powers of first class magistrate in pakistan

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. Trial of offences under Penal Code. 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. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. Cases are usually allotted by administrative orders of district and sessions judges. 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. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. 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. No. 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can be made any time by submitting the affidavit before the first class magistrate or Your email address will not be published. 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 judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. CONSTITUTION AND POWERS OF CRIMINAL COURTS. The provincial government that exercise administrative control over them appoints such officers. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. However at the same time they also exercise powers as criminal courts. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Command the dispersal of any unlawful assembly. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Notify me of follow-up comments by email. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class 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. 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. Law prescribes their powers and functions. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. If the Magistrate on an application under Section 156(3) Cr.P.C. 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 . Save my name, email, and website in this browser for the next time I comment. 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. 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 Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. In CBI v. State of Rajasthan & ors. Powers of Magistrate under section 156 (3) Cr.P.C. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. Save my name, email, and website in this browser for the next time I comment. There is a high court for the Islamabad Capital Territory and four provincial high courts. 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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. Magistrates in group A category status with judicial powers are known as first-class magistrates. 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 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. No. It does not expressly and exhaustively provides for the powers and its extent. 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. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. The Executive Magistrate is under the control of State Government. Ltd. (www.compunode.com).Designed for Dawn. Also Read: The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate What are the powers of Judicial Magistrate of First Class? [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. The judges serve terms of three years, subject to extension by the President. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. 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. [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. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. 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 , . Subordinate judges are also promoted from senior civil judges on a seniority basis. or C.I.D., as is prayed for by the revisioner. These Commissions hold open competitive exams annually, which are advertised in national newspapers. 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. Yousuf v. Smt. [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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Required fields are marked *. PART II. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. A high court is the principal court of its province.[1]. 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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and 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. [4][5], The independence of the Pakistani judiciary has changed over time. Trial of offences against other laws. Be the first to review Notary Public & First Class Magistrate Attestation. 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. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. 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. Prime minister has only ministerial power regarding the appointment procedure. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. 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. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Judges of the Judicial Service are generally ignored during the selection while The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Section 156(3) attempts to define powers briefly. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 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. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. 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. Many judges who were appointed were relatives of other Judges or Government officials. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. They are Gilgit Baltistan and AJK. 5. There is also provision for appointment of acting judges as well as ad hoc judges in the court. 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. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. PHOTO: APP/FILE. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. As a law student, I indeed have a fascination with legal research and legal writing. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. An investigation is done post FIR. 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. Only ministerial power regarding the appointment procedure legal research and legal writing under the control State. And election materials has begun to hand over the administration of Justice in their territorial... 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