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. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 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. There is no merit system for selection of Judges to higher Judiciary. 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. It is also the final Court of Appeal in matters arising out of cases decided by the High Courts, and in this capacity, it replaces the Judicial Committee of the Privy Council, sitting in London. The minimum age limit is 28 years but the government can relax the age restriction if it wants. 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 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. 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. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. 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. 27. Quick Response Force of Pakistan Army would also be available to react to any eventuality. Qazis are appointed through the Public Service Commission. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (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. 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. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Powered by Techzal.com. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same though he should not himself investigate. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. As a law student, I indeed have a fascination with legal research and legal writing. MIRPUR - The powers of First Class Magistrate have been delegated to all the presiding officers in connection with the forthcoming elections of Azad Jammu and Kashmir Legislative Assembly to be held on July 25, However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. This field is for validation purposes and should be left unchanged. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] 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). A Court of Session comprises of Sessions Judge and Additional Sessions Judge. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. 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. "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. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. Afaq Jahan, AIR 2006 SC 705. 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. The lame-duck administration is unable to take the tough decisions needed. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. The law is applicable to the whole of Pakistan. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Army pledges full support for upcoming polls. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Difference between Accomplice, Co-Accused, and Approver. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 365 Screening Services 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. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. CIVIL JUDGE 2ND CLASS 1. 3. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. 5. Courts of Judicial Magistrate of First Class. Judges of the Judicial Service are generally ignored during the selection while 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. An investigation is done post FIR. [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. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. [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. Poll body says it has instead given the powers to election officials who will be serving as in-charges. They are Gilgit Baltistan and AJK. 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Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. What are the powers of Magistrate under Cr.P.C.? [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. 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. Save my name, email, and website in this browser for the next time I comment. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. 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. Trial of offences under Penal Code. Required fields are marked *. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. This material may not be published, broadcast, rewritten, The court consists of a Chief Justice and sixteen other judges. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. 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