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). Be the first to review Notary Public & First Class Magistrate Attestation. The provincial government that exercise administrative control over them appoints such officers. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Army pledges full support for upcoming polls. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The court appoints its own staff and frames its own rules of procedure. The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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. Future appointments will be made in the same manner as those to the Supreme Court. However at the same time they also exercise powers as criminal courts. No. 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. The exams include various compulsory papers. Afaq Jahan, AIR 2006 SC 705. 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. 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. There is a high court for the Islamabad Capital Territory and four provincial high courts. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The committee chooses from amongst serving or retired judges of the Supreme Court or the high courts or from amongst persons possessing the qualifications of judges of a high court. 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. Save my name, email, and website in this browser for the next time I comment. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. The age limit for the high court judge is minimum 45 years. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 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. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. their powers and jurisdiction are specified in the statues creating them. This material may not be published, broadcast, rewritten, or C.I.D., as is prayed for by the revisioner. 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. It is also the final Court of Appeal in matters arising out of cases However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. It does not expressly and exhaustively provides for the powers and its extent. 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. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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. 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. copyrighted 2023 The Express Tribune. What are the powers of Judicial Magistrate of First Class? 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. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. [1], According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). [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 government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Subordinate judges are also promoted from senior civil judges on a seniority basis. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election 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. No. [4][5], The independence of the Pakistani judiciary has changed over time. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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. 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. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. 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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. Powers of Magistrate under section 156 (3) Cr.P.C. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. A high court is the principal court of its province.[1]. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. PART II. Director General of Autonomous Federal There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. This field is for validation purposes and should be left unchanged. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate 365 Screening Services Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. 26. Powers of Magistrate under section 144 Cr.P.C. 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. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] redistributed or derived from. Proceedings before the Qazi courts are according to the Civil Procedure Code. > | ~ y z { q` K bjbjqPqP m : : ! &. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Compunode.com Pvt. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. 5. The parliament has passed the Juvenile Justice System Act 2018. 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 , . [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Many judges who were appointed were relatives of other Judges or Government officials. What are the powers of Magistrate under Cr.P.C.? An investigation is done post FIR. Your email address will not be published. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. 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. Yousuf v. Smt. 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. In every town and city, there are numerous civil and judicial magistrates' courts. The order of Magistrate has necessarily to indicate the application of mind.[6]. 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Notify me of follow-up comments by email. All Magistrates are subordinate to the Sessions Judge of their respective division. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Required fields are marked *. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. In CBI v. State of Rajasthan & ors. 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. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. 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. 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". The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and Dispatch from Washington: Are Pompeos Comments on Ghani Fair? ,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). 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. Prime minister has only ministerial power regarding the appointment procedure. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 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. Qazis are appointed through the Public Service Commission. 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