Powers of Courts in Pakistan
Jurisdiction & Powers of Courts in Pakistan.
SUPREME COURT
1. 184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgments;
2. 184(3) Enforcement of Fundamental Rights involving an issue of public importance;
3. Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment;
4. Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees;
5. Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution;
6. Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;
7. Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President;
8. Art 187 To issue directions/orders for doing complete justice in a pending case/matter;
9. Art 188 To review any of its own judgment/order;
10. Art 204 To punish for its contempt;
11. Art 212 Appeal from Administrative courts/tribunals; and
12. Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court.
* FEDERAL SHARIAT COURT:
1. Art 203-D To determine whether a provision of law is repugnant to the Injunctions of Islam;
2. Art 203 DD Revisional Jurisdiction in cases under Hudood laws;
3. Art 203 E To review its judgment/order;
4. Art 203 E To punish for its contempt; and
5. Under Hudood laws, hears appeals from judgment/order of criminal courts.
HIGH COURT:
1. Art 199(1) to issue 5 writs namely mandamus, prohibition, certiorari, habeas corpus and quo warranto;
2. Art 199(2) Enforcement of Fundamental Rights;
3. Art 203: To supervise/control subordinate courts;
4. Art 204: To punish for its contempt;
5. To hear appeal under S.100 of CPC;
6. To decide reference under S.100 of CPC;
7. Power of review under S.114 of CPC;
8. Power of revision under S.115 of CPC;
9. Appeals under S.410 of Cr.P.C;
10. Appeals against acquittal under S.411-A(2) of Cr.P.C
11. Appeals against judgment/decree/order of tribunals under special laws;
12. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C;
13. Power of revision under S.439 Cr.P.C
14. Hedge Inter-Court appeal at Lahore High Court and High Court of Sindh,
* DISTT. & SESSIONS JUDGE/ADDL. DISTT. & SESSIONS JUDGE
1. Appeal against judgment/decree of a Civil Judge under S.96 of CPC;
2. Appeal against order under S.104 of CPC;
3. Power of revision under S.115 of CPC;
4. Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;
5. Murder trial under S.265 of the Cr.P.C;
6. Criminal trial under Hudood laws;
7. Appeals under S.408 of Cr.P.C;
8. Power of revision under S.439-A of Cr.P.C;
9. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C; and
10. Decides pre-arrest bail applications under S 498 of the Cr. PC.
11. Being An exofficio Justice of the Peace may issue appropriate directions to the police authorities concerened on a complaint regarding (i) nonregistration of a criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess commited by a police authority in relation to its functions and duties.
* CIVIL JUDGE 1ST CLASS:
1. To try all civil suits, there is no pecuniary limit on its jurisdiction;
2. In certain jurisdictions also designated as Rent Controller;
3. In certain jurisdictions also designated as Judge, Family Court;
* CIVIL JUDGE 2ND CLASS:
1. To try civil suit up to the value of Rs. 50,00,00/- ( Rs. 5- Million) ; and
2. In certain jurisdictions designated as Rent Controller/Judge, Family Court.
* CIVIL JUDGE 3RD CLASS:
To try civil suit up to the value of Rs. 10,00,000/- ( Rs. 1-Million)
* Judicial MAGISTRATE 1ST CLASS:
1-To try offences punishable up to 3 years imprisonment and forty-five thousand rupees fine.
2- As Mobile Court under S. 12 Cr.P.C
3- As Judicial Magistrate under S 14 Cr.P.C As Area Magistrate to handle
i- Remands ,(Physical. Judicial. Transit)
ii- Discharge Reports etc
* MAGISTRATE 2ND CLASS:
To try offences punishable up to 1 year.
* MAGISTRATE 3RD CLASS:
Fifteen thousand rupees fine
**Judicial Magistrate empowered under S.30 of Cr.P.C._
___To try All offences not punishable with death.
But can't pass a sentence of death or imprisonment exceeding 7 years.
