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. 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. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. 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. 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, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. 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. As a law student, I indeed have a fascination with legal research and legal writing. What are the powers of the Executive magistrate under Cr.P.C.? 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. 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. Army pledges full support for upcoming polls. 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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. There is nothing illegal in doing so. 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. The Executive Magistrate is under the control of State Government. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Judges of the Judicial Service are generally ignored during the selection while Words to have same meaning as in Pakistan Penal Code. The provincial government that exercise administrative control over them appoints such officers. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. , 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. 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. Notify me of follow-up comments by email. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. In every town and city, there are numerous civil and judicial magistrates' courts. If a law is found to be repugnant the Court is to provide notice to the level of government concerned specifying the reasons for its decision. 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. 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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). While exercising this power the Magistrate should apply his mind to the allegations in the complaint. This system bred many allegations of favoritism. 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. To try civil suit up to the value of fifty thousand rupees; and 2. Subordinate judges are also promoted from senior civil judges on a seniority basis. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Yousuf v. Smt. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. A high court is the principal court of its province.[1]. The minimum age limit is 28 years but the government can relax the age restriction if it wants. The parliament has passed the Juvenile Justice System Act 2018. 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. Unless otherwise stated, all content is No. 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. The superior judiciary is composed of the Supreme 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. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. 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. 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. 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. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. [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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. 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 . 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. Many judges who were appointed were relatives of other Judges or Government officials. [5] Mohd. [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. PART II. 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. 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. Powers of Magistrate under section 156 (3) Cr.P.C. Executive Magistrates: a) District Magistrate. 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. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. PHOTO: APP/FILE. Courts of Judicial Magistrate of First Class. 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 revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. Federal list, Provincial List, and Concurrent List. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. Civil Courts: All Civil Courts are subordinate to the High Court and subject to the general superintence and control of the High Court; the District Judge has control over all Civil Courts within the local limits of his jurisdiction. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate 5. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. I am an active participant in moots and conferences. This list consists of defense, foreign policy, finance, tourism, etc. In certain jurisdictions designated as Rent Controller/Judge, Family Court. The order of Magistrate has necessarily to indicate the application of mind.[6]. 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]. 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. Powers of Magistrate under section 156 (3) Cr.P.C. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. 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. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) 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. The exams include various compulsory papers. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. 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. 26. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Command the dispersal of any unlawful assembly. or C.I.D., as is prayed for by the revisioner. The administrative head of district judiciary is the 'district and sessions judge'. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. It has repealed the Juvenile Justice System Ordinance 2000. 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. 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