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. This material may not be published, broadcast, rewritten, Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). To try civil suit up to the value of fifty thousand rupees; and 2. , 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. Powers of Magistrate under section 144 Cr.P.C. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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. 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. Save my name, email, and website in this browser for the next time I comment. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. I am an active participant in moots and conferences. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. [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 government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. 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. What are the powers of Judicial Magistrate of First Class? 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. 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. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. District judiciary or district courts exist in every district of each province, and have civil and criminal jurisdiction ordinarily governed by Civil Procedure Code,1908 for civil cases and by Code of Criminal Procedure in criminal cases. 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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. Power to give directions. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. 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. They must also pass an examination conducted by the High Courts. Trial of offences under Penal Code. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. 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)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Basically, efforts were being made to replace the current judicial system with the system of Qazi and Majlis e Shura as it was practiced in the early day of Islam. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Executive Magistrates: a) District Magistrate. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. The superior judiciary is composed of the Supreme This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. 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). Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. They are Gilgit Baltistan and AJK. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Command the dispersal of any unlawful assembly. Extra security cover is being provided to polling stations described as sensitive and high sensitive. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 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 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 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. 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. 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. 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. 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. Ltd. (www.compunode.com).Designed for Dawn. The Election Commission has asked all Presiding The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. 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. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 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. There is also provision for appointment of acting judges as well as ad hoc judges in the court. The attestation of the legal documents by the first class magistrate is usually required for visa processing as well as divorce related issues and other legal activities. The power under section 156(3) of the Code can be exercised by the Magistrate even before he takes the cognizance provided that the complaint discloses the commission of a cognizable offence. Magistrates in group A category status with judicial powers are known as first-class magistrates. 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. The Executive Magistrate is under the control of State Government. 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. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. & federal High courts, operating under powers of first class magistrate in pakistan Hudood Laws of Pakistan, certain offences under of! 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