powers of first class magistrate in pakistan

No. Also Read: Save my name, email, and website in this browser for the next time I comment. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Powers of Magistrate under section 144 Cr.P.C. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. This list consists of defense, foreign policy, finance, tourism, etc. I am an active participant in moots and conferences. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Qazis are appointed through the Public Service Commission. 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. 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. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 26. 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. 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. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. There is no merit system for selection of Judges to higher Judiciary. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. 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 Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. 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. [4][5], The independence of the Pakistani judiciary has changed over time. 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. 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). 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. No. No. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. Afaq Jahan, AIR 2006 SC 705. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. An investigation is done post FIR. 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. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Ltd. (www.compunode.com).Designed for Dawn. or C.I.D., as is prayed for by the revisioner. 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. Power to give directions. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. [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 Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The Executive Magistrate is under the control of State Government. Powers of Magistrate under section 156 (3) Cr.P.C. It is also the final Court of Appeal in matters arising out of cases Army pledges full support for upcoming polls. 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. What are the powers of Magistrate under Cr.P.C.? influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. No. In this regard the Home Department Government of Sindh has issued a partially modified notification. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. 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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and If the Magistrate on an application under Section 156(3) Cr.P.C. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). 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. 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. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] Compunode.com Pvt. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. Prime minister has only ministerial power regarding the appointment procedure. 5. 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No. An investigation is done post FIR. PART II. 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. Required fields are marked *. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. The parliament has passed the Juvenile Justice System Act 2018. Section 156(3) attempts to define powers briefly. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. 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. 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. 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. What are the powers of the Executive magistrate under Cr.P.C.? It does not expressly and exhaustively provides for the powers and its extent. copyrighted 2023 The Express Tribune. , 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. 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. 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. The conclusive proof of age is Occification Test. 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.