There is also High Court in federal Capital Islamabad. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. To try civil suit up to the value of fifty thousand rupees; and 2. A notification issued by the ECP on Tuesday said the powers had been granted under Section 86A to in-charge officers of the armed forces of an area deployed for providing security inside and outside polling stations on the polling day. Future appointments will be made in the same manner as those to the Supreme Court. can cause a waste of time for clients as it may cause a dismissal or referral of 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. Executive Magistrates: a) District Magistrate. In this regard the Home Department Government of Sindh has issued a partially modified notification. 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. Magistrates in group A category status with judicial powers are known as first-class magistrates. What are the powers of the Executive magistrate under Cr.P.C.? Army pledges full support for upcoming polls. Trial of offences under Penal Code. Be the first to review Notary Public & First Class Magistrate Attestation. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. Judicial magistrate first class. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. 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. 26. The age limit for the high court judge is minimum 45 years. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. [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 No. The exams include various compulsory papers. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. The provincial government that exercise administrative control over them appoints such officers. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Alternative Dispute Resolution (ADR) Centres, UK detains PIA crew over smuggling, ML charges, Role of Arbitration Councils and Mediation in Family Disputes, Report on Internal Human Trafficking 2022, One Day Workshop on Workplace Harassment in Karachi, Lahore, Islamabad, Vacancies: National Legal Incubation Center. 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. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. The law is applicable to the whole of Pakistan. Government of Pakistans COVID Information Portal, National Institute of Health National Health Services Regulation and Coordination, National Database and Registration Authority, LG elections: Presiding officers granted first-class magistrate powers, Your Right to Vote Constitution and Beyond, Myths about Electoral System and Processes, Motivational Quotations for Politics, Democracy, and Elections, https://tribune.com.pk/story/976352/lg-elections-presiding-officers-granted-first-class-magistrate-powers/, PPP gets deeper into trouble as another senior leader forms pressure group, ECP asserts its authority to examine party funds, Eligible voters registered in their constituencies: CEC, Voter gender gap serious challenge, says CEC, Voters asked to verify registration status from ECPs SMS service, ECP omits names of over 4 million deceased voters from list, Punjab govt for delay in publication of delimitation of constituencies, LG dept monitoring system to improve governance, SHC directs ECP to conduct LB elections within 120 days, Amend Constitution to help LG system function, ECP Receives Briefing On Third Strategic Plan 2019-23, Local government polls: ECP constitutes delimitation committees, Punjab unlikely to hold local bodies polls soon, Enrollment Of All Eligible Voters; Reducing Gender Gap Important For Transparent Elections: PEC,Punjab, Delimitation for new local bodies starts this week. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The Executive Magistrate is under the control of State Government. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. 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. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. The case law has also been referred to. 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. 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. Your email address will not be published. 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. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. The lame-duck administration is unable to take the tough decisions needed. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. 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 structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. The court of the district and sessions judge usually hears administrative applications against lower courts orders. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. Qazis are appointed through the Public Service Commission. Trial of offences against other laws. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] The parliament has passed the Juvenile Justice System Act 2018. 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. [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. In Nareshbhai Manibhai Patel v. State Of Gujarat And Ors,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. 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 Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. [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. 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. CIVIL JUDGE 2ND CLASS 1. 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. 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). Cases are usually allotted by administrative orders of district and sessions judges. Power of Magistrate to Order Registration of Case and Investigation The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. Yousuf v. Smt. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. The administrative head of district judiciary is the 'district and sessions judge'. However at the same time they also exercise powers as criminal courts. The decisions of the court are binding on the high courts as well as the subordinate judiciary. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. The order of Magistrate has necessarily to indicate the application of mind.[6]. 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. PART II. Powers of Magistrate under section 156 (3) Cr.P.C. 5. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. Section 156(3) attempts to define powers briefly. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. [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. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. 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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Many judges who were appointed were relatives of other Judges or Government officials. 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. No. Unless otherwise stated, all content is 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. They are Gilgit Baltistan and AJK. 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. Power to delegate. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). Notify me of follow-up comments by email. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. A high court is the principal court of its province.[1]. What are the different classifications of law? 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. [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. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. This field is for validation purposes and should be left unchanged. 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. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. 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Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Subordinate judges are also promoted from senior civil judges on a seniority basis. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. In every town and city, there are numerous civil and judicial magistrates' courts. 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". In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. It has repealed the Juvenile Justice System Ordinance 2000. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. or C.I.D., as is prayed for by the revisioner. 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. 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 court consists of a Chief Justice and sixteen other judges. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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 2) if Registration has not been done within one year; the registration can be made any time by submitting the affidavit before the first class magistrate or As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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, influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. Magistrates of First Class in India No of federal Shariat court is Justice Najam. There are numerous civil powers of first class magistrate in pakistan judicial magistrates ' courts wise as per Constitution of Pakistan as... 3 ( 1 ) ( b ), High courts, from a pool Lawyers... Exercise administrative control over them appoints such Officers of its powers of first class magistrate in pakistan. [ 6.. Known as first-class magistrates the investigation of any cognizable offence the power conferred under section of! And does not limit the power conferred under section 30 of Code of criminal Procedure award. 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