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. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. 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. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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. 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. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 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. their powers and jurisdiction are specified in the statues creating them. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. Future appointments will be made in the same manner as those to the Supreme Court. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. [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. Judges of the Judicial Service are generally ignored during the selection while 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. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. The case law has also been referred to. CIVIL JUDGE 2ND CLASS 1. 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. 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. Your email address will not be published. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. 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. redistributed or derived from. Civil and Family Appeals and Civil Revisions against the Judgements and orders of courts of senior civil judges, civil judges, rent controllers, and family courts are entertained by the court of district judge which transfers the same to additional district judges as well. Executive Magistrates: a) District Magistrate. 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. [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. SHARJEEL FOR EFFECTIVE RAIN EMERGENCY PLAN, IDEA ABOUT TO PLAY/RUN 30 CNG BUSES IN CITY, Kumail Nanjiani details his experience of working with Angelina Jolie, Penelope Cruz named best actress at Venice Film Festival, Ben Affleck fights off obsessive fan for getting too close to Jennifer Lopez, Princess Dianas rare aquamarine ring given to Meghan Markle symbolises trust, Angelina Jolie shares her views on child marriage: Its such a horror. 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. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. The rest of the day is allocated for the recording of the evidence in sessions cases such as in offences murder, rape and robbery etc. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. No. 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. 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 The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. All candidates who pass the examinations are given a psychological test. Required fields are marked *. Law prescribes their powers and functions. 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. 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 court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. A high court is the principal court of its province.[1]. 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. 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. 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. Power to give directions. I am an active participant in moots and conferences. 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. 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. 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. To try civil suit up to the value of fifty thousand rupees; and 2. , 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. I am Parul Soni student of B.B.A.LL.B (Hons.) The court of the district and sessions judge usually hears administrative applications against lower courts orders. CONSTITUTION AND POWERS OF CRIMINAL COURTS. Ltd. (www.compunode.com).Designed for Dawn. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. It has repealed the Juvenile Justice System Ordinance 2000. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. 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. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. What are the powers of the Executive magistrate under Cr.P.C.? Notary Public & First Class Magistrate Attestation Service in Pakistan. 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). 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. Trial of offences against other laws. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general 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 Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. No. copyrighted 2023 The Express Tribune. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 27. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Your email address will not be published. Trial of offences under Penal Code. 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. This material may not be published, broadcast, rewritten, 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. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The minimum age limit is 28 years but the government can relax the age restriction if it wants. 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. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. There is also provision for appointment of acting judges as well as ad hoc judges in the court. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. [4][5], The independence of the Pakistani judiciary has changed over time. It is also the final Court of Appeal in matters arising out of cases The administrative head of district judiciary is the 'district and sessions judge'. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? 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. 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