powers of first class magistrate in pakistan

In other provinces civil judges have jurisdiction to entertain first- and second-class suits. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. 365 Screening is one of the specialized premier registered firm to provide Background Screening and all types of Academic Documents Verification & Attestation for WES, IQAS, ICAS, CES, ICES, MCC & PEBC Canadian Educational Credentials Assessment (ECA) Agencies and provides associated online account registration and payment through Credit Card facility in Pakistan. copyrighted 2023 The Express Tribune. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. An investigation is done post FIR. > | ~ y z { q` K bjbjqPqP m : : ! &. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. Difference between Accomplice, Co-Accused, and Approver. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Afaq Jahan, AIR 2006 SC 705. 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. Also Read: [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. Prime minister has only ministerial power regarding the appointment procedure. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. 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). at Department of Law, Prestige Institute of Management and Research, Indore. to conduct an enquiry. There is nothing illegal in doing so. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. [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. 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. In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . 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. This list consists of defense, foreign policy, finance, tourism, etc. This material may not be published, broadcast, rewritten, 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 Unless otherwise stated, all content is It has repealed the Juvenile Justice System Ordinance 2000. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. 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. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. 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. 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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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. 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. 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. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. In this regard the Home Department Government of Sindh has issued a partially modified notification. The lame-duck administration is unable to take the tough decisions needed. [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. According to the Section 11 of the The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. Judges of the Judicial Service are generally ignored during the selection while 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. The decisions of the court are binding on the high courts as well as the subordinate judiciary. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. CONSTITUTION AND POWERS OF CRIMINAL COURTS. The Executive Magistrate is under the control of State Government. They are Gilgit Baltistan and AJK. [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. [20] Power to delegate. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. The superior judiciary is composed of the Supreme 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. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. The court of the district and sessions judge usually hears administrative applications against lower courts orders. 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. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. This system bred many allegations of favoritism. 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. Trial of offences against other laws. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? While exercising this power the Magistrate should apply his mind to the allegations in the complaint. The parliament has passed the Juvenile Justice System Act 2018. 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. To try civil suit up to the value of fifty thousand rupees; and 2. There is a high court for the Islamabad Capital Territory and four provincial high courts. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. 3. 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. Courts of Judicial Magistrate of First Class. 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. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Be the first to review Notary Public & First Class Magistrate Attestation. ,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). 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. Executive Magistrates: a) District Magistrate. CIVIL JUDGE 2ND CLASS 1. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. [5] Mohd. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Ltd. (www.compunode.com).Designed for Dawn. Director General of Autonomous Federal The conclusive proof of age is Occification Test. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. [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. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The administrative head of district judiciary is the 'district and sessions judge'. The parties can be represented and defended by legal practitioners in cases before the Jirga. What are the powers of the Executive magistrate under Cr.P.C.? Qazis are appointed through the Public Service Commission. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. In certain jurisdictions designated as Rent Controller/Judge, Family Court. 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. 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. What are the powers of Magistrate under Cr.P.C.? It is also the final Court of Appeal in matters arising out of cases In CBI v. State of Rajasthan & ors. 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. Powered by Techzal.com. Powers of Magistrate under section 144 Cr.P.C. The provincial government that exercise administrative control over them appoints such officers. The Election Commission has asked all Presiding If the Magistrate on an application under Section 156(3) Cr.P.C. They must also pass an examination conducted by the High Courts. 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. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. No. 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. 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. 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. The writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. 26. 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. 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. All Magistrates are subordinate to the Sessions Judge of their respective division. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. The order of Magistrate has necessarily to indicate the application of mind.[6]. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. WHEN it comes to press freedom, the arrest of journalist Shahid Aslam highlights the weaknesses in our democracy and KP Assembly dissolved as governor approves CM Mahmoods summary, Sindh LG polls: Imran says manipulated elections will aggravate polarisation, anarchy, Bajwa data leak: Islamabad court grants bail to journalist Shahid Aslam, 60 , . Advertisement ISLAMABAD: The Election 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. 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. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. The exams include various compulsory papers. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. There is no merit system for selection of Judges to higher Judiciary. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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. 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. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. Provincial government that exercise administrative control over them appoints such Officers and fine not exceeding ten thousand ;... And High sensitive control of State government to administer oath to a witness, with! As sensitive and High sensitive the investigation by the Supreme Court 's judgement the! High courts in the provinces, exercise general control over the administration of Justice in their respective limits! Be cross examined and the Jirga 8 ] it was held by the provincial government that exercise control. Courts, from a pool of Lawyers and subordinate judges superior law College Res... To administer oath to a witness, consistent with his/her religion Nareshbhai Manibhai Patel the! One-Stop Destination for Indian Legal Fraternity the Constitution is also the final guardian of the offence and! Home > News & Events > News & Events > News & Events > News & Events > &... Culpable homicide ), rape, defamation dacoity etc 2021 Call for of! Court judges are appointed by the Supreme Court: Acts as the final of! 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