Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray.  CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Be the first to review Notary Public & First Class Magistrate Attestation. at Department of Law, Prestige Institute of Management and Research, Indore. This material may not be published, broadcast, rewritten, Your email address will not be published. The court of the district and sessions judge usually hears administrative applications against lower courts orders. The conclusive proof of age is Occification Test. 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 superior judiciary is composed of the Supreme No. 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. Notary Public & First Class Magistrate Attestation Service in Pakistan. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. 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). I am Parul Soni student of B.B.A.LL.B (Hons.) document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. 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 Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul, 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. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. Afaq Jahan, AIR 2006 SC 705. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. If the Magistrate on an application under Section 156(3) Cr.P.C. The decisions of the court are binding on the high courts as well as the subordinate judiciary. 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. The court consists of a Chief Justice and sixteen other judges. 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. An investigation is done post FIR. 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.  Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. ). There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. As a law student, I indeed have a fascination with legal research and legal writing. PHOTO: APP/FILE. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. 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". They are Gilgit Baltistan and AJK. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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 ; 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. These courts have also jurisdiction to try cases under the Hudood Laws of Pakistan, certain offences under Control of Narcotic Substances Act etc. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Qazis are appointed through the Public Service Commission. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. No. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. There is also provision for appointment of acting judges as well as ad hoc judges in the court. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. , The independence of the Pakistani judiciary has changed over time. can cause a waste of time for clients as it may cause a dismissal or referral of The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1962. PART II. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. Trial of offences under Penal Code. 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. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. or C.I.D., as is prayed for by the revisioner. 26.  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.  Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India 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 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. 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A high court is the principal court of its province.. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Power to give directions. 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. No. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. 5. 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. What are the powers of Magistrate under Cr.P.C.? Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general Poll body says it has instead given the powers to election officials who will be serving as in-charges. , 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. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. Notary Public & First Class Magistrate Attestation Service in Pakistan. 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. 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. 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.  Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). 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. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Your email address will not be published. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. However at the same time they also exercise powers as criminal courts. Court usually starts early in the morning, with the hearing of pre-arrest bail applications, followed by post-arrest bail applications and civil appeals from the orders of the judicial magistrates' courts and civil judges. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Afaq Jahan, 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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. The exams include various compulsory papers. 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. Judicial magistrate first class. Power to delegate. The Supreme Court (KAS), established in 1956, 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. Unless otherwise stated, all content is Judges of the Judicial Service are generally ignored during the selection while 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. copyrighted 2023 The Express Tribune. Power of Magistrate to Order Registration of Case and Investigation Notify me of follow-up comments by email. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. Subordinate judges are also promoted from senior civil judges on a seniority basis. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. Federal list, Provincial List, and Concurrent List. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. The Election Commission has asked all Presiding Required fields are marked *.  Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 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. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. The case law has also been referred to. All convictions awarded by judicial magistrates and convictions up to four years awarded by courts of assistant sessions judges or magistrates especially empowered under section 30 Cr.P.C. 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. There is also High Court in federal Capital Islamabad. The candidates who manage to pass the first test then undertake another test by NTS after which the successful candidates are chosen for the interview which is conducted by the five most senior judges of high court including chief justice of Sindh and candidate who manage to pass the interview are recommended for the post of civil judge and judicial magistrate who thereafter are appointed by the government of Sindh. To try civil suit up to the value of fifty thousand rupees; and 2. 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. The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. An investigation is done post FIR. Trial of offences under Penal Code. The age limit for the high court judge is minimum 45 years. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. Courts of Judicial Magistrate of First Class. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) 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. In every town and city, there are numerous civil and judicial magistrates' courts. 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. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. Cases are usually allotted by administrative orders of district and sessions judges. 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. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. In certain jurisdictions designated as Rent Controller/Judge, Family Court. 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. This list consists of defense, foreign policy, finance, tourism, etc. 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. Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal remedies but this idea could not be implemented on a national level. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. It does not expressly and exhaustively provides for the powers and its extent. Extra security cover is being provided to polling stations described as sensitive and high sensitive. 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. The court consists of eight Muslim judges, appointed by the President of Pakistan, on the advice of a judicial committee of the chief justices of the Supreme Court and the Federal Shariat Court. What are the powers of Judicial Magistrate of First Class? There is nothing illegal in doing so. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. In Nareshbhai Manibhai Patel v. State Of Gujarat And Ors, it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. 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.
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