powers of first class magistrate in pakistan

[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. 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. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Under the terms of this judgement, the Government and the President's office were bound to act on the recommendations of the Chief Justice of Pakistan. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Furthermore, unless stated in the Act, no decision, decree or judgment passed by the Jirga cannot be called up in any court or before any other authority. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. This system bred many allegations of favoritism. No. 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]. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. An investigation is done post FIR. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. Qazis are appointed through the Public Service Commission. There is no merit system for selection of Judges to higher Judiciary. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The lame-duck administration is unable to take the tough decisions needed. "Pakistani Women Are Leading the Struggle for Human Rights ", In May 2018 some Pakistani Judges complained of harassment and threats to Judges by Pakistani 'male' lawyer fraternity and bar associations. But instead of 4 supreme court judges, 4 most senior high court judges, provincial law minister and a member of provincial bar councils (such as Punjab Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high court judges. 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. 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. 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. The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Normally in capacity of judicial magistrate these courts have the powers to try all offences other than those which are specifically triable by Court of Session but maximum limit for awarding sentence of improvement is not more than three years. 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. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. What are the powers of Magistrate under Cr.P.C.? 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. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Afaq Jahan, AIR 2006 SC 705. Cases are usually allotted by administrative orders of district and sessions judges. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. I am Parul Soni student of B.B.A.LL.B (Hons.) In certain jurisdictions designated as Rent Controller/Judge, Family Court. It has repealed the Juvenile Justice System Ordinance 2000. No. There is also High Court in federal Capital Islamabad. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. This field is for validation purposes and should be left unchanged. In a notification, the electoral body said it has instead given the powers of first class magistrate in at least three polling stations to election officials who will be serving as in 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. The provincial government that exercise administrative control over them appoints such officers. 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. [5] Mohd. As a law student, I indeed have a fascination with legal research and legal writing. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. [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. There is nothing illegal in doing so. 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 , . CIVIL JUDGE 2ND CLASS 1. 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 only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable 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. Courts of Judicial Magistrate of First Class. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. 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. Law prescribes their powers and functions. 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. Difference between Accomplice, Co-Accused, and Approver. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. 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. 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. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. 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. This material may not be published, broadcast, rewritten, The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. copyrighted 2023 The Express Tribune. Yousuf v. Smt. Yousuf v. Smt. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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 According to the Section 11 of the The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Power to give directions. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. They must also pass an examination conducted by the High Courts. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. 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. 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. Your email address will not be published. It is also the final Court of Appeal in matters arising out of cases An investigation is done post FIR. their powers and jurisdiction are specified in the statues creating them. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. Alternative Dispute Resolution (ADR) Centres, UK detains PIA crew over smuggling, ML charges, Role of Arbitration Councils and Mediation in Family Disputes, Report on Internal Human Trafficking 2022, One Day Workshop on Workplace Harassment in Karachi, Lahore, Islamabad, Vacancies: National Legal Incubation Center. ISLAMABAD, Aug 13: The Election Commission of Pakistan has authorised officers of the armed forces to be deputed at polling stations to exercise the powers of first class magistrate on Aug 22 when by-elections in 42 constituencies of the national and provincial assemblies will be held. These Courts are also civil appellate and criminal appellate courts. 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. Words to have same meaning as in Pakistan Penal Code. 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. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. What are the powers of the Executive magistrate under Cr.P.C.? 3. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). In CBI v. State of Rajasthan & ors. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. No. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 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 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. Future appointments will be made in the same manner as those to the Supreme Court. The law is applicable to the whole of Pakistan. or C.I.D., as is prayed for by the revisioner. An investigation is done post FIR. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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 order of Magistrate has necessarily to indicate the application of mind.[6]. The case law has also been referred to. Command the dispersal of any unlawful assembly. Army pledges full support for upcoming polls. 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. Quick Response Force of Pakistan Army would also be available to react to any eventuality. Your email address will not be published. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. In this regard the Home Department Government of Sindh has issued a partially modified notification. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) The Election Commission has asked all Presiding 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Your email address will not be published. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment.