powers of first class magistrate in pakistan

The Executive Magistrate is under the control of State Government. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Required fields are marked *. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. 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. [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. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. [5] Mohd. "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. 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. Qazis are appointed through the Public Service Commission. 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. 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Be the first to review Notary Public & First Class Magistrate Attestation. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Your email address will not be published. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. According to the Section 11 of the 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. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election 27. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. No. their powers and jurisdiction are specified in the statues creating them. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 5. Trial of offences under Penal Code. Afaq Jahan, AIR 2006 SC 705. PHOTO: APP/FILE. 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. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. Director General of Autonomous Federal 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 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. ; 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. The provincial government that exercise administrative control over them appoints such officers. 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. There is nothing illegal in doing so. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. 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. 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. Proceedings before the Qazi courts are according to the Civil Procedure Code. 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. This material may not be published, broadcast, rewritten, 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. 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Unless otherwise stated, all content is or C.I.D., as is prayed for by the revisioner. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Difference between Accomplice, Co-Accused, and Approver. Courts of Judicial Magistrate of First Class. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. 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 conclusive proof of age is Occification Test. 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. Judges of the Judicial Service are generally ignored during the selection while 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. [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. 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. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. 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. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. No. What are the powers of Magistrate under Cr.P.C.? In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. 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. 5. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. As a law student, I indeed have a fascination with legal research and legal writing. 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 Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. A high court is the principal court of its province.[1]. at Department of Law, Prestige Institute of Management and Research, Indore. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. This list consists of defense, foreign policy, finance, tourism, etc. 26. 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. To try civil suit up to the value of fifty thousand rupees; and 2. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. 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. I am an active participant in moots and conferences. If the Magistrate on an application under Section 156(3) Cr.P.C. 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 a high court for the Islamabad Capital Territory and four provincial high courts. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. The rest of the day is allocated for the recording of the evidence in sessions cases such as in offences murder, rape and robbery etc. The minimum age limit is 28 years but the government can relax the age restriction if it wants. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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). 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. There is no merit system for selection of Judges to higher Judiciary. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Quick Response Force of Pakistan Army would also be available to react to any eventuality. Judicial magistrate first class. 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. 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 Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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. 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. CIVIL JUDGE 2ND CLASS 1. It is also the final Court of Appeal in matters arising out of cases Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. 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". Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. 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. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. 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. 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. 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. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Army pledges full support for upcoming polls. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. to conduct an enquiry. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. The law is applicable to the whole 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. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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