powers of first class magistrate in pakistan

Command the dispersal of any unlawful assembly. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. The court of the district and sessions judge usually hears administrative applications against lower courts orders. 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. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. There is a high court for the Islamabad Capital Territory and four provincial high courts. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. After passage of the 18th and 19th Constitutional Amendments, a new Judicial Commission (named Judicial Commission of Pakistan) and Parliamentary Committee were established for appointments. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] 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. 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. Trial of offences under Penal Code. In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment, High Court appointments suffered much the same criticisms as those to the Supreme Court. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. 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. The case law has also been referred to. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Judicial magistrate first class. Besides, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. No. In every town and city, there are numerous civil and judicial magistrates' courts. 27. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. Future appointments will be made in the same manner as those to the Supreme Court. 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. 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. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. 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The Supreme Court in Madhu Bala v. Suresh Kumar,[4] held that it is not illegal by the Magistrate to order to the police to register the case and investigate it provided that the complaint filed before the Magistrate discloses the commission of any cognizable offence. In Mohd. Required fields are marked *. Powers of Magistrate under section 156 (3) Cr.P.C. I am Parul Soni student of B.B.A.LL.B (Hons.) The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. 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 Courts of Judicial Magistrate of First Class. powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). The judges serve terms of three years, subject to extension by the President. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. 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. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. 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. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 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). KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise An investigation is done post FIR. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? In certain jurisdictions designated as Rent Controller/Judge, Family Court. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. Quick Response Force of Pakistan Army would also be available to react to any eventuality. 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. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 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. Words to have same meaning as in Pakistan Penal Code. 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. [3], Courts of Judicial Magistrate of First Class, Courts of judicial magistrate of first class, Courts of judicial magistrate of second class, National Judicial Appointments Commission, List of sitting judges of the Supreme Court, List of former judges of the Supreme Court, List of female judges of the Supreme Court, Courts of Judicial Magistrate of Second Class, https://en.wikipedia.org/w/index.php?title=Courts_of_Judicial_Magistrate_of_First_Class&oldid=1111089414, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 September 2022, at 07:18. No. 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. Power to give directions. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. or C.I.D., as is prayed for by the revisioner. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial Commission. Your email address will not be published. The law is applicable to the whole of Pakistan. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. 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. What are the powers of the Executive magistrate under Cr.P.C.? All candidates who pass the examinations are given a psychological test. 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