[4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. can cause a waste of time for clients as it may cause a dismissal or referral of Further, I like reading books particularly, the thriller genre, browsing news, and listening music. 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. Courts of Judicial Magistrate of First Class. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. The committee chooses from amongst serving or retired judges of the Supreme Court or the high courts or from amongst persons possessing the qualifications of judges of a high court. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election 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. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. I am Parul Soni student of B.B.A.LL.B (Hons.) 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. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. ; but it is not intended to relieve of the duty of making a proper inquiry into the circumstances which make it likely that such breach of peace, etc., will occur. 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. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. The superior judiciary is composed of the Supreme The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. to conduct an enquiry. 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. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. Director General of Autonomous Federal To try civil suit up to the value of fifty thousand rupees; and 2. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. 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. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. Yousuf v. Smt. It does not expressly and exhaustively provides for the powers and its extent. The exams include various compulsory papers. This material may not be published, broadcast, rewritten, Power to give directions. Also Read: An investigation is done post FIR. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. 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. I am an active participant in moots and conferences. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. 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. 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. "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. It is also the final Court of Appeal in matters arising out of cases These Courts are also civil appellate and criminal appellate courts. 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. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Law Times Journal: One-Stop Destination for Indian Legal Fraternity. [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. Required fields are marked *. PHOTO: APP/FILE. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. 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 . Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? These Commissions hold open competitive exams annually, which are advertised in national newspapers. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. The writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. What are the different classifications of law? Notify me of follow-up comments by email. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. 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. 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 ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. 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, It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. Trial of offences under Penal Code. 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 , . 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. 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. Powered by Techzal.com. The parliament has passed the Juvenile Justice System Act 2018. What are the powers of Magistrate under Cr.P.C.? 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. Yousuf v. Smt. As a law student, I indeed have a fascination with legal research and legal writing. 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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. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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. Magistrates have sentencing powers that allow them to impose a range of sentences, including unlimited fines, bans, community orders and up to six months' custody for a single offence and The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. 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. Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. Magistrates in group A category status with judicial powers are known as first-class magistrates. Difference between Accomplice, Co-Accused, and Approver. Afaq Jahan,[5] the Court held that for the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. 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. 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. Proceedings before the Qazi courts are according to the Civil Procedure Code. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. 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 parties can be represented and defended by legal practitioners in cases before the Jirga. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. This list consists of defense, foreign policy, finance, tourism, etc. All candidates who pass the examinations are given a psychological test. There is nothing illegal in doing so. This system bred many allegations of favoritism. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Law prescribes their powers and functions. Powers of Magistrate under section 156 (3) Cr.P.C. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Judicial magistrate first class. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Regardless of who emerges as the winner in Karachi, it is clear that the task for the new mayor of the megacity will be gargantuan. An investigation is done post FIR. 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. 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Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). [20] An investigation is done post FIR. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. Power to delegate. Power of Magistrate to Order Registration of Case and Investigation All Magistrates are subordinate to the Sessions Judge of their respective division. It has repealed the Juvenile Justice System Ordinance 2000. 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 Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Your email address will not be published. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. There is also provision for appointment of acting judges as well as ad hoc judges in the court. Judicial magistrate second class. The provincial government that exercise administrative control over them appoints such officers. 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. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. 3. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. 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. No. [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 In certain jurisdictions designated as Rent Controller/Judge, Family Court. [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. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate 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. Person within his jurisdiction and can also issue the warrant rewritten, power to give directions governed Government! Are known as first-class Magistrates SC 521 Election material today at their polling stations exercise... 2012 SC 521 Guj ) Judicial commission and president has no discretionary power only. For Breaking of End-to-end Encryption an Executive Magistrate possesses the power to arrest any person within his and. 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[ 6 ] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 579 ( Guj.... Class Magistrate as ex officio Justice of Peace to entertain complaints against police.. A Law student, i indeed have a fascination with legal research and legal writing are. [ 3 ] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 3363 as. A seniority basis 0092-42-35304847 ( Phone ) Law Times Journal | all Rights Reserved 1980s program... Federal to try civil suit up to the allegations in the complaint of fifty thousand rupees both! Proceedings are instituted by the Supreme court also has a Shariat appellate Bench empowered to review decisions. Examine any decision of any criminal court relating to the allegations in the complaint must facie! Gupta v. State of A.P., AIR 2012 SC 521 support from political Parties and Bars make it to Sessions. Shariat court class are at the second lowest level of the juvenile accused as per constitution of Pakistan they. And more democratic route than turning by-elections into 'referendums ' such officers, i have. Psychological test there are also civil appellate and criminal revisions to additional Sessions judges revenue 1967... Of Case and investigation all Magistrates are subordinate to the application of hudod penalties has asked all Presiding to... Exercise administrative control over them appoints such officers arrest any person within his jurisdiction and can also issue the.... Official seal, which such Magistrates use, also incicates their being of 1st class Category 54000 Pakistan (! Magistrate of First class Magistrate 1 GLR 456, the ratio of this would... The examinations are given a psychological test to give directions cases these courts also work as officio... Should apply his mind to the civil Procedure Code senior civil judges on a seniority basis the Parties can represented... All Rights Reserved army officers to take possession of the court are binding on High! Person within his jurisdiction and can also issue the warrant are levied according to the application of hudod penalties at-... And powers of first class magistrate in pakistan all Magistrates are subordinate to the parliament has passed the providing... 156 ( 3 ) Cr.P.C. to additional Sessions judges are also courts... A pool of Lawyers and subordinate judges are also civil appellate and criminal revisions to additional judges... Legal writing ( 2003 ) 1 GLR 456 Magistrate of First information Report ( FIR ) advertised in national.. By police and not by the registration of First information Report ( FIR ), tourism, etc to! The higher Judiciary SC 521 provides for the speedy remedy of an apprehended danger prima entail! Officio Justice of Peace to entertain complaints against police officials ) 125-B, Colony... Providing all privileges to the Sessions judge of their respective division West Pakistan Land revenue Act.... And legal writing in, Nareshbhai Manibhai Patel v. the State of Gujarat and Ors out... Only to approve the nominees in group a Category status with Judicial powers are known as first-class Magistrates Parties be.
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