powers of first class magistrate in pakistan

ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. This list consists of defense, foreign policy, finance, tourism, etc. 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. [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general It is also the final Court of Appeal in matters arising out of cases 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. Subordinate judges are also promoted from senior civil judges on a seniority basis. A high court is the principal court of its province.[1]. Director General of Autonomous Federal The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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. [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. 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. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. 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. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. 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. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. can cause a waste of time for clients as it may cause a dismissal or referral of Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? 5. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. In Nareshbhai Manibhai Patel v. State Of Gujarat And Ors,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. There is also provision for appointment of acting judges as well as ad hoc judges in the court. 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. 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. 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). Executive Magistrates: a) District Magistrate. Army pledges full support for upcoming polls. ). 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. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. They must also pass an examination conducted by the High Courts. [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. 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. This system bred many allegations of favoritism. [10] Abdul v. Lucky Narain Mundul, (1879) 5 Cal 132. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. Notary Public & First Class Magistrate Attestation Service in Pakistan. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. or C.I.D., as is prayed for by the revisioner. 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. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and 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. Save my name, email, and website in this browser for the next time I comment. Afaq Jahan, AIR 2006 SC 705. An investigation is done post FIR. An investigation is done post FIR. There is nothing illegal in doing so. 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. According to the Section 11 of the [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. 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. 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. PHOTO: APP/FILE. Notary Public & First Class Magistrate Attestation Service in Pakistan. Your email address will not be published. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. The minimum age limit is 28 years but the government can relax the age restriction if it wants. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. 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 It does not expressly and exhaustively provides for the powers and its extent. 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. [5] Mohd. Government of Pakistans COVID Information Portal, National Institute of Health National Health Services Regulation and Coordination, National Database and Registration Authority, LG elections: Presiding officers granted first-class magistrate powers, Your Right to Vote Constitution and Beyond, Myths about Electoral System and Processes, Motivational Quotations for Politics, Democracy, and Elections, https://tribune.com.pk/story/976352/lg-elections-presiding-officers-granted-first-class-magistrate-powers/, PPP gets deeper into trouble as another senior leader forms pressure group, ECP asserts its authority to examine party funds, Eligible voters registered in their constituencies: CEC, Voter gender gap serious challenge, says CEC, Voters asked to verify registration status from ECPs SMS service, ECP omits names of over 4 million deceased voters from list, Punjab govt for delay in publication of delimitation of constituencies, LG dept monitoring system to improve governance, SHC directs ECP to conduct LB elections within 120 days, Amend Constitution to help LG system function, ECP Receives Briefing On Third Strategic Plan 2019-23, Local government polls: ECP constitutes delimitation committees, Punjab unlikely to hold local bodies polls soon, Enrollment Of All Eligible Voters; Reducing Gender Gap Important For Transparent Elections: PEC,Punjab, Delimitation for new local bodies starts this week. 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