In CBI v. State of Rajasthan & ors. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. The court consists of a Chief Justice and sixteen other judges. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. What are the powers of Magistrate under Cr.P.C.? 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. A high court is the principal court of its province.[1]. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. These Courts are also civil appellate and criminal appellate courts. Army pledges full support for upcoming polls. Notify me of follow-up comments by email. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. An investigation is done post FIR. The Election Commission has asked all Presiding [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). Executive Magistrates: a) District Magistrate. There is nothing illegal in doing so. Powers of Magistrate under section 156 (3) Cr.P.C. According to the Section 11 of the The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. Courts of Judicial Magistrate of First Class. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. 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. There is a high court for the Islamabad Capital Territory and four provincial high courts. 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. 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. In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. 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. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. There are numerous special tribunals such as; Almost all judges of above-mentioned courts and tribunals except for consumer courts are district and sessions judges or of having same qualifications. CONSTITUTION AND POWERS OF CRIMINAL COURTS. Powers of Magistrate under section 144 Cr.P.C. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Power to give directions. The Judicial Commission of Pakistan consists of a total of nine members: the Chief Justice of Pakistan, four senior judges of the Supreme Court, a former Chief Justice or judge of the Supreme Court nominated by the serving Chief Justice in consultation with the four serving judges of the Supreme Court aforementioned, the Attorney General of Pakistan, the Federal Minister for Law and Justice and, one senior advocate nominated by the Pakistan Bar Council. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. The Classification, the appointment, the duties, the functions, the powers, control, the subordination, the supervision are all discussed briefly. Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. at Department of Law, Prestige Institute of Management and Research, Indore. 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. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. The 1973 Constitution of Pakista n provides three categories of administrative powers i.e. 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. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. Trial of offences under Penal Code. Power of Magistrate to Order Registration of Case and Investigation For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. In magisterial functions judicial magistrates record statements on oath of witness, Judicial confession of accused, holds identification test parades, inquest proceedings of the prisoners. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. 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. 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. Your email address will not be published. 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. The age limit for the high court judge is minimum 45 years. They are Gilgit Baltistan and AJK. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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. 26. Pakistan 042-35304847 (Phone) 042-35311498 (Fax) Superior Law College (Res. Save my name, email, and website in this browser for the next time I comment. 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. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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 are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. I am an active participant in moots and conferences. The exams include various compulsory papers. ; 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. In certain jurisdictions designated as Rent Controller/Judge, Family Court. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Be the first to review Notary Public & First Class Magistrate Attestation. 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. or C.I.D., as is prayed for by the revisioner. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. It is also the final Court of Appeal in matters arising out of cases The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. An investigation is done post FIR. Advertisement ISLAMABAD: The Election However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. 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