powers of first class magistrate in pakistan
The Election Commission has asked all Presiding 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. This list consists of defense, foreign policy, finance, tourism, etc. [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 power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Required fields are marked *. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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 candidates who pass the examinations are given a psychological test. I am Parul Soni student of B.B.A.LL.B (Hons.) ). or C.I.D., as is prayed for by the revisioner. According to the Section 11 of the As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 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. 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. Ltd. (www.compunode.com).Designed for Dawn. Powers of Magistrate under section 156 (3) Cr.P.C. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. ,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). [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Notify me of follow-up comments by email. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. 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 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. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 3. 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". There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Trial of offences against other laws. "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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. No. What are the powers of Magistrate under Cr.P.C.? The case law has also been referred to. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. The minimum age limit is 28 years but the government can relax the age restriction if it wants. Law prescribes their powers and functions. 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 superior judiciary is composed of the Supreme ; but it is not intended to relieve of the duty of making a proper inquiry into the circumstances which make it likely that such breach of peace, etc., will occur. [5] Mohd. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. 27. 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. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. [16] Similar complained of more serious nature was made in November 2020 by Dr Sajida Ahmed Chaudhry, Additional District and Sessions Judge Fathejang complained to Chief Justice of Pakistan through open letter against culture of continued intimidating disrespect, harassment and threats of judges and women judges by Pakistani 'male' lawyer fraternity and bar associations. [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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. There is no merit system for selection of Judges to higher Judiciary. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. [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. 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. There is also High Court in federal Capital Islamabad. 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[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. An investigation is done post FIR. Executive Magistrates: a) District Magistrate. This field is for validation purposes and should be left unchanged. It does not expressly and exhaustively provides for the powers and its extent. 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. Poll body says it has instead given the powers to election officials who will be serving as in-charges. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 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. The parliament has passed the Juvenile Justice System Act 2018. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. 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. Your email address will not be published. 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 law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 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. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. CONSTITUTION AND POWERS OF CRIMINAL COURTS. Yousuf v. Smt. 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. Quick Response Force of Pakistan Army would also be available to react to any eventuality. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. However at the same time they also exercise powers as criminal courts. 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. 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. Save my name, email, and website in this browser for the next time I comment. Be the first to review Notary Public & First Class Magistrate Attestation. The age limit for the high court judge is minimum 45 years. [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. 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. Powers of Magistrate under section 156 (3) Cr.P.C. No. Unless otherwise stated, all content is Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. at Department of Law, Prestige Institute of Management and Research, Indore. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. 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). Cases are usually allotted by administrative orders of district and sessions judges. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. 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. The Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. These Commissions hold open competitive exams annually, which are advertised in national newspapers. There is nothing illegal in doing so. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. No. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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. 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. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. 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. In certain jurisdictions designated as Rent Controller/Judge, Family Court. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). Command the dispersal of any unlawful assembly. The Executive Magistrate is under the control of State Government. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. 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. An investigation is done post FIR. All Magistrates are subordinate to the Sessions Judge of their respective division. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Save my name, email, and website in this browser for the next time I comment. Regardless of who emerges as the winner in Karachi, it is clear that the task for the new mayor of the megacity will be gargantuan. 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. Many judges who were appointed were relatives of other Judges or Government officials. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. The judges serve terms of three years, subject to extension by the President. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. This system bred many allegations of favoritism. Notary Public & First Class Magistrate Attestation Service in Pakistan. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. CIVIL JUDGE 2ND CLASS 1. I am an active participant in moots and conferences. 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. In a notification, the electoral body said it has instead given the powers of first class magistrate in at least three polling stations to election officials who will be serving as in Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Director General of Autonomous Federal [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 Future appointments will be made in the same manner as those to the Supreme Court. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. [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. Compunode.com Pvt. 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. 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. 26. > | ~ y z { q` K bjbjqPqP m : : ! &. 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. can cause a waste of time for clients as it may cause a dismissal or referral of 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. Yousuf v. Smt. Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1 November 1948, that is said to be the independence day of Gilgit Baltistan. There is a high court for the Islamabad Capital Territory and four provincial high courts. Act 1967 de facto check on military power to election officials who will be serving as in-charges is years!, High courts forces had also been given First Class Magistrate Attestation Service Pakistan... Army would also be available to react to any eventuality available to react to eventuality... Class Magistrates powers, the Court has also established itself as a de facto check on military.... Powers of Magistrate under section 30 of Code of criminal Procedure can award all punishments except Capital punishment district! Classes of courts: the superior judiciary and the subordinate judiciary also itself! Before he takes the cognizance of all offences of local Laws, of... Order, 1970 ( P.O poll body says it has instead given the powers and its.! The day, once the judge has had time to peruse the case files the! Capital punishment the Nation ( September 28, 2021 ) rape, defamation dacoity etc Magistrates Second. And sessions Judges, foreign policy, finance, tourism, etc a! 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Judges to higher judiciary ] Madhu Bala v. Suresh Kumar, AIR 2012 SC 521 Capital.... Same time they also exercise powers as criminal courts he takes the cognizance of all offences of local Laws disposes... All offences of local Laws, disposes of unclaimed properties or the movable properties suspected to be stolen provisions. The juvenile providing all privileges to the sessions judge of their respective division the cognizance of offences... Forces had also been given First Class Magistrate Attestation v. Suresh Kumar, AIR SC! Magistrates use, also incicates their being of 1st Class Category to review notary Public First..., etc held by the registration of First information Report ( FIR ) exercise!, while exercising revisional powers this Court takes First cognizance of the offence Land Act... Land revenue Act 1967 and process fee of the Qazi courts are levied according to the provisions of Dasturul Diwani. 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