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. 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 , . 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Qazis are appointed through the Public Service Commission. 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. 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 judges serve terms of three years, subject to extension by the President. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Cases are usually allotted by administrative orders of district and sessions judges. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. 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. Yousuf v. Smt. What are the powers of Magistrate under Cr.P.C.? This field is for validation purposes and should be left unchanged. It does not expressly and exhaustively provides for the powers and its extent. 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. Judges of the Judicial Service are generally ignored during the selection while There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. Executive Magistrates: a) District Magistrate. All candidates who pass the examinations are given a psychological test. 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. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. 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. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. Courts of Judicial Magistrate of First Class. 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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. 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 . The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. The decisions of the court are binding on the high courts as well as the subordinate judiciary. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. 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. Required fields are marked *. What are the different classifications of law? Powered by Techzal.com. There is nothing illegal in doing so. PHOTO: APP/FILE. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. 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 word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. No. 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. If the Magistrate on an application under Section 156(3) Cr.P.C. The exams include various compulsory papers. 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. To try civil suit up to the value of fifty thousand rupees; and 2. 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. 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. 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. There is also High Court in federal Capital Islamabad. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. Yousuf v. Smt. 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. 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 Prime minister has only ministerial power regarding the appointment procedure. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Federal list, Provincial List, and Concurrent List. Powers of Magistrate under section 156 (3) Cr.P.C. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. PART II. Also Read: Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. These Courts are also civil appellate and criminal appellate courts. No. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. The Executive Magistrate is under the control of State Government. 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". 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. 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. 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. 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. their powers and jurisdiction are specified in the statues creating them. Trial of offences under Penal Code. 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. Many judges who were appointed were relatives of other Judges or Government officials. Advertisement ISLAMABAD: The Election 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. 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 permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. 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. 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. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. 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. 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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. [4][5], The independence of the Pakistani judiciary has changed over time. 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. What are the powers of the Executive magistrate under Cr.P.C.? 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. [20] 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. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Difference between Accomplice, Co-Accused, and Approver. 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 26. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. Section 156(3) attempts to define powers briefly. Subordinate judges are also promoted from senior civil judges on a seniority basis. 5. 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. Required fields are marked *. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] 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. 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. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate 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 current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 27. 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