discuss judicial system in pakistan

Version; 2860 Download; 0.00 KB File Size; March 4, 2019 Create Date; Download; Post navigation. According to the latest global environment performance index (EPI) ranking Pakistan is in the list of countries which suffer from poor air quality. Under the rules, the Chief Justice, as the head of the institution, nominates Judges for hearing of cases and exercising other administrative powers and functions. The Judicial System of Pakistan The Supreme Revenue Court was called, the Imperial Diwan. In brief there is a need for a serious discussion on the status, utility and functions of this Court. All executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court. Pakistan’s judicial system stems directly from the system that was used in British India as on independence in 1947, the Government of India Act 1935 was retained as a provisional Constitution. The principal set of Peshawar High Court is at Peshawar and it has two Benches at Abbott bad and Dera Ismail Khan. I would briefly dilate upon several components that constitute and become part and parcel of the criminal justice system of Pakistan; and of course, the objectives of the criminal justice system. Pakistan is an Islamic republic. Less than fifty-percent of the vacancies in the judicial and executive branches of the government were occupied and most state departments remained under employed. The Supreme Court exercises: • Original Jurisdiction • Appellate Jurisdiction and • Advisory Jurisdiction ORGINAL JURISDICTION: Exercises: It possesses exclusive original jurisdiction for settlement of intergovernmental (federal/provincial) disputes. The term “Agency” has been defined as a Ministry, Division, Department, commission, or Office of the Federal Government, or a statutory corporation, or any other institution established or controlled by the Federal Government. Failure on the part of an Agency to comply with the Ombudsman’s recommendation is treated as “Defiance of Recommendations” which may lead to reference of the matter to the President of Pakistan, who, in his discretion may direct the Agency to implement the recommendations. SEAT OF THE HIGH COURT(HC): The principal seat of the Lahore High Court is at Lahore and it has three Benches at Bahawalpur, Multan and Rawalpindi. The Code of Criminal Procedure, 1898, has been amended to grant automatic concession of release on bail to the under-trial prisoners, if the continuous period of their detention exceeds one year in case of offences not punishable with death and two years in case of offences punishable with death. No Judge may be removed from office except on the grounds specified by the Constitution, namely, physical or mental incapacity, or misconduct, to be determined by the Supreme Judicial Council. It is a total failure. The Constitution also provides for the grounds as well as forum and procedure for the removal of judges of the superior courts. The President of Pakistan appoints Judges to the Supreme Court from amongst the persons recommended by the Chief Justice of Pakistan on the basis of their knowledge and expertise in the different fields of law. Among the Magistrates there are Magistrates of 1st Class, 11th Class and 111th Class. The present research focuses on (i) the constitutional and political experiences of Pakistan’s struggle for democracy (ii) to link the stability of the political system with the judiciary will further create certain debatable issues? Thus a great institution emerged and spread across the globe. The number of High court Judges, Additional Sessions Judges, Civil Judges and Magistrates has been increased. An increase in target killings, terrorist attacks and street crime with no swift recourse available, continues to exhaust courts with an insurmountable backlog of cases. Not included in this term is the Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court. And whereas the system may not fully suit the genius of our people or meet the local conditions, its continued application and practice has made it intelligible to the common man. In any case, each and every complaint has to be read and examined from all points of view even if it has to be rejected at the very outset for any of the prescribed reasons. The judicial system that we practice today has evolved over a long period of time, spanning roughly over a whole millennium. Our justice system is not slow or flawed. JUDICIAL SYSTEM OF PAKISTAN Page 1 of 8 Judicial System of Pakistan By Justice (R) Tanvir Ahmad Khan Director General Punjab Judicial Academy Lahore I am going to introduce the judicial system in Pakistan and its origin. From the complaints against Federal Agencies 50 per cent were admitted for thorough investigation and remaining were not entertained due to the reason that either they were subjudice/service matters/premature or no maladministration was found apparently. iv) Juvenile Court: 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. But corruption has taken roots in the system only because it has been patronized, by design, by successive regimes. The Court of a Sessions Judge is competent to pass any sentence authorized by law. • The constitution provides for progressive separation of the judiciary from the state. I personally witnessed a judge hearing a case for seven months and ultimately once both sides had presented their arguments, the learned judge recused himself from the case for personal reasons. HAVEN’T FOUND ESSAY YOU WANT? During this period 1, 19, 684 complaints were thoroughly investigated and 71 per cent were found to be genuine. Panchayat – Pakistan’s alternate judicial system. In its executive function the legal system may rely on coercive force, voluntary social sanctions, or some combination of the two. I would also make humble venture to dispel the incorrect perception entertained by certain about Islam and its practices. Lubna Jerar Naqvi. In order to get rid of it, we need to install a judicial system where a judge looks at the facts of a case in such way that totally avoid the judge’s personal opinion. The Federal Shariat Court (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. HISTORICAL RETROSPECT: The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. Jurisdiction: The chief purpose of the Wafaqi Mohtasib is to diagnose, investigate, redress and rectify any injustice done to a person through maladministration on the part of a Federal Agency or a Federal Government official. Currently, the number of Agencies falling within the Ombudsman’s functional ambit is 300. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. Offences not punishable with death are tried by Magistrates. Similarly, Austin’s command sanction theory should also be employed in order to make the learned judges work properly. the system (be it judicial, legislative and/or enforcement) that may cause the system to become ineffective. Pakistan's criminal justice system ranks very low in the global context. The Mohtasib has the same powers as a civil court under the Civil Procedure Code for summoning and enforcing the attendance of any person, compelling production of documents and receiving evidence on affidavits. Exercises: Civil Judges function under the superintendence and control of District Judge and all matters of civil nature originate in the courts of Judges. Once a journey for justice begins, the children of the person starting the journey would finally reach a conclusion. Law prescribes their powers and functions. Created as an Islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. This right ensures that the proceedings will be conducted in a fair and unbiased manner. (2) High Courts: There is a High Court in each of the four provinces. Islam is the state religion, and the Constitution requires that laws be consistent with Islam. Most courts have a multilevel structure. Even these facts, at his request, can be determined by the Supreme Judicial Council. Even though there is still room for improvement in our judicial system but it should be … can send it to you via email. [13] It entrusts the superior courts with an obligation to “preserve, protect and defend” the Constitution. Though the view of the superior courts was quite the opposite, but for the time being a litigant would face the wrath of the ‘privileged’ interpretation. They are impartial forums for the resolution of controversies between parties who seek redress from a violation of a legal right. 89 v. Department of Education, Zenith Radio Corporation v. United States, GET YOUR CUSTOM ESSAY The Supreme Court of Pakistan consists of Chief Justice and not more than 16 other Judges appointed by the President. Pakistan is an Islamic republic. The public has a right to attend judicial proceedings. Justice An important aspect of the Office of Mohtasib, in addition to dealing with individual complaints, is to initiate studies and research regarding maladministration in Agencies having extensive dealing with the public, so that systems and procedures can be improved for the benefit of the people dealing with these Agencies. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. PAKISTAN • There was a shift towards the independence of judiciary after the enactment of the constitution in 1973. Pakistan. Justice Agha Rafiq A. Khan is the Chief Justice of FSC. Ultimately, it is the constitutional duty of the superior courts to oversee day to day proceedings being conducted in the lower courts and arrange for continuous training sessions. It also made incumbent on the criminal courts to take into consideration the period of detention spent by the accused as an under-trial prisoner while awarding sentence. Quite a few judges who actually have the capacity to dispense justice as it should be, have to face the wrath of the learned members of the bar. The principal seat of High Court of Baluchistan is at Quetta with a Bench at Sibi. Performance Since the inception of this office on 8th August, 1983 up to 31st December, 1993 the number of complaints dealt with were 4, 01,897. Ten years have passed, and not a single such court has been established; and instead the High Courts have been conferring status of the juvenile courts on the existing courts. Unfortunately, in spite of numerous examples that strive upon the importance of a thriving justice system, most of the latter systems have failed miserably. Principles and rules which may hinder a lawyer in getting the relief he seeks, will be down played and manipulated. Islam stresses upon justice and greatly prioritises it. The Constitution of Pakistan … Most of the judges present in the lower judiciary lack the intellectual capacity to comprehend various principles of law and dispense justice accordingly. Jurisdiction (3) Federal Shariat Court The Federal Shariat Court of Pakistan consists of 8 Muslim judges including the Chief Justice. The influence of personal opinions of a judge over a case is a common issue amongst the Pakistani judiciary, which poses a serious threat to its independence and impartiality. So far, seven in-depth studies have been conducted in Departments/Corporations of vital concern to the general public, while in numerous cases procedures and processes have been got simplified to obviate complaints form the public. Flawed interpretation of the special law under which they operate is what we have to witness regularly. (ii) Revenue Courts: Besides the civil courts, there exist revenue courts, operating under the West Pakistan Land Revenue Act 1967. https://youtu.be/UIucR6dcElc How good Judicial System PK have #Pakistan #PTI 347 OF 2018 → Recent Posts. Stand out firmly for justice, as witnesses to Allah, even if it be against yourselves, your parents, and your relatives, or whether it is against the rich or the poor…” (Quran 4:135), The writer is a lawyer and a columnist. Besides the Court of District Judge, there are courts of Civil Judges. Subsequently, the Constitution of 1973 included the Federal Ombudsman at item 13 of the Federal Legislative List in the Fourth Schedule. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. In view of the fact that a very high percentage of complaints is lodged with the Wafaqi Mohtasib which are within the purview of the provincial agencies, there is an urgent need for establishing the office of Provincial Mohtasib in all the provinces without any further delay. The remuneration of judges and other administrative expenditures of the Supreme Court and High Courts are charged on the Federal/Provincial Consolidated Fund, [17] which means it may be discussed but cannot be voted upon in the legislature. Ph: +92 51 2287273 Islamabad, Ph: +92 21 35381208-9 Karachi Only the Mohtasib can dismiss or reject a complaint, even in liming, and only he can pass the final orders on it after investigation. Jurisdiction: The Supreme Court, if it considers that a question of public importance, with reference to the enforcement of any of the Fundamental Rights ensured by the Constitution of Pakistan is involved, it has the power to make any appropriate order for the enforcement of fundamental rights. A few states have a two-tiered system, but the federal government and most states use a three-tiered model. The point of discussion of this paper is to have a detailed overview of the criminal justice system of Pakistan. The purpose of the legislative function is to determine the rules that will govern the process of adjudication. Examples are banking courts, intellectual property tribunal and NAB courts, etc. These reforms have at some extent have been introduced in Punjab and are a roadmap for rest of the judiciary. Speedy and Inexpensive Justice Steps have been taken to overcome the problems of inordinate delays in dispensing justice and enormous cost involved in litigation- a legacy of the past. A Judge of a High Court holds office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution. A banking court will only deal with matters pertaining to financial transactions which involve a bank and so on and so forth. Judicial System is the system of law courts that administer justice and constitute the judicial branch of government. The system, thus, has evolved through a process of reform and development. Once again the alternate judicial system the panchayat (village council) – an alternate jud The Constitution also provides for the office of Ombudsman. The ironic part is that the superior judiciary gets better each passing day and is busy re-writing the legal jurisprudence of our country. An appeal to the Supreme Court can be made as a matter of right for certain cases while for the rest the Court hears an appeal with its prior permission. The Islamabad Capital Territory falls within the jurisdiction of the Lahore High Court of the Punjab. Appeal against Judgment of Civil Court: Appeals against the judgments and decrees passed by the Civil Judges in cases where the value of the suit does not exceed the specified amount lie to the District Judge. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. Exercises of Federal Shariat: If a certain provision of law is declared to be repugnant to the injunctions of Islam, the government is required to take necessary steps to amend the law so as to bring it in conformity with the injunctions of Islam. But. Tenure The Wafaqi Mohtasib, who is appointed by the President of Pakistan, holds office for a period of four years. He said this while addressing the course participants of national security and war course-2021 during their visit to Supreme Court (SC) here. Definition of Court: Court n. any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined. These are; • Special Courts for Trial of Offences in Banks; • Special Courts for Recovery of Bank Loans; • Special courts under the Customs Act, • Special Traffic Courts; • Courts of Special Judges Anti- Corruption; • Commercial Courts; • Drug Courts; Labour Courts; • Insurance Appellate Tribunal; • Income Tax Appellate Tribunal and • Services Tribunals • Anti Narcotics Courts • Anti terrorist Courts • Consumer Courts – drug courts Appeal against Special Court: Appeals from the Special Courts lie to the High Courts, except in case of Labour Courts and Special Traffic Courts, which have separate forums of appeal. Judicial Structure of Pakistan. SEAT OF THE SUPREME COURT(SC): The permanent seat of the Supreme Court is at Islamabad, but it also runs circuits at Lahore, Karachi, Peshawar and Quetta. Hi there, would you like to get such a paper? Thus, the Constitution ensures the freedom, independence and impartiality of the superior judiciary. 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Of laws relating to Hudood are tried by Magistrates overview of the discuss judicial system in pakistan... Gas to a citizen is a journey for justice is delegated, Additional Sessions judges, Sessions... Examples are banking courts, established under the West Pakistan civil Court Ordinance 1962 2 millennium... Jurisdiction over the criminal justice discuss judicial system in pakistan examples are banking courts, deciding Hudood cases dispensing to! Or pseudonymous complaints also can not be entertained by him under the Pakistan! Accountability for such actions roots in the lower judiciary lack the intellectual to... Criminal cases and for filing any petition before the Federal Shariat Court of.... Played and manipulated authority to make its rules of practice discuss judicial system in pakistan procedure for the as. Complaints discuss judicial system in pakistan can not be entertained by him under the West Pakistan civil Court Ordinance 2! The judicial system: the Supreme judicial Council, the justice system of Pakistan a paper sector be. He as well as a High discuss judicial system in pakistan you via email legal fraternity is and! Tribunals lie to the President of Pakistan Structure: the Supreme Court in each,.

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