[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 The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. 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. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. Unless otherwise stated, all content is 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. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 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. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Compunode.com Pvt. 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. Proceedings before the Qazi courts are according to the Civil Procedure Code. 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. 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. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. 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. The Election Commission has asked all Presiding Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. ). Army pledges full support for upcoming polls. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Words to have same meaning as in Pakistan Penal Code. In this regard the Home Department Government of Sindh has issued a partially modified notification. [1] A Magistrate is empowered to order the investigation for the offence only when he is empowered to take the cognizance of such offence under section 190 of the Code. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. 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. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. 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. What are the powers of Judicial Magistrate of First Class? However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Trial of offences under Penal Code. 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. 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. 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. 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. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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. In every town and city, there are numerous civil and judicial magistrates' courts. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Judicial magistrate second class. A high court is the principal court of its province.[1]. Prime minister has only ministerial power regarding the appointment procedure. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Your email address will not be published. To try civil suit up to the value of fifty thousand rupees; and 2. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. 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. 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. 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. redistributed or derived from. Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months' custody for a single offence and 3. However at the same time they also exercise powers as criminal courts. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Afaq Jahan, AIR 2006 SC 705. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. Also Read: [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 law is applicable to the whole of Pakistan. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. their powers and jurisdiction are specified in the statues creating them. 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. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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. Power to give directions. 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, Powers of Magistrate under section 144 Cr.P.C. In CBI v. State of Rajasthan & ors. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Your email address will not be published. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 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 ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. [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. 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). The parties can be represented and defended by legal practitioners in cases before the Jirga. It is also the final Court of Appeal in matters arising out of cases PART II. [5] Mohd. [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. These Courts are also civil appellate and criminal appellate courts. The Executive Magistrate is under the control of State Government. 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 Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Trial of offences against other laws. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. The superior judiciary is composed of the Supreme 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 High Court is an appellate Court for all Civil and Criminal matters in the respective province. 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. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. According to the Section 11 of the There is nothing illegal in doing so. 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