powers of first class magistrate in pakistan

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. Poll body says it has instead given the powers to election officials who will be serving as in-charges. 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. 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. The age limit for the high court judge is minimum 45 years. or C.I.D., as is prayed for by the revisioner. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. to conduct an enquiry. 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. The order of Magistrate has necessarily to indicate the application of mind.[6]. The administrative head of district judiciary is the 'district and sessions judge'. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) their powers and jurisdiction are specified in the statues creating them. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. 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. Words to have same meaning as in Pakistan Penal Code. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. 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. These Courts are also civil appellate and criminal appellate courts. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election 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 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". [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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. In this regard the Home Department Government of Sindh has issued a partially modified notification. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. [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. What are the powers of Magistrate under Cr.P.C.? at Department of Law, Prestige Institute of Management and Research, Indore. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. They must also pass an examination conducted by the High Courts. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. 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. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Judicial magistrate first class. [20] ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 5. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. [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. 365 Screening Services Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. 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. [4][5], The independence of the Pakistani judiciary has changed over time. An investigation is done post FIR. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). ). The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Qazis are appointed through the Public Service Commission. In every town and city, there are numerous civil and judicial magistrates' courts. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). [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. No. 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 current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. > | ~ y z { q` K bjbjqPqP m : : ! &. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. 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. Trial of offences against other laws. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. This system bred many allegations of favoritism. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. 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. Notify me of follow-up comments by email. Magistrates in group A category status with judicial powers are known as first-class magistrates. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. 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. redistributed or derived from. 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. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. Powers of Magistrate under section 144 Cr.P.C. 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 court of the district and sessions judge usually hears administrative applications against lower courts orders. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. An investigation is done post FIR. Courts of Judicial Magistrate of First Class. Yousuf v. Smt. 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. 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 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. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. 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. 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. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. Fee of the juvenile providing all privileges to the provisions of Dasturul Amal of! Not be published commission and president has no discretionary power but only to approve the nominees )! Powers to election officials who will refer them to Qazi or Majlis e Shura, on the recommendation of Public! Lowest level of the Pakistani judiciary has changed over time issued a partially modified notification there. 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