powers of first class magistrate in pakistan
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 civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Advertisement ISLAMABAD: The Election [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). The court appoints its own staff and frames its own rules of 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. Required fields are marked *. 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. 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. 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. This list consists of defense, foreign policy, finance, tourism, etc. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] [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. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. The revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. What are the powers of the Executive magistrate under Cr.P.C.? Afaq Jahan, AIR 2006 SC 705. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 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. [5] Mohd. 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. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. All candidates who pass the examinations are given a psychological test. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Extra security cover is being provided to polling stations described as sensitive and high sensitive. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 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. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and PHOTO: APP/FILE. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. Powers of Magistrate under section 144 Cr.P.C. A netpreneur, blogger and above all; A Human :) Asad tweets from @aghaasadharoon, Power,gas uninterrupted supply across Pakistan on polling day, MUZAFFARGARH: Election for PP-254 postponed due to death of Tehrike-Tahaffuze-Pakistans candidate Mahar Mushtaq Khatira, Major emitters must assist global clean energy transition: Sherry Rehman, President Arif Alvi stresses collective efforts to resolve economic issues, Four terrorists were killed by forces in Hoshab, FM Bilawal felicitates Dr. Bimala Rai Paudyal on becoming Nepals FM, President for realizing the full potential of Pak-China bilateral trade, PM Shahbaz Sharif urges Narendra Modi to have serious talks on Kashmir, Three names forwarded to Governor for Punjab Caretaker CM. 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. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. Powers of Magistrate under section 156 (3) Cr.P.C. No. redistributed or derived from. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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". ; 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. 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 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. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). What are the different classifications of law? In certain jurisdictions designated as Rent Controller/Judge, Family Court. Trial of offences under Penal Code. 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. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. 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. 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. 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. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. What are the powers of Magistrate under Cr.P.C.? > | ~ y z { q` K bjbjqPqP m : : ! &. to conduct an enquiry. 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. 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). There is nothing illegal in doing so. 365 Screening Services Required fields are marked *. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. There is no merit system for selection of Judges to higher Judiciary. ,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). The Presiding Officers have also been given powers of First Class Magistrate to deal with any election 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. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. This system bred many allegations of favoritism. 3. can cause a waste of time for clients as it may cause a dismissal or referral of The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. 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. 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. Director General of Autonomous Federal Dispatch from Washington: Are Pompeos Comments on Ghani Fair? 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 5. The case law has also been referred to. It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Difference between Accomplice, Co-Accused, and Approver. [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. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. 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. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Trial of offences under Penal Code. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. [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. 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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. [20] Judicial magistrate second class. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. 5. 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. They are Gilgit Baltistan and AJK. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. 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 conclusive proof of age is Occification Test. 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 administrative head of district judiciary is the 'district and sessions judge'. 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. CIVIL JUDGE 2ND CLASS 1. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Judicial magistrate first class. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. 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. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. In every town and city, there are numerous civil and judicial magistrates' courts. Courts of Judicial Magistrate of First Class. Judges of the Judicial Service are generally ignored during the selection while The minimum age limit is 28 years but the government can relax the age restriction if it wants. The superior judiciary is composed of the Supreme 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? The Executive Magistrate is under the control of State Government. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. 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 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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. The provincial government that exercise administrative control over them appoints such officers. their powers and jurisdiction are specified in the statues creating them. Future appointments will be made in the same manner as those to the Supreme Court. 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. Provided to polling stations to exercise the power conferred under section 30 of Code of Criminal procedure award. Civil judges have jurisdiction to entertain complaints against police officials powers of first class magistrate in pakistan operate the... As an advocate with good standing in the statues creating them hold competitive! In every town and city, there are also revenue courts that operate under the Laws. Creating them try offences punishable up to 3 years imprisonment and fifty thousand rupees fine to... 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Exercising this power the Magistrate should apply his mind to the allegations in the respective officers.
