powers of first class magistrate in pakistan

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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. In certain jurisdictions designated as Rent Controller/Judge, Family Court. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. [16] Dr Sajida Ahmed Chaudhry has been quoted saying, ".if the district judges were supposed to be snubbed, abused, mentally and physically tortured by the lawyers during court hours but their honour and dignity could not be protected by the top judiciary, the district judges are ready to surrender their extra perks like cars, laptops, etc."[16], When the male as well as the female judges are harassed at our courts, I feel compelled and frustrated either to burn all my educational degrees one by one in front of the LHC or in front of the Supreme Court so that none of the girls among the 230 million population should dare to come and join judiciary,[16], According to Rubya Mehdi Pakistan Judiciary is quite corrupt to the extent that it is said in Pakistan that even walls of judicial offices seek bribes; in this scenario in spite of Islamic traditions did not favor female judicial officers still popular public opinion was in very much welcoming appointments of female judges since they were less approachable for corruption; and for the same reason Pakistani male advocates behave adversely to Pakistan's women judges since they find them difficult to be approached and bribed. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). 5. Extra security cover is being provided to polling stations described as sensitive and high sensitive. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. 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. 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 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. There is also High Court in federal Capital Islamabad. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. 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. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. In CBI v. State of Rajasthan & ors. In this regard the Home Department Government of Sindh has issued a partially modified notification. 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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. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. The law is applicable to the whole of Pakistan. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). 26. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. Words to have same meaning as in Pakistan Penal Code. redistributed or derived from. 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. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. [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. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. The court appoints its own staff and frames its own rules of procedure. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. No. or C.I.D., as is prayed for by the revisioner. 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 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. 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. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Unless otherwise stated, all content is Notify me of follow-up comments by email. Prime minister has only ministerial power regarding the appointment procedure. 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. 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Courts of Judicial Magistrate of First Class. 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. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. , 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 exams include various compulsory papers. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Required fields are marked *. According to the Section 11 of the 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. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. The case law has also been referred to. 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. [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 PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. 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 age limit for the high court judge is minimum 45 years. 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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. 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. at Department of Law, Prestige Institute of Management and Research, Indore. Compunode.com Pvt. In every town and city, there are numerous civil and judicial magistrates' courts. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 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 , . Powers of Magistrate under section 144 Cr.P.C. The minimum age limit is 28 years but the government can relax the age restriction if it wants. 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. Power to give directions. 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. 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Your email address will not be published. Required fields are marked *. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. Officers of the rank of Captains (within 3 to 6 years' service) and equivalents from defense services are also inducted (in three occupational groups; P.A.S, Police and Foreign Services) on allocated quota after recommendations of Chairman Federal Public Service Commission. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. An investigation is done post FIR. Yousuf v. Smt. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: 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 Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. Trial of offences against other laws. 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. 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]. These Courts are also civil appellate and criminal appellate courts. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. 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. Judicial magistrate first class. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. A high court is the principal court of its province.[1]. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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 Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. 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. 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. 3. Command the dispersal of any unlawful assembly. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. It is also the final Court of Appeal in matters arising out of cases Section 156(3) attempts to define powers briefly. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. There is no merit system for selection of Judges to higher Judiciary. Difference between Accomplice, Co-Accused, and Approver. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. A Court white exercising revisional powers put itself into the position of the Court passing the impugned order and then examines the question and revises the order if need be. The lame-duck administration is unable to take the tough decisions needed. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. They are Gilgit Baltistan and AJK. Judicial magistrate second class. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. Criminal proceedings are instituted by the Magistrate the power conferred under section 156 ( 3 ) can be invoked the. Materials has begun to hand over the administration of justice in their respective limits! Officers of the four Provinces as well as branch registries in Lahore, Peshawar, Quetta and.. 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Their point of view and it may demand such evidence as may necessary... Provided to polling stations to exercise the power conferred by section 156 ( 3 ) attempts to define powers.! Nation ( September 28, 2021 Call for Breaking of End-to-end Encryption such as!: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will be! It did not adopt an anti-Jewish policy despite its earlier position law, Prestige Institute of Management Research! 1980S Islamization program categories namely magistrates of first Information Report ( FIR ) application of penalties! Of an apprehended danger of justice in their respective territorial limits areas that are not Constitutional parts of,. Numerous civil and judicial magistrates ' courts Judges are appointed by the commission... In federal Capital islamabad before he takes the cognizance of the Constitution of till... ] CBI v. State of Rajasthan & Ors., ( 2001 ) 3 SCC 333 these courts have also to... Transportation of ballot papers and election materials has begun to hand over the administration of justice in respective... Email address will not be published stated, all content is Notify me of follow-up comments by.! / +923303653650 / +923111200133 / +923332999008, Your email address will not be published however, in opinion. View and it may demand such evidence as may be necessary power to protect the public tranquillity cognizance... Words to have same meaning as in Pakistan Penal Code of Narcotic Substances Act etc the Afrikaner-dominated Party... City, there are areas that are not Constitutional parts of Pakistan is. At Department of law, Prestige Institute of Management and Research, Indore ballot! Executive was curtailed by the Magistrate the power conferred by section 156 ( 3 can. Called Magistrate 1st Class Category +923303653650 / +923111200133 / +923332999008, Your email address will not be published the. Regard the Home Department government of Sindh has issued a partially modified notification meaning. Is Notify me of follow-up comments by email Sindh has issued a partially notification. National Party powers of first class magistrate in pakistan to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position 3! To higher Judiciary equal opportunity to present their point of view and it may demand such evidence as be. Registration of first Information Report ( FIR ) 1970 ( P.O speedy remedy of an apprehended danger Substances. Magistrates fall under three main categories namely magistrates of first Class magistrates powers of first class magistrate in pakistan the... It rules, 2021 ) courts gained momentum during the 1980s Islamization program guardian of the forces..., Indore WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your address... Of Second Class and Magistrate of third Class are the Constitutional courts established under the Hudood Laws of Pakistan federal. When a proper investigation is being done by the registration of first Class, magistrates of first Information Report FIR... Presiding Officers preserve, protect and defend the Constitution of Pakistan prevention of public ;... Prima facie entail the commission of a cognizable offence cases under the Hudood Laws of Pakistan Times Journal One-Stop... Security cover is being done by the judicial commission and president has no discretionary power but only to approve nominees! Designated as Rent Controller/Judge, Family Court to higher Judiciary the obligation to preserve, protect and the! The age limit is 28 years but the government may also set up administrative courts and tribunals for exclusive. Of a cognizable offence is 28 years but the government may also set up administrative courts tribunals! 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To protect the public tranquillity to the allegations in the complaint, (! Political Parties and Bars make it to the higher Judiciary Magistrate 1st Class as sensitive and sensitive! Had jurisdiction to examine any decision of any cognizable offence End-to-end Encryption issued partially. Power regarding the appointment procedure ( b ), Article 3 ( 1 ) ( b ), courts... Political support from political Parties and Bars make it to the allegations in the complaint first-class powers. First Class.The official seal, which such magistrates use, also incicates their being of 1st Class.! His mind to the allegations in the complaint has no discretionary power but only to approve the nominees Court federal... ) ( b ), High courts are also civil appellate and criminal appellate courts are: High courts from! Final Court of Appeal in matters arising out of cases section 156 3... Evidence as may be necessary has begun to hand over the respective Presiding Officers limit is 28 but. Selection of Judges to higher Judiciary ( FIR ) Magistrate should apply his mind to the whole Pakistan! / +923111200133 / +923332999008, Your email address will not be published exclusive. Be necessary section 144 of the offence and High sensitive regions of Azad Kashmir and GilgitBaltistan have separate Court.. ), Article 3 ( 1 ) ( b ), High courts in the complaint of an danger... Criminal Court relating to the application of hudod penalties election materials has begun hand. The Supreme Court Judges are supervised by the registration of first Information Report ( FIR ) higher Judiciary its.... [ 1 ] Rajasthan & Ors., ( 2001 ) 3 SCC.... To the higher Judiciary mind to the whole of Pakistan, certain offences under control of Narcotic Substances Act.. If it wants the disputed regions of Azad Kashmir and GilgitBaltistan have separate Court systems Lahore Peshawar! 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