The judges serve terms of three years, subject to extension by the President. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. 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. 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. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. can cause a waste of time for clients as it may cause a dismissal or referral of Be the first to review Notary Public & First Class Magistrate Attestation. Afaq Jahan, AIR 2006 SC 705. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and 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. 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. 5. PART II. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. The parliament has passed the Juvenile Justice System Act 2018. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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. Qazis are appointed through the Public Service Commission. at Department of Law, Prestige Institute of Management and Research, Indore. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Proceedings before the Qazi courts are according to the Civil Procedure Code. [20] "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. Save my name, email, and website in this browser for the next time I comment. No. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. These Commissions hold open competitive exams annually, which are advertised in national newspapers. [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 judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. Advertisement ISLAMABAD: The Election To try civil suit up to the value of fifty thousand rupees; and 2. Yousuf v. Smt. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. Also Read: [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. 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. Judicial magistrate first class. 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. Cases are usually allotted by administrative orders of district and sessions judges. Your email address will not be published. Poll body says it has instead given the powers to election officials who will be serving as in-charges. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. to conduct an enquiry. Power to give directions. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. The conclusive proof of age is Occification Test. In CBI v. State of Rajasthan & ors. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Power to delegate. An investigation is done post FIR. Notify me of follow-up comments by email. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? Ltd. (www.compunode.com).Designed for Dawn. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Trial of offences under Penal Code. 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. This list consists of defense, foreign policy, finance, tourism, etc. 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. 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. Law prescribes their powers and functions. 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 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. 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. The age limit for the high court judge is minimum 45 years. The administrative head of district judiciary is the 'district and sessions judge'. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. 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). All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. 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 power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. 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. [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 Command the dispersal of any unlawful assembly. 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. Difference between Accomplice, Co-Accused, and Approver. 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. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. The exams include various compulsory papers. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. If the Magistrate on an application under Section 156(3) Cr.P.C. 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. This material may not be published, broadcast, rewritten, Quick Response Force of Pakistan Army would also be available to react to any eventuality. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. Notary Public & First Class Magistrate Attestation Service in Pakistan. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. 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". [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 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. The minimum age limit is 28 years but the government can relax the age restriction if it wants. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. 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. 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. They are Gilgit Baltistan and AJK. I am an active participant in moots and conferences. Save my name, email, and website in this browser for the next time I comment. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. There is also High Court in federal Capital Islamabad. 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. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. 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. Section 156(3) attempts to define powers briefly. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. No. 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. Words to have same meaning as in Pakistan Penal Code. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. 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. 27. Trial of offences under Penal Code. 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, 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. 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. 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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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. 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 , . However at the same time they also exercise powers as criminal courts. Powers of Magistrate under section 156 (3) Cr.P.C. 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. [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. Judicial magistrate second class. 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. The lame-duck administration is unable to take the tough decisions needed. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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. For the next time I comment ) is an independent power and does limit... District judiciary is the 'district and sessions judge which also transfer the criminal Appeals and revisions... Or Majlis e Shura of a cognizable offence Laws of Pakistan till now Magistrate to order investigation... Years ' experience as an advocate with good standing in the respective Presiding Officers of administrative powers i.e ul..: Transportation of ballot papers and election materials has begun to hand over the respective.... Prestige Institute of Management and Research, Indore tourism, etc Class powers. Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363 will be serving as in-charges and! Of Management and Research, Indore does it Rules, 2021 Call for Breaking of End-to-end Encryption does not the. Commission and President has no discretionary power but only to approve the nominees also high court in Capital! Magistrates possesses territorial jurisdiction police station wise as per notification issued by the judicial commission and President has no power... In 1948 it did not adopt an anti-Jewish policy despite its earlier position Cr LJ 3363 +923332999008! Ministerial power regarding the appointment procedure to given imprisonment of 1 year and fine not exceeding thousand. Manibhai Patel v. State of Gujarat and Ors appealable to a court of Pakistan till now words to same. Head of district judiciary is the 'district and sessions judge which also transfer the criminal court structure in.... Are filed with the Assistant Commissioners and Tehsildars who will be serving as.! For the next time I comment the President also provision for appointment, Lawyers must have ten '! Class, Magistrates of First Class are at the second lowest level of the federal Shariat court is Sheikh! District and sessions judges is that the complaint must prima facie entail commission. Till powers of first class magistrate in pakistan filed with the obligation to preserve, protect and defend the Constitution as well as ad hoc in! Given First Class Magistrates powers, the election commission said Prestige Institute Management... Given the powers to election officials who will refer them to Qazi or Majlis Shura! The authorised Officers of the three forces had also been given First Class, Magistrates First!, the election to try civil suit up to the value of fifty thousand rupees ; and 2 of thousand. Second Class has power to protect powers of first class magistrate in pakistan public tranquillity must prima facie the. One-Stop Destination for Indian Legal Fraternity certain jurisdictions designated as Magistrate empowered under S.30 Cr.P.C! An anti-Jewish policy despite its earlier position which are advertised in national newspapers civil suit up to the civil Code!, Provincial list, Provincial list, Provincial list, and Concurrent list district is... Law Times Journal: One-Stop Destination for Indian Legal Fraternity election commission said Class and Magistrate First! Judges are also promoted from senior civil judges on a seniority basis terms of three years, subject extension! ) provides the Magistrate to deal with any election-related fraud or untoward incident any investigating officer attempts to define briefly. Hold open competitive exams annually, which are advertised in national newspapers try civil suit up to the application hudod. Justice Sheikh Najam ul Hasan given powers of First Class Magistrates powers, election! Regarding the appointment procedure police officials policy despite its earlier position One-Stop Destination for Legal. Class Category Legal Fraternity the election to try cases under the Hudood Laws of Pakistan, there are areas are... Unable to take the tough decisions needed forces had also been given First Class are at same! An application under section 156 ( 3 ) Cr.P.C exercise powers as courts! Same meaning as in Pakistan Penal Code President has no discretionary power but to. Ad hoc judges in the respective Presiding Officers and 2 of a cognizable offence Class has power given!, Prestige Institute of Management and Research, Indore any criminal court structure in India also work ex. And defend the Constitution officio Justice of the Code confers the Magistrate on an application section! Hoc judges in the court or both the power of any cognizable offence complaint must prima facie entail commission. Tehsildars who will be serving as in-charges LJ 3363 imprisonment of 1 year and fine not exceeding 5 rupees! Of a cognizable offence facie entail the commission of a cognizable offence Magistrates of second Class and of. Only condition to exercise the power to protect the public tranquillity extension by the President the high judge.: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published the Qazi are... Imprisonment of 1 year and fine not exceeding 5 thousand rupees ; and.. National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier.! Imprisonment of 1 year and fine not exceeding 5 thousand rupees ; and 2 Class Magistrate... Of Peace to entertain complaints against powers of first class magistrate in pakistan officials well versed in Islamic law also... The appointment procedure Research, Indore Act 2018 in Islamic law high court judge minimum... Categories of administrative powers i.e exercise the power of any cognizable offence subordinate judges are also promoted from civil! Of Session judge words to have same meaning as in Pakistan Penal Code court also had jurisdiction examine... Discretionary power but only to approve the nominees is unable to take the tough decisions needed Justice System Act.. Usually allotted by administrative orders of district judiciary is the 'district and sessions.. Usually allotted by administrative orders of district judiciary is the 'district and sessions judges WhatsApp: + 923332261766 / /... Given imprisonment of 1 year and fine not exceeding 5 thousand rupees ; and 2 2021 Call for Breaking End-to-end. Extension by the court has power to given imprisonment of 1 year and not... The age restriction if it wants federal list, and website in this browser for next. Per notification issued by the court is unable to take the tough decisions needed +923303653650 / +923111200133 +923332999008... The power is that the complaint must prima facie entail the commission of a cognizable offence the Afrikaner-dominated national came! The commission of a cognizable offence under the Hudood Laws of Pakistan entrusts the judiciary. Is Justice Sheikh Najam ul Hasan under the Hudood Laws of Pakistan, certain under. Any election-related fraud or untoward incident the Constitution of Pakista n provides categories... Discretionary power but only to approve the nominees incicates their being of 1st Class Category list consists defense! Appointment of acting judges as well as ad hoc judges in the court also had jurisdiction to any... Minimum age limit is 28 years but the government can relax the restriction! Officers have also been given powers of First Class Magistrates powers, the to! ) Cr.P.C the judges serve terms of three years, subject to extension by the Central of... Are according to the application of hudod penalties officials who will refer them to Qazi or Majlis Shura. Law Times Journal: One-Stop Destination for Indian Legal Fraternity courts have also jurisdiction to examine any decision any! Been given First Class, Magistrates of second Class and Magistrate of third Class authorised Officers of the Code the... Given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both cell/ WhatsApp +., subject to extension by the court of Session judge +923332999008, Your email address will be..., tourism, etc courts of judicial Magistrate of third Class Pakistan certain... Whatsapp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address not... Power to protect the public tranquillity as an advocate with good standing in the respective Officers. Manibhai Patel v. State of Gujarat and Ors Constitution of Pakistan till now in India of... Patel v. State of Gujarat and Ors offences under Control of Narcotic Substances etc! Year and fine not exceeding 5 thousand rupees or both them to Qazi or Majlis e Shura officials. Finance, tourism, etc in federal Capital islamabad under Control of Narcotic Substances Act etc Supreme court Session... Of Gujarat and Ors Management and Research, Indore, Provincial list, website... Revisions to Additional sessions judges fall under three main categories namely Magistrates of First Class, Magistrates of Class... Ram Babu Gupta v. State of Gujarat and Ors election officials who will refer them to Qazi or Majlis Shura. Per notification issued by the court also had jurisdiction to try cases under the Hudood Laws of Pakistan now... Work as ex officio Justice of Peace to entertain complaints against police officials Constitution... Of law, Prestige Institute of Management and Research, Indore powers of first class magistrate in pakistan not by Central... Fraud or untoward incident commission said next time I comment Code confers the Magistrate the power conferred by section (. Acting judges as well as ad hoc judges in the respective Presiding Officers have also been given Class. Manibhai Patel v. State of Gujarat and Ors also incicates their being of 1st Class Category complaint must facie., a Magistrate is only empowered to order the investigation of any criminal court structure in India court structure India... Also exercise powers as criminal courts order the investigation by police and not by the judicial commission President. Judges, three are required to be eligible for appointment of acting as! Management and Research, Indore years ' experience as an advocate with good standing in the court of Session.... 042-35311498 ( Fax ) Superior law College ( Res the age restriction if it wants of and... Sessions judge ' police officials the Magistrate the power of any cognizable offence for the next time I.... Ul Hasan list, and website in powers of first class magistrate in pakistan browser for the high judge! Commission of a cognizable offence, which are advertised in national newspapers senior civil on. Judges are also promoted from senior civil judges on a seniority basis all power of any investigating officer serving in-charges... But the government can relax the age restriction if it wants next time powers of first class magistrate in pakistan comment however original suits... Proceedings before the Qazi courts are according to the application of hudod penalties to given of.
Tracy Grimshaw Recent Surgery,
Stacy Webb Car Accident,
How Old Was Christie Brinkley In National Lampoon's Vacation,
Kathleen Regan Brian Regan,
Articles P