INTRODUCTION The roots of the current judicial system of Pakistan stretch back to the medieval period and even

before. The judicial system that we practise today has evolved over a long period of time, spanning roughly over a whole millennium. The system has passed through several epochs covering the Hindu era, Muslim period including the Mughal dynasty, British colonial period and post-independence period. 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. All in all, the system experienced and passed through 3 distinct stages of historical development, namely, Hindu Kingdom, Muslim-rule and British colonial domination. The 4th and current era, commenced with the partition of India and the establishment of Pakistan as a sovereign and independent State. The system, thus, has evolved through a process of reform and development. This conclusion enjoys near unanimity among historians and commentators of Indian legal history. During this process of evolution and growth, the judicial system did receive influences and inspirations from foreign doctrines/notions and indigenous norms/practices, both in terms of organising courts’ structure and hierarchy, and following procedures/practices in reaching decisions. Therefore, the present judicial system is not an entirely foreign transplant, as is commonly alleged, but has acquired an indigenous flavour and national colour. 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. 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. Superior Judiciary The Constitution of Pakistan deals with the superior judiciary in a fairly comprehensive manner and contains elaborate provisions on the composition,

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. The Constitution also provides for the office of Ombudsman. Judiciary Supreme Court (1) Supreme Court The Supreme Court is at the apex of the judicial systems of Pakistan. 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. The Constitution also provides for the grounds as well as forum and procedure for the removal of judges of the superior courts. powers and functions of these courts. protect and defend” the Constitution. As per practice. may recommend the removal of a Judge on the ground of misconduct or physical or mental incapacity. usually the most Senior Judge of the Supreme Court is appointed as the Chief Justice. A Judge holds office until attaining the age of 65 years. unless he resigns earlier or is removed from office. and other courts exercising civil and criminal jurisdiction.[18 ] The Supreme Judicial Council. in accordance with the Constitution. [16] etc are also laid down in the Constitution. salary. independence and impartiality of the superior judiciary.jurisdiction. There is a Supreme Court in Pakistan and a High Court in each province. which are justiciable. The remuneration of judges and other administrative expenditures of the Supreme Court and High Courts are charged on the Federal/Provincial Consolidated Fund. pension. The Constitution provides for the “separation of judiciary from the executive” and the “independence of judiciary”.[13] It entrusts the superior courts with an obligation to “preserve. The recommendation of Chief Justice is binding on the President and is entitled to be accepted except for reasons to be recorded by President. No Judge may be removed from office except on the .[14] The qualifications of Judges. 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.[17] which means it may be discussed but cannot be voted upon in the legislature. consisting of the senior judges of the Supreme Court and High Courts. the Constitution ensures the freedom.The Supreme Court of Pakistan consists of Chief Justice and not more than 16 other Judges appointed by the President. their mode of appointment. [15] service conditions. Thus. on its own or on a reference made by the President.

the Federal Shariat Court and the Services Appellate Tribunals.It. to be determined by the Supreme Judicial Council The Supreme Court exercises original.The Supreme Court has jurisdiction to hear and determine appeals from judgements. In exercise of its advisory jurisdiction.. Under this jurisdiction. the Court furnishes its opinion on a question of law of public importance referred to it by the President for consideration. the Court pronounces declaratory judgments. Advisory Jurisdiction. General The practice and procedure of the Court is regulated by the rules made by the Court. The Supreme Court. physical or mental incapacity. 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. appeal or other proceedings pending before any High Court to any other High Court. All executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court. he may refer the question to the Supreme Court for consideration. as the head of the institution. the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance. if the case involves a question of public importance. Transfer of Cases The Supreme Court may. appellate and advisory jurisdiction. The Supreme Court considers the question so referred and reports its opinion on the question to the President. but it also runs circuits at Lahore. namely. Under its appellate jurisdiction. or misconduct. the Court is invested with authority to make its rules of practice and procedure.final orders or sentences passed by a High Court. if it considers expedient to do so in the interest of justice. with respect to the enforcement of fundamental rights. The Supreme Court can also exercise original jurisdiction. the Chief Justice. Any decision of the Supreme Court to the extent it decides a question of law or is based upon or enunciates a principle of . at any time. Karachi. It possesses exclusive original jurisdiction for settlement of intergovernmental (federal/provincial) disputes. Seat of the Supreme Court The permanent seat of the Supreme Court is at Islamabad. Under the rules.grounds specified by the Constitution. with reference to the enforcement of any of the Fundamental Rights ensured by the Constitution of Pakistan is involved. the Court entertains appeals against orders and decisions of High Courts and other special tribunals and courts. Under the Constitution..Peshawar and Quetta. decrees. if it considers that a question of public importance. it has the power to make any appropriate order for the enforcement of fundamental rights. transfer any case. Appellate Jurisdiction. nominates Judges for hearing of cases and exercising other administrative powers and functions.

A High Court consists of a Chief Justice and so many ohter Judges as may be determined by law or as may be fixed by the President. 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 Islamabad Capital Territory falls within the jurisdiction of the Lahore High Court of the Punjab. served as or exercised the functions of a District Judge in Pakistan. The principal seat of the Lahore High Court is at Lahore and it has three Benches at Bahawalpur. Each High Court may have more Benches at other places as the Governor on the advice of the Cabinet and in consultation with the Chief Justice of the High Court may determine.law is binding on all courts in Pakistan. The FSC. The principal seat of High Court of Balochistan is at Quetta with a Bench at Sibi. Multan and Rawalpindi. The principal seat of the High Court of Sindh is at Karachi with a Bench at Hyderabad and Sukkur. on its own motion or through petition by a citizen or a government (federal or provincial). If a certain provision of law . 3 are required to beU lema who are well versed in Islamic law. A Judge of a High Court holds office until he attains the age of sixty-two years. Of the 8 judges. Justice Agha Rafiq A. The principal set of Peshawar High Court is at Peshawar and it has two Benches at abbottabad and Dera Ismail Khan. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court. consisting of 3 muslim judges of the Supreme Court and 2 Ulema. unless he sooner resigns or is removed from office in accordance with the Constitution. The judges hold office for a period of 3 years. appointed by the President. which may eventually be extended by the President. the Governor of the Province and the Chief Justice of the High Court in which appointment is to be made. has the power to examine and determine as to whether or not a certain provision of law is repugnant to the injunctions ofIs lam. NO person is appointed as a Judge of the High Court unless he is a citizen of Pakistan having forty years of age and has been an advocate of the High Court or has held a ljudicial office for ten years and has for a klperiod of not less lthan three years. Jurisdiction (3) Federal Shariat Court The Federal Shariat Court of Pakistan consists of 8mus lim judges including the Chief Justice. The Supreme Court has the power to review any judgement pronounced by it or any order made by it. (2) High Courts There is a High Court in each of the four provinces. Appointment of High court Judges A Judge of the High Court is appointed by the President after consultation with the Chief Justice of Pakistan. Khan is the Chief Justice of FSC.

powers and functions are specified in the statutes creating them. is taken exception to. expanded and enlarged the scope and contents of individual’s rights were commended. it is not immune to pressures and influences from the Executive. created under special laws and enactments. others that tend to restrict the rights of women. civil courts.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. criminal courts. The composition of the court. justice and fair play. one. created under the Criminal Procedure Code 1898. and it is alleged. Their jurisdiction. this court was used as a refuge for the recalcitrant judges. Created as an islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment. are severely criticised and deplored. particularly the ones which relying on the Islamic concept of equity. there also exist other courts and tribunals of civil and criminal nature. That is to say. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The decisions and judgments of such special courts are assailable . In addition. The court appoints its own staff and frames its own rules of procedure. The court also exercises revisional jurisdiction over the criminal courts. In brief there is a need for a serious discussion on the status. In the past. decidingH udood cases. established under the West Pakistan Civil Court Ordinance 1962 and two. its opponents question the very rationale and utility of this institution. utility and functions of this Court. Ever since its establishment in 1980. And whereas some of its judgments. (4) Subordinate Judiciary The subordinate judiciary may be broadly divided into two classes. that this court does not fully meet the criterion prescribed for the independence of the judiciary. The decisions of the court are binding on the High Courts as well as subordinate judiciary. particularly the mode of appointment of its judges and the insecurity of their tenure. the Federal Shariat Court has been the subject of criticism and controversy in the society.

The Court of a Sessions Judge is competent to pass any sentence authorised by law. The civil courts may be classified as follows: (i) Civil & Criminal Courts In every district of a Province. Appeals against the judgements 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. Courts of General Jurisdiction Besides the Court of District Judge. Law prescribes their powers and functions. The Revenue Courts may be classified as the Board of Revenue. In every district. there are courts of Civil Judges. withdraw any case from any Civil Judge and try it himself. Offences not punishable with death are tried by Magistrates. the District Judge may. there is a Court of Sessions Judge and Courts of Magistrates. 11nd Class and 111rd Class. An appeal against the sentence passed by a Sessions Judge lies to the High Court and against the sentence passed by a Magistrate to the Sessions Judge if the term of sentice is upto four years. (iii) Special Courts To deal with specific types of cases Special Courts and Tribunals are constituted. Special Courts for Recovery of Bank Loans. Criminal cases punishable with death and cases arising out of the enforcement of laws relating to Hudood are tried by Sessions Judges. there is a Court of District Judge which is the principal court of original jurisdiction in civil matters. the Collector. operating under the West Pakistan Land Revenue Act 1967.before the superior judiciary (High Court and/or Supreme Court) through revision or appeal. The provincial government that exercises administration control over them appoints such officers. Among the Magistrates there are Magistrates of 1st Class. Special Courts for Trial of Offences in Banks. . otherwise to the High Court. Civil Judges function under the superintendence and control of District Judge and all matters of civil nature originate in the courts of Judges. These are. the Assistant Collector of the First Grade and Second Grade. there exist revenue courts. however. (ii) Revenue Courts Besides the civil courts. the commissioner.

In the 18th century when king Charles XII of Sweden was in exile in Turkey. Gradually. Ombudsman. 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. 1898.Special courts under the Customs Act. Commercial Courts. other developed western countries also adopted this institution. 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. except in case of Labour Courts and Special Traffic Courts. the establishment of the institution of Ombudsman was advocated on several occasions. Drug Courts. Subsequently. the Constitution of . which provided for the appointment of a Federal Ombudsman as well as Provincial Ombudsmen for the first time.e. in 1809 King Gustary set up this institution under its Swedish name i. which have separate forums of appeal. Income Tax Appellate Tribunal and Services Tribunals. The number of High court Judges. Later. Thus a great institution emerged and spread across the globe. it was there that the observed the working and efficacy of this institution in the Ottomon Caliphate. Courts of Special Juges AntiCorruption. It was Article 276 of the Interim constitution of 1972. Insurance Appellate Tribunal. The Code of Criminal Procedure. The Prophet of Islam(peace be upon him) introduced the system of `Hisab' or accountability.25. 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. Court fee in civil cases upto the value of Rs. Appeals from the Special Courts lie to the High Courts. Additional Sessions Judges. He as well as his companions presented their public and private life and conduct for acountability. Civil Judges and Magistrates has been increased. Labour Courts. Establishment in Pakistan In Pakistan. has been amended to grant automatic concession of release on bail to the under-trial prisoners. The Tribunals lie to the Supreme Court of Pakistan. Special Traffic Courts. the King established a smiliar institution in Sweden. (iv) WAFAQI MOHTASIB (OMBUDSMAN) The Concept Mohtasib (Ombudsman) is an ancient Islamic concept and many Islamic States had established the office of Mohtasib to ensure that no wrong or injustice was done to the citizens. On regaining his throne. No fee is payable in criminal cases and for filing any petition before the Federal Shariat Court.000 has been abolished.

recommendation. to dispose of the cases within a specified time. at his request. The primary objective of the office is to institutionalise a system for enforcing administrative accountability. encompassing every conceivable form of administrative practice. Anonymous or pseudonymous complaints also cannot be entertained by him under the law. commission. his office is non-partisan and non-political. Navy and Air Force. who is appointed by the President of Pakistan. Department. in his discretion may direct the Agency to implement the recommendations. Temure The Wafaqi Mohtasib. ask the Agency concerned to consider the matter further. Powers . Not included in this term are the Supreme Court. however. after investigating the matter. redress and rectify any injustice done to a person through maladministration on the part of a Federal Agency or a Federal Government official. an act of omission or commission. or connected with the Defence of Pakistan or with the laws governing the Army. inattention. The term "Agency" has been defined as a Ministry. biased. the Federal Shariat Court or a High Court. (b) is perverse. for corrupt or improper motives. It includes a decision. or Office of the Federal Government. or refusal to do so. relate to the foreign affairs of Pakistan. The Mohtasib is empowered to award compensation to an aggrieved person for any loss or damage .oppressive or discriminatory or is based on irrelevant grounds: or (c) involves the exercise of powers. or any other institution established or controlled by the Federal Government. which: (a) is contrary to law. process. 1983. to cover a very wide spectrum. can be determined by the Supreme Judicial Council. who.unjust. the Supreme Judicial Council. He is assured of security of tenure and cannot be removed from office except on ground of misconduct or of physical or mental incapacity. or the failure. It also includes neglect. incompetence. Even these facts. or for reappointment under any circumstances. or to take any other specified steps. he can. 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.If the Mohtasib finds an element of maladministration in a matter. Currently. inefficiency. to take disciplinary action against any public servant.1973 included the Federal Ombudsman at item 13 of the Federal Legislative List in the Fourth Schedule. or are concerned with the personal grievance or service matters of a public servant or functionary. Jurisdiction The chief purpose of the Wafaqi Mohtasib is to diagnose. The Institution of Ombudsman was. holds office for a period of four years. delay. or to improve the working of the Agency. the number of Agencies falling within the Ombudsman's functional ambit is 300. Division. or in the discharge of duties and responsibilities. The Mohtasib's jurisdiction is excluded from matters which are subjudice in courts. to modify or cancel its decision. ineptitude in the administration. The term "maladministration" has been defined in the law governing the office of Mohtasib. He is not eligible for any extention of tenure. actually lbrought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order. Further. investigate. rules or regulations or is a departure from established practice or procedure. arbitrary or unreasonable. or a Statutory corporation.

seven in- . Achievements Apart from the pains taken to investigate and redress complaints.19. 20. 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. Performance Since the inception of this office on 8th August. 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. and only he can pass the final orders on it after investigation. may upset the decision or have it amended in the manner he sees fit. In any case. During this period 1. Only the Mohtasib can dismiss or reject a complaint. the Ombudsman's Secretariat makes it a apoint to acknowledge each and every complaint.684 complaints were thoroughly investigated and 71 per cent were found to be genuine. no court can question that discretion except the Ombudsman who. even in limine. 1993 the number of complaints dealt with were 4. But if the complaint is found to be false. is to initiate studies and research regarding maladministration in Agencies having extensive dealing with the public. after scrutiny. 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. there is an urgent need for establishing the office of Provincial Mohtasib in all the provinces without any further delay. i. the highest number of complaints.suffered by that person on account of maladministration. if he is satisfied that the discretion has not been exercised judiciously. 1983 upto 31st December.e. Out of these 66 per cent were the matters relating to Federal Agencies and remaining 34 per cent were the provincial matters and they were not in purview of the Ombudsman.01. During the year 1993.897. Similarly. Justice An important aspect of the Office of Mohtasib. 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. or frivolous.578 complaints. in addition to dealing with individual complaints. where the law or rules empower an authority to exercise his discretion in deciding matter. were admitted for investigation and 79 per cent of them were disposed off resulting in relief to the aggrieved. and to inform those members of the public whose complaints cannot be legally entertained. so that systems and procedures can be improved for the benefit of the people dealing with these Agencies. He has also powers identical to that of the Supreme Court of Pakistan to punish any person for contempt. This gives him extensive leverage to do good and to undo injustice and arbitrariness arising out of orders lawfully made. So far.934 out of 44. he can also award compensation to the Agency or the functionary against whom the complaint was made. 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. The Provincial Government of Sindh and the Government of Azad Jammu and Kashmir have already established the institution of Mohtasib within their jurisdiction.

testifies the success story of the institution and the increasing confidence reposed in it. which have gone a long way in reducing red-tapism and misuse of discretionary powers by the bureaucracy. The public servant has become more cautious while exercising his powers. For the provinces of Punjab. recruitment is made through a competitive examination consisting of a written test and viva voce. thereby helping to bridge the yawning gap which had earlier characterised the relationship between the administrator and the citizen. NWFP and Balochistan.depth studies have been conducted in Departments/Corporations of vital concern to the general public. The Mohtasib`s institution has emerged as a poor man`s court and an effective check on the excesses of the bureaucracy. The issues of recruitment.[53] T he administration of justice.[52] They are supervised and controlled by the respective High Court. while in numberous cases procedures and processes have be got simplified to obviate complaints form the public. Organisation of Subordinate Judiciary The subordinate courts (civil and criminal) have been established and their jurisdiction defined by law. he can go to the Mohtasib with his problem and get relief. however. is a provincial subject and thus the subordinate courts are organised and the terms and conditions of service of judicial officers determined under the provincial laws and rules. however. He knows that there is an authority who can question him about his acts of omission and commission. it has helped improve administrative processes and procedures in line with modern days requirements. Since its establishment. etc are dealt with under the provincial civil servants acts and the rules framed thereunder. Until recently. promotions and other terms and conditions of service together with disciplinary proceedings. the appointing authority for judicial officers happened to be the provincial government but with the separation of the judiciary from the executive. the most significant impact of this institution is that it has revived the concept of administrative accountability in Pakistan. As a democratic instrument of Federal Government. Initial recruitment as Civil Judge-cum-Judicial Magistrate is made through the Provincial Public Service Commission with the active involvement of the High Court. It has made the bureaucracy responsive to popular aspirations. while the citizen has the assurance that if an agency or an officer continues to be obdurate and inaccessible. such authority has been transferred to the High Court. In Sindh. which is both an Islamic tenet and a democratic obligation. such recruitment is made by the High Court itself through a written test . The all out support extended to the insititution by the press and the general public and the decision in principle to extend the scope of accountability at the provincial level.

Such supervision and control is both administrative as well as judicial. disciplinary proceedings may be initiated against a judicial officer by the High Court. Appointment as District & Sessions Judge is by promotion on the basis of seniority-cum-fitness from among the serving judicial officers After appointment. There is. court management. quota is fixed for service personnel as well as induction from the Bar. In the administrative sphere. A Committee of the judges of the High Court. the rules are silent on how a judicial officer ought to conduct himself in and outside the court. the rules do contain certain gaps and anomalies. the Chief Justice of the High Court or any other judge deputed by the Chief Justice also carries out regular as well as surprise inspections. Disciplinary proceedings against judicial officers are apparently initiated and action taken under the (provincial) Government Servants (Efficiency and Discipline) Rules. Judicial control is also exercised through revision and appeals being filed in the High Court against the orders/decisions of the subordinate courts. Consequently. decides the issue of promotion of judges.followed by viva voce and the names of selected candidates are recommended to the Provincial Government for appointment. etc. therefore. a need for preparing a separate code of conduct for the . The Member Inspection Team (MIT) mostly deals with the issue. however. They also receive specialised training at the Federal Judicial Academy and in the respective provincial academies. Such rules were primarily designed for the executive officers whose duties and functions are different from judicial officers. the civil judges are usually attached for a few weeks to the Court of Senior Civil Judge/District & Sessions Judge to get practical training. In particular. in their application to judicial officers. For appointment as Additional District & Sessions Judge. The Chief Justice is competent to initiate disciplinary action against a judge and take appropriate action in the matter. Such training is comprised of education in various substantive laws. The High Court carries out its supervisory functions through inspections and calling of record from the courts. As mentioned earlier the High Courts exercise supervision and control over the functioning of the subordinate judiciary. case processing and judicial procedure.

There exists a Provincial Judicial Service Tribunal for deciding appeals against the final orders of departmental authority. the judiciary suffered due to under-staffing (both judicial and ministerial). In the Province of Sindh. covering their private and public life and in particular. in the Province of the Punjab. in actual practice the number of cases and units is far in excess of this prescribed limit. in NWFP. As a result. As against the recommendations of several commissions and committees that the number of cases pending with a civil judge should not be more than 500 and the number of units pending with a District & Sessions Judge should not be more than 450 at a time. The Province of Sindh perhaps presents the worst scenario. Keeping in view the problems of dilapidated court buildings and shortage of staff. adversely .546. On 1st January 2007. The subordinate judiciary in almost all the provinces operates under some constraints. but the other provinces particularly Punjab and NWFP also have huge arrears. The judges of the respective High Court man such tribunals.000 whereas in Balochistan. There exists shortage of judicial officers. the number of cases pending was 110. so far has been regarded merely as a welfare service to the community rather than a social responsibility. Unfortunately the administration of justice. mechanism exists for resolving it. lack of courtrooms. etc. it was 8377. their conduct in the court so as to maintain propriety and decorum in the court and enhance public confidence in the administration of justice. The strength of subordinate judiciary has not kept pace with the rise in litigation due to which huge arrears of cases are piling up and there are enormous delays in deciding cases. There is a backlog of civil and criminal cases at the level of subordinate judiciary in all provinces. their supporting staff and equipment. Obviously these and other problems had to be addressed and resolved if the administration of justice is to improve and become efficient. the figure was 37. residential accommodation and library material. equipment. As regards the grievance of the judicial officers with regard to the terms and conditions of service.663.members of the subordinate judiciary. This phenomenon is caused partly because of the inadequate budgetary allocation towards the judiciary. the number of pending cases was 123.

affecting the functioning of courts. 11. Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution. 6. issues declaratory judgments. Accordingly. Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court. . Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees. e. 5. Under the Programme. a sound and effective judicial system is a sine qua non for keeping peace in the society and maintaining growth and development. Art 185(2) Appeal from judgment/order of High Court in criminal cases. Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order. 184(3) Enforcement of Fundamental Rights involving an issue of public importance. and 12. funding is made available to judiciary and other institutions concerning the administration of justice. Court Jurisdiction SUPREME COURT 1. the Government of Pakistan launched the Access to Justice Programme.g. Art 187 To issue directions/orders for doing complete justice in a pending case/matter. 3. Necessary equipment is also being provided. department of police. the strength of judges in subordinate courts is being increased and new court buildings constructed. Needless to say. prosecution and investigation. 184(1) Original jurisdiction in inter-governmental disputes. Art 204 To punish for its contempt. 7. tried in original and/or appellate capacity and having imposed death penalty or life imprisonment. 10. 2. etc. 4. Art 188 To review any of its own judgment/order. Art 212 Appeal from Administrative courts/tribunals. Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President. 9. 8. It has brought about an overall improvement in the functioning of judiciary.

Appeals against judgment/decree/order of tribunals under special laws. 6.100 of CPC.C. Appeals under S. To decide reference under S. 13. Power of review under S. Inter-Court appeal at Lahore High Court and High Court of Sindh.491 of Cr.115 of CPC. HIGH COURT 1. Art 203 E To punish for its contempt. 2. Art 203 E To review its judgment/order. 9. Art 203: To supervise/control subordinate courts. Under Hudood laws.FEDERAL SHARIAT COURT 1. {High Court of Sindh has original jurisdiction in civil cases of the value of above 3 million}. 12. 3.96 of CPC.C. hears appeals from judgment/order of criminal courts. 3. Art 199(2) Enforcement of Fundamental Rights.410 of Cr. Art 203-D To determine whether a provision of law is repugnant to the Injunctions of Islam. Art 204: To punish for its contempt.P. 4. 10.417 of CPC.100 of CPC. 7. 8. To issue directions of the nature of habeas corpus under S. Appeal against judgment/decree of a Civil Judge under S. and 5. 4. prohibition. habeas corpus. DISTT. & SESSIONS JUDGE/ADDL.P. 2. . 2. Art 203 DD Revisional Jurisdiction in cases under Hudood laws. Appeals against acquittal under S. 11. Power of revision under S. certiorari and quo warranto. To hear appeal under S.114 of CPC. & SESSIONS JUDGE 1. certiorari. Art 199(1) to issue 5 writs namely mandamus. 5. DISTT.

115 of CPC. To try civil suit up to the value of fifty thousand rupees. 7. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. Original jurisdiction in suits upon bills of exchange. To issue directions of the nature of habeas corpus under S. MAGISTRATE 3 RD CLASS To try offences punishable up to 1 month and one thousand rupees fine. 3. there is no pecuniary limit on its jurisdiction. Family Court. and 5. A) JIRGA: A jirga (occasionally jirgah) (Pashto: ‫ه رج‬ ‫ ) ګګګګګګګګګګ‬is a tribal assembly of elders which takes decisions .423 of Cr.P. hundies or promissory notes under Order XXXVII of CPC. Power of revision under S. PC. and 10. Decides pre-arrest bail applications under S 498 of the Cr.491 of Cr. Criminal trial under Hudood laws. Power of revision under S.C.104 of CPC. 6.Appeal against order under S.265 A of the Cr.C.P. 3. In certain jurisdictions designated as Magistrate empowered under S.435 of Cr.C. To try all civil suits. and 2.P. Family Court. At Karachi. Appeals under S. MAGISTRATE 2 ND CLASS To try offences punishable up to 1 year and five thousand rupees fine. Murder trial under S. 4. CIVIL JUDGE 2 ND CLASS 1.C. 5. 2.P. In certain jurisdictions also designated as Judge.C. pecuniary jurisdiction limited to rupees 3 million (Karachi Courts Order 1956). 8. the original jurisdiction of Distt Judge is limited to Rupees 3 million) CIVIL JUDGE 1ST CLASS 1. 4.30 of Cr. (In Karachi District. In certain jurisdictions designated as Rent Controller/Judge. In certain jurisdictions also designated as Rent Controller. CIVIL JUDGE 3 RD CLASS To try civil suit up to the value of twenty thousand rupees. 9.P.

but this usage is being replaced by formal courts in some settled areas of Pakistan and Afghanistan. The mediator hears from the two sides. appointed by the national government.I ndia. which the mediator then announces. they are most common inAf ghani st an and among the Pashtun inPaki st an near its border with Afghanistan and are even held by Pashtuns in Kashmir valley. The disputants would usually begin by finding a mediator. The jirga holds the prestige of a court in the tribal areas of Pakistan. The jirga was also used as acour t in cases of criminal conduct. The Sindh High Court imposed a ban on the holding of jirgas in April 2004 because of the sometimes inhumane sentences awarded to people. The political agent maintains law and order in his tribal region with the help of jirgas. a local notable. The jirga can award capital punishment. The jirga's conclusion in the matter has to be accepted. But the ban has been blatantly ignored and nothing has been done about it so far. Functioning The community council meaning is often found in circumstances involving a dispute between two individuals. particularly among thePasht un but also in other ethnic groups near them. jirgas played a key role of moderator between the government and the militants . and then forms a jirga of community elders. The jirga then considers the case. Although a Political Agent. the actual power lies in the jirga. especially the women. or one of the mediation specialists (known askhans or maliks). maintains law and order through Frontier Crimes Regulation (FCR). taking care to include supporters of both sides.s t oni ng to death in case of adultery. a jirga may be part of the dispute resolution mechanism in such cases. and after discussing the matter comes to a decision about how to handle the matter. choosing someone of stature such as a senior religious leader. or expulsion from the community.by consensus. elsewhere it is still used as courts in tribal regions. In the recent military operation against al Qaeda andTal i ban in Pakistan's restive southern tribal agencies bordering Afghanistan.

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