Even these facts, at his request, can be determined by the Supreme Judicial Council. 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. 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. 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. Therefore, the present judicial system is not an entirely foreign transplant, as is commonly alleged, but has acquired an indigenous flavour and national colour. The judges hold office for a period of 3 years, which may eventually be extended by the President. 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. The threat of being removed from office for poor performance would be enough for most of them to work. There is a SupremeCourt in Pakistan and a High Court in each province, and other courtsexercising civil and criminal jurisdiction. The District Judge may, however, withdraw any case from any Civil Judge and try it himself. How convenient to waste seven months of the litigants with no accountability for such actions. FOR ONLY $13.90/PAGE, In interpreting Statutes and developing the Common…, Development of the US federal judiciary system, Zuni Public School Dist. Justice n. Fairness, moral rightness, and a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal. Executive Function Finally, the purpose of the executive function is to ensure, that the disputing parties submit to adjudication in the first place, and they actually comply with the settlement eventually reached through the judicial process. 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. The Supreme Court considers the question so referred and reports its opinion on the question to the President. 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. Academic Content. Then comes the tier of judges appointed to special courts. The public has a right to attend judicial proceedings. Judicial Function The judicial function is the core of any legal system. The Constitution also provides for the office of Ombudsman. Accordingly, service tribunals, both at the centre and provincial level have been established and are functional. Legislation tells judicial function how to adjudicate. DELEGATION OF EXECUTIVE BODY HIGH COURT BAR ASSOCIATION BAHAWALPUR CALLS ON HCJP October 26, 2020; Declaration of Assets – Mr. Justice Qazi Faez Isa October 23, 2020; Freedom … The Supreme Court and High Courts have been established under the Constitution and other Courts have been established by or under the Acts of Parliament or Acts of Provincial Assemblies. Not included in this term is the Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court. Panchayat – Pakistan’s alternate judicial system. The Revenue Courts may be classified as the Board of Revenue, the commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. Judiciary in Pakistan at the district level is itself a hurdle in the way of speedy justice. HISTORICAL RETROSPECT: The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. BY and large our judiciary is performing well. He said this while addressing the course participants of national security and war course-2021 during their visit to Supreme Court (SC) here. Most of the judges present in the lower judiciary lack the intellectual capacity to comprehend various principles of law and dispense justice accordingly. The primary objective of the office is to institutionalize a system for enforcing administrative accountability. Once again the alternate judicial system the panchayat (village council) – an alternate jud It is the bedrock of a prosperous society. Judicial System is the system of law courts that administer justice and constitute the judicial branch of government. A quest for justice is a journey to an unknown destination with no end in sight, especially in Pakistan. Lubna Jerar Naqvi. Offences not punishable with death are tried by Magistrates. Purpose of Judicial System: The purpose of the legal system is to provide a system for interpreting and enforcing the laws. Islam is the state religion, and the Constitution requires that laws be consistent with Islam. During the year 1993, the highest number of complaints, i. e. 20,934 out of 44,578 complaints, after scrutiny, were admitted for investigation and 79 per cent of them were disposed off resulting in relief to the aggrieved. The Prophet of Islam (peace be upon him) introduced the system of `Hisab’ or accountability. He knows that there is an authority who can question him about his acts of omission and commission, while the citizen has the assurance that if an agency or an officer continues to be obdurate, 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this The ironic part is that the superior judiciary gets better each passing day and is busy re-writing the legal jurisprudence of our country. Similarly, where the law or rules empower an authority to exercise his discretion in deciding matter, no court can question that discretion except the Ombudsman who, if he is satisfied that the discretion has not been exercised judiciously, may upset the decision or have it amended in the manner he sees fit. As per practice, usually the most Senior Judge of the Supreme Court is appointed as the Chief Justice. On regaining his throne, the King established a similar institution in Sweden. One problem is that attorneys, judges, and legislatures often get caught up more in procedure than in achieving justice for all Judiciary: The branch of government that is endowed with the authority to interpret and apply the law, adjudicates legal disputes, and otherwise administers justice. (iii) Special Courts: To deal with specific types of cases Special Courts and Tribunals are constituted. HAVEN’T FOUND ESSAY YOU WANT? The decisions and judgments of such special courts are assailable before the superior judiciary (High Court and/or Supreme Court) through revision or appeal. 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. Our justice system is not slow or flawed. The High Courts cannot be doing this on their own, and must be instructed by the provincial governments to do so. Version; 2860 Download; 0.00 KB File Size; March 4, 2019 Create Date; Download; Post navigation. It consists of a Chief Justiceknown as Chief Justice of Pakistan and such … The Supreme Court has the power to review any judgments pronounced by it or any order made by it. He has also powers identical to that of the Supreme Court of Pakistan to punish any person for contempt. 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. A few states have a two-tiered system, but the federal government and most states use a three-tiered model. The principal seat of the High Court of Sindh is at Karachi with a Bench at Hyderabad and Sukkur. A person with 5 years experience as a Judge of High Court or 15 years experience as an advocate of High Court is eligible to be appointed as a Judge of the Supreme Court. The Court of a Sessions Judge is competent to pass any sentence authorized by law. In the 18th century when King Charles XII of Sweden was in exile in Turkey, it was there that the observed the working and efficacy of this institution in the Ottomon Caliphate. Besides the Court of District Judge, there are courts of Civil Judges. General: The practice and procedure of the Court is regulated by the rules made by the Court. Naked threats are issued to the judges if they refuse to cower down eventually resulting in the case of the judge being transferred. In its executive function the legal system may rely on coercive force, voluntary social sanctions, or some combination of the two. If you need this or any other sample, we Notwithstanding the successive changes i. e. one rule/dynasty substituted by the other, which naturally resulted in the socio-economic and political transformation of the Indian society, the judicial system generally maintained a steady growth and gradual advance towards consolidation and improvement/refinement, without indeed, having to undergo any major disruption or substantial change. Among the Magistrates there are Magistrates of 1st Class, 11th Class and 111th Class. Appeal against Tribunal Court: The Tribunals lie to the Supreme Court of Pakistan. A judge of the gas utility court once said to me that “the provision of gas to a citizen is a privilege”. In a broader sense, the term may also refer to a legislative assembly; a deliberative body. Legal experts and human rights watchers feel there is an urgent need for drastic improvement and re-engineering. Currently, the number of Agencies falling within the Ombudsman’s functional ambit is 300. JURISDICTION: Their jurisdiction, powers and functions are specified in the statutes creating them. Every society in human history has confronted the question of how to resolve disputes. 25, 000 has been abolished. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Judicial courts are created by the government through the enactment of statutes or by constitutional provisions for the purpose of enforcing the law for the public good. 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. The provincial government that exercises administration control over them appoints such officers. In the past, this court was used as a refuge for the recalcitrant judges. Civil courts, established under the West Pakistan Civil Court Ordinance 1962 2. The loss of Quaid-e-Azam and Liaquat Ali Khan further estranged any hope for ‘state-building’. [13] It entrusts the superior courts with an obligation to “preserve, protect and defend” the Constitution. Judiciary Supreme Court ORGANISATION AND STRENGTH OF JUDICIAL HIERARCHY: (1) Supreme Court. The system, thus, has evolved through a process of reform and development. 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. Despite being officers of the court, they mostly do not fulfill their duty diligently and maneuver the proceedings in a way which suits them. 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. The very fact that the people are making resort to the courts for the resolution of their conflicts/disputes indicates that the system enjoys a degree of legitimacy and acceptance. 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. Principles and rules which may hinder a lawyer in getting the relief he seeks, will be down played and manipulated. Hi there, would you like to get such a paper? Since its establishment, the most significant impact of this institution is that it has revived the concept of administrative accountability in Pakistan, which is both an Islamic tenet and a democratic obligation. 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. But. These reforms have at some extent have been introduced in Punjab and are a roadmap for rest of the judiciary. This conclusion enjoys near unanimity among historians and commentators of Indian legal history. The Provincial Government of Sindh and the Government of Azad Jammu and Kashmir have already established the institution of Mohtasib within their jurisdiction. Legislative Function. 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. 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 constitution provides for progressive separation of the judiciary from the state. Working 24/7, 100% Purchase Especially those sitting in elected positions. 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. One of the major organs of the state, the judiciary in Pakistan attained a particularly high profile in recent years owing to former President Musharraf’s attempt to remove the Chief Justice of Pakistan and the latter’s eventual restoration to office. Somebody is deprived of their rights whereas sometimes some are rewarded with what is rightfully theirs. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The mandate of these judges is limited to the extent of the special law under which they are constituted. 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. Anonymous or pseudonymous complaints also cannot be entertained by him under the law. The term “maladministration” has been defined in the law governing the office of Mohtasib, to cover a very wide spectrum, encompassing every conceivable form of administrative practice. Appeal against the decision of the Provincial Service Tribunal and the Federal Service Tribunals lies to the Supreme Court. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. website. Once a journey for justice begins, the children of the person starting the journey would finally reach a conclusion. Once a journey for justice begins, the children of the person starting the journey would finally reach a conclusion. The point of discussion of this paper is to have a detailed overview of the criminal justice system of Pakistan. Establishment in Pakistan: In Pakistan, the establishment of the institution of Ombudsman was advocated on several occasions. During this period 1, 19, 684 complaints were thoroughly investigated and 71 per cent were found to be genuine. It is therefore incumbent upon more judicial officers to partake their duties with full honesty and integrity as in the case of Mushtaq discussed above. Superior Judiciary The Constitution of Pakistan deals with the superior judiciary in a fairly comprehensive manner and contains elaborate provisions on the composition, jurisdiction, powers and functions of these courts. 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. In its judicial function, a legal system adjudicates disputes, issuing a decision as to how the disagreement should be settled. Gradually, other developed western countries also adopted this institution. However, Functions of Judicial System In order to do its job, any such system must perform three closely connected, but nevertheless distinct, functions: • Adjudication( Arbitration, negotiation), • Legislation • Execution. 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 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. Jurisdiction (3) Federal Shariat Court The Federal Shariat Court of Pakistan consists of 8 Muslim judges including the Chief Justice. It was Article 276 of the Interim constitution of 1972, which provided for the appointment of a Federal Ombudsman as well as Provincial Ombudsmen for the first time. 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. 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. Similarly, certain judges are personally keen on indulging in face value of lawyers and delay a case of their own accord. Under the Constitution, the Court is invested with authority to make its rules of practice and procedure. Environmental issues in Pakistan include air pollution, water pollution, noise pollution, climate change, pesticide misuse, soil erosion, natural disasters desertification flood warnings. It needs to be instilled into the hearts of the judges that every stroke of their pen, each day, writes the fate of hundreds. The most significant feature of the Ombudsman’s powers is that where the superior courts cannot take notice of orders of administrators which are in conformity with the law and rules-whosoever oppressive or unjust or arbitrary they may otherwise be-the Ombudsman can go into their equity aspect without any inhibition and recommend their withdrawal or modification if he so finds. He is assured of security of tenure and cannot be removed from office except on ground of misconduct or of physical or mental incapacity. Achievements Apart from the pains taken to investigate and redress complaints, the Ombudsman’s Secretariat makes it a appoint to acknowledge each and every complaint, and to inform those members of the public whose complaints cannot be legally entertained. (4) Subordinate Judiciary: The subordinate judiciary may be broadly divided into two classes; 1. 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. Our justice system is not slow or flawed. The roots of the current judicial system of Pakistan stretch back to the medieval period and even before. The principal set of Peshawar High Court is at Peshawar and it has two Benches at Abbott bad and Dera Ismail Khan. 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 Mohtasib jurisdiction is excluded from matters the Defence of Pakistan or with the laws governing the Army, Navy and Air Force, or are concerned with the personal grievance or service matters of a public servant or functionary. The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood Cases. These Judges are appointed by the President of Pakistan choosing from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. The Judicial System of Pakistan The Supreme Revenue Court was called, the Imperial Diwan. 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. He is not eligible for any extension of tenure, or for re-appointment under any circumstances. The Institution of Ombudsman was, however, actually brought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. No fee is payable in criminal cases and for filing any petition before the Federal Shariat Court. Delays in the judicial system are not due to any ‘external factors’ but are endemic; pointing fingers at ‘external factors’ is nothing more than blame-shifting. Jurisdiction: The FSC, on its own motion or through petition by a citizen or a government (federal or provincial), has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions of Islam. 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