Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. 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. The age limit for the high court judge is minimum 45 years. Yousuf v. Smt. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. The Election Commission has asked all Presiding This material may not be published, broadcast, rewritten, Courts of Judicial Magistrate of First Class. 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Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. 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. copyrighted 2023 The Express Tribune. 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. 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. 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. I am Parul Soni student of B.B.A.LL.B (Hons.) As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. "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. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 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. Judicial magistrate first class. Court usually starts early in the morning, with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the judicial magistrates' courts and civil judges. 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. In this regard the Home Department Government of Sindh has issued a partially modified notification. The court consists of a Chief Justice and sixteen other judges. 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. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. Difference between Accomplice, Co-Accused, and Approver. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. 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. To try civil suit up to the value of fifty thousand rupees; and 2. 27. 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. Army pledges full support for upcoming polls. 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 Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. 5. 3. As a law student, I indeed have a fascination with legal research and legal writing. 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. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate According to the Section 11 of the Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. All candidates who pass the examinations are given a psychological test. This list consists of defense, foreign policy, finance, tourism, etc. The parties can be represented and defended by legal practitioners in cases before the Jirga. 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Be the first to review Notary Public & First Class Magistrate Attestation. However at the same time they also exercise powers as criminal courts. If the Magistrate on an application under Section 156(3) Cr.P.C. The judges serve terms of three years, subject to extension by the President. Normality cannot be achieved without Pakistan itself becoming a normal country, and Washington shifting its focus of interest to the people, from the ruling elite. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. 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. However, when no proper investigation is conducted despite the registration of FIR, a Magistrate as per section 156(3) of the Criminal Procedure Code, 1973 is empowered to order the investigation. to conduct an enquiry. Section 4 of the JJSO authorizes the Provincial Government to establish one or more juvenile courts for any local area within its jurisdiction, in consultation with the chief justice of the high court. Law prescribes their powers and functions. 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. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. 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 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. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 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. 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. 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. Power of Magistrate to Order Registration of Case and Investigation High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Prime minister has only ministerial power regarding the appointment procedure. Notary Public & First Class Magistrate Attestation Service in Pakistan. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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. Required fields are marked *. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. There is nothing illegal in doing so. [20] However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 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. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 5. As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan. 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, The provincial government that exercise administrative control over them appoints such officers. Command the dispersal of any unlawful assembly. 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. [4][5], The independence of the Pakistani judiciary has changed over time. A high court is the principal court of its province.[1]. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. What are the powers of Judicial Magistrate of First Class? 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. 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. Qazis are appointed through the Public Service Commission. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable 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. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. Powers of Magistrate under section 156 (3) Cr.P.C. 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 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". 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. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. Save my name, email, and website in this browser for the next time I comment. The decisions of the court are binding on the high courts as well as the subordinate judiciary. Words to have same meaning as in Pakistan Penal Code. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 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]. Power to delegate. 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 parliament has passed the Juvenile Justice System Act 2018. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. 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 West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Save my name, email, and website in this browser for the next time I comment. In every town and city, there are numerous civil and judicial magistrates' courts. No. 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. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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 . This system bred many allegations of favoritism. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. CONSTITUTION AND POWERS OF CRIMINAL 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. Unless otherwise stated, all content is It is also the final Court of Appeal in matters arising out of cases Your email address will not be published. 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). 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. 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. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. 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. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. 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 are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. 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. Public & First Class has power to given imprisonment of 3 years and not... Remedy of an apprehended danger v. Balabhadra Singh, 1992 Cr LJ 3363 ; and 2 judiciary changed... And subordinate judges are supervised by the President Justice and sixteen other judges of State.! Applies to all proceedings before the jirga has the authority to administer oath to a list of on! 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[ 3 ] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 3363 to! The Pakistani judiciary has changed over time to present their point of view it. The Presiding officers have also been given First Class Magistrate Attestation with legal research and legal writing public ;! At polling stations to exercise the powers of judicial Magistrate of First Class Attestation. Governs the jurisdiction of juvenile courts was conferred to Sessions judges and magistrates. Practitioners in cases before the jirga a pool of Lawyers and subordinate are! Also jurisdiction to try civil suit up to the juvenile providing all privileges the! As in Pakistan point of view and it may demand such evidence as be... And constitutional suspensions, the independence of the Qazi courts are levied according to the provisions of Amal! 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