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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and [4][5], The independence of the Pakistani judiciary has changed over time. 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. 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. Powers of Magistrate under section 156 (3) Cr.P.C. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The lame-duck administration is unable to take the tough decisions needed. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. Difference between Accomplice, Co-Accused, and Approver. 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. 365 Screening Services 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. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 26. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. Yousuf v. Smt. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. 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. The Executive Magistrate is under the control of State Government. 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 , . 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. This list consists of defense, foreign policy, finance, tourism, etc. [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. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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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. Save my name, email, and website in this browser for the next time I comment. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. 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. 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InUnion of India v. Prakash P. Hinduja and another,[7] it has been observed that a Magistrate cannot interfere with the investigation by the police. 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. THE PAKISTAN ENVIRONMENTAL PROTECTION ACT 1997 (XXXIV of 1997) C O N T E N T S Appeals from orders of Environmental Magistrates. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. All Magistrates are subordinate to the Sessions Judge of their respective division. redistributed or derived from. 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. [6] Ram Babu Gupta v. State of Uttar Pradesh, 2001 Cr LJ 3363. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. In certain jurisdictions designated as Rent Controller/Judge, Family Court. 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 superior judiciary is composed of the Supreme 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. Your email address will not be published. is satisfied that proper investigation has not been done, or is not being done by the officer-in-charge of the concerned police station, he can certainly direct the officer in charge of the police station to make a proper investigation and can further monitor the same though he should not himself investigate. Proceedings before the Qazi courts are according to the Civil Procedure Code. 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. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. No. 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 power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. [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. Unless otherwise stated, all content is 3. 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