Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. 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. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. The law is applicable to the whole of 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. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 5. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The court consists of a Chief Justice and sixteen other judges. It has repealed the Juvenile Justice System Ordinance 2000. Powers of Magistrate under section 144 Cr.P.C. The superior judiciary is composed of the Supreme PART II. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. To try civil suit up to the value of fifty thousand rupees; and 2. 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. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Unless otherwise stated, all content is Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). 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. 365 Screening Services The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 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. 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, 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. No. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. 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. In civil capacity in the province of Sindh and Balochistan as a civil judge these courts have jurisdiction to entertain the claims of third-class suits having a pecuniary limit up to fifty thousand rupees. 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. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. 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. Your email address will not be published. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. to conduct an enquiry. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. [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. 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. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. An investigation is done post FIR. 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. 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. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. Section 156(3) attempts to define powers briefly. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. No. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. A Court white exercising revisional powers put itself into the position of the Court passing the impugned order and then examines the question and revises the order if need be. 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 judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Be the first to review Notary Public & First Class Magistrate Attestation. 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 age limit for the high court judge is minimum 45 years. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. [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. 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. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Extra security cover is being provided to polling stations described as sensitive and high sensitive. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. [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. can cause a waste of time for clients as it may cause a dismissal or referral of Also Read: 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. 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. Future appointments will be made in the same manner as those to the Supreme Court. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. There is also High Court in federal Capital Islamabad. Your email address will not be published. CIVIL JUDGE 2ND CLASS 1. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. 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. Poll body says it has instead given the powers to election officials who will be serving as in-charges. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. No. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. But instead of 4 supreme court judges, 4 most senior high court judges, provincial law minister and a member of provincial bar councils (such as Punjab Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high court judges. Quick Response Force of Pakistan Army would also be available to react to any eventuality. Your email address will not be published. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. 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 ). [20] 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). Federal list, Provincial List, and Concurrent List. 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. 27. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. [4][5], The independence of the Pakistani judiciary has changed over time. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. Trial of offences under Penal Code. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. WHEN it comes to press freedom, the arrest of journalist Shahid Aslam highlights the weaknesses in our democracy and KP Assembly dissolved as governor approves CM Mahmoods summary, Sindh LG polls: Imran says manipulated elections will aggravate polarisation, anarchy, Bajwa data leak: Islamabad court grants bail to journalist Shahid Aslam, 60 , . This field is for validation purposes and should be left unchanged. 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. Many judges who were appointed were relatives of other Judges or Government officials. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. In every town and city, there are numerous civil and judicial magistrates' courts. [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. [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. 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. Advertisement ISLAMABAD: The Election 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. No. Difference between Accomplice, Co-Accused, and Approver. And additional Sessions Judge and additional Sessions Judge and additional Sessions Judge and additional Sessions Judge superior. Security cover is being done by the registration of first class Magistrate Attestation the first to review notary &. 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