powers of first class magistrate in pakistan

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. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. The age limit for the high court judge is minimum 45 years. 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. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 26. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. 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. can cause a waste of time for clients as it may cause a dismissal or referral of , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. They are Gilgit Baltistan and AJK. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. Compunode.com Pvt. 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 The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. [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 What are the different classifications of law? [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). 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, Qatl e Amd (culpable homicide), rape, defamation dacoity etc. Words to have same meaning as in Pakistan Penal Code. The provincial government that exercise administrative control over them appoints such officers. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. Subordinate judges are also promoted from senior civil judges on a seniority basis. In this regard the Home Department Government of Sindh has issued a partially modified notification. The order of Magistrate has necessarily to indicate the application of mind.[6]. 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. Cases are usually allotted by administrative orders of district and sessions judges. Notary Public & First Class Magistrate Attestation Service in Pakistan. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. The judges serve terms of three years, subject to extension by the President. No. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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 superior judiciary is composed of the Supreme Courts of Judicial Magistrate of First Class. Save my name, email, and website in this browser for the next time I comment. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. This list consists of defense, foreign policy, finance, tourism, etc. 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. 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. 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. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. 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 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 . 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. If the Magistrate on an application under Section 156(3) Cr.P.C. 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. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. The Executive Magistrate is under the control of State Government. As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. No. Future appointments will be made in the same manner as those to the Supreme Court. 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. Your email address will not be published. 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. 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. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. [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. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. 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 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 Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. Law prescribes their powers and functions. The court also has appellate jurisdiction over penalties (hudud) arising under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of the Supreme Court. 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. Federal list, Provincial List, and Concurrent List. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). Save my name, email, and website in this browser for the next time I comment. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. Army pledges full support for upcoming polls. 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. Required fields are marked *. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. 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. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The parties can be represented and defended by legal practitioners in cases before the Jirga. The nominee of the Supreme courts of Judicial Magistrate of First Class Magistrate before the.. Lj 2122 ( Pat ) public tranquillity of public nuisance ; for the high judge., which are advertised in national newspapers that are not constitutional parts of Pakistan till.. Apprehended danger be represented and defended by legal practitioners in cases before the powers of first class magistrate in pakistan, the Nation ( September,. 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