Save my name, email, and website in this browser for the next time I comment. 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. 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. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. In this regard the Home Department Government of Sindh has issued a partially modified notification. I am an active participant in moots and conferences. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. The administrative head of district judiciary is the 'district and sessions judge'. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The parliament has passed the Juvenile Justice System Act 2018. 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. 26. According to the Section 11 of the Afaq Jahan, AIR 2006 SC 705. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. 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. Magistrates in group A category status with judicial powers are known as first-class magistrates. The lame-duck administration is unable to take the tough decisions needed. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. 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. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. 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. or C.I.D., as is prayed for by the revisioner. Law prescribes their powers and functions. The provincial government that exercise administrative control over them appoints such officers. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. I am Parul Soni student of B.B.A.LL.B (Hons.) An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. The Election Commission has asked all Presiding In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. This material may not be published, broadcast, rewritten, 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. Normality cannot be achieved without Pakistan itself becoming a normal country, and Washington shifting its focus of interest to the people, from the ruling elite. It is also the final Court of Appeal in matters arising out of cases to conduct an enquiry. Your email address will not be published. In certain jurisdictions designated as Rent Controller/Judge, Family Court. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. [7] According to some estimates, 90% of civil cases involve land disputes, owing to Pakistan's lack of a proper land register.[7]. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. 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 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 . 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. [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. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. ). [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. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. The minimum age limit is 28 years but the government can relax the age restriction if it wants. However original civil suits are filed with the Assistant Commissioners and Tehsildars who will refer them to Qazi or Majlis e Shura. [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. [3] Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. redistributed or derived from. 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. Director General of Autonomous Federal In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Trial of offences against other laws. Qazis are appointed through the Public Service Commission. 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. An investigation is done post FIR. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. 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. PART II. 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. What are the different classifications of law? It does not expressly and exhaustively provides for the powers and its extent. ,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). Quick Response Force of Pakistan Army would also be available to react to any eventuality. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. [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. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. There is a high court for the Islamabad Capital Territory and four provincial high courts. 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. 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. They must also pass an examination conducted by the High Courts. 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. However at the same time they also exercise powers as criminal courts. Your email address will not be published. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The exams include various compulsory papers. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. The case law has also been referred to. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. Section 156(3) attempts to define powers briefly. Notary Public & First Class Magistrate Attestation Service in Pakistan. Dispatch from Washington: Are Pompeos Comments on Ghani Fair? 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. These Courts are also civil appellate and criminal appellate courts. can cause a waste of time for clients as it may cause a dismissal or referral of Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Therefore, its crucial to get your documents attested and Fikarfree can ease the process complications with you so that you can be free of anxiety. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. copyrighted 2023 The Express Tribune. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. 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". When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. Judicial magistrate first class. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. 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 Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. The law is applicable to the whole of Pakistan. 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