powers of first class magistrate in pakistan

,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. It is also the final Court of Appeal in matters arising out of cases 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. Extra security cover is being provided to polling stations described as sensitive and high sensitive. Ltd. (www.compunode.com).Designed for Dawn. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. 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. [5] Mohd. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. Power to give directions. 5. The parties can be represented and defended by legal practitioners in cases before the Jirga. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. They must also pass an examination conducted by the High Courts. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. 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. If the Magistrate on an application under Section 156(3) Cr.P.C. redistributed or derived from. There is a high court for the Islamabad Capital Territory and four provincial high courts. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. [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. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. Advertisement ISLAMABAD: The Election 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. 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. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. 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. No. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. 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. They are Gilgit Baltistan and AJK. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. 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. Powers of Magistrate under section 156 (3) Cr.P.C. Trial of offences under Penal Code. The parliament has passed the Juvenile Justice System Act 2018. 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). The administrative head of district judiciary is the 'district and sessions judge'. 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. 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. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. Prime minister has only ministerial power regarding the appointment procedure. Notify me of follow-up comments by email. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat 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". What are the different classifications of law? 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. 27. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. There is nothing illegal in doing so. ). Powers of Magistrate under section 144 Cr.P.C. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. [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. 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 . 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. 26. The superior judiciary is composed of the Supreme [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Notary Public & First Class Magistrate Attestation Service in Pakistan. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. 3. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. [4][5], The independence of the Pakistani judiciary has changed over time. Cases are usually allotted by administrative orders of district and sessions judges. Law prescribes their powers and functions. 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 Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The order of Magistrate has necessarily to indicate the application of mind.[6]. [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. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. To try civil suit up to the value of fifty thousand rupees; and 2. Required fields are marked *. copyrighted 2023 The Express Tribune. The lame-duck administration is unable to take the tough decisions needed. 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. Trial of offences under Penal Code. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. 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. 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. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. Judicial magistrate first class. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. CIVIL JUDGE 2ND CLASS 1. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. [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. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. This Act only provided for a jirga system in KPK but then in Baluchistan, the practice of Jirga system was quite common because its a custom there that the notables of area would decide various disputes concerning minor offences. Courts of Judicial Magistrate of First Class. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. The Supreme Court Judges are supervised by the Supreme Judicial Council.[1]. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. Executive Magistrates: a) District Magistrate. 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. 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. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. 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. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. Power of Magistrate to Order Registration of Case and Investigation These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Your email address will not be published. All Magistrates are subordinate to the Sessions Judge of their respective division. 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. 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. There is also provision for appointment of acting judges as well as ad hoc judges in the court. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers.

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