The Legal System: Administration of

Justice and The Judicial System of

Pakistan
Business Law
Lecture 3 & 4
Dr. Azhar Hassan Nadeem
 Pakistani Legal System
• Pakistan has inherited the well established legal system of British.
After the partition in 14 August 1947 the country has developed its
own legal frame work but the basis and the fundamentals of the system
is the same which were inherited by the Pakistan.

• Broadly speaking the constitution which is the main source of the law
is also based upon the principles of British un written constitution,
Democratic value and parliamentary system of government as the
paramount importance in it.
 Pakistani Legal System
• But after adding a new article in the constitution of Islamic republic of
Pakistan all the Laws enforced in the country are to be made
inconformity with the Islamic Injunctions’ based upon the HOLY
QURAN and SUNNA.

• No law contrary to the injunctions’ of the Quran or Sunna can sustain

in the legal structure of Pakistan. The superior judiciary has the legal
power to strike down the whole law or its clauses which are repugnant
to Islamic values and injunctions of Quran.
 Pakistani Legal System
• More over the no legislation can be done by the legislative organ of
the state which is otherwise repugnant to Islamic value or to the
injunction of Quran. Present legal system has undergone and exercises
through the Federal Shariat Courts, as a result of this exercise now the
legal structure although basically it remains on the foundation of the
British legal system yet its characteristics are Islamic based upon the
Golden Principle of Islam
 Pakistani Legal System
Tolerance
Equality before the law
Equal protection of the law
Equal opportunity to ordinate the
way of life in accordance with his
faith
Elimination of discrimination
Freedom of speech
Freedom of movement
Freedom of profession
To promote Islamic way of
life in all spheres.
Rights of property .
 COURT SYSTEM OF PAKISTAN

Court system of Pakistan is made up of many courts differing in levels of legal

superiority and separated by jurisdiction. Some of the courts are federal in
nature while others are provincial.
 Structure of courts in Pakistan
Supreme
Federal Court of
Shariat Pakistan
High Court of
District & Courts Pakistan
Civil Judge Sessions
Cum Judicial Courts
Special Magistrates'
Tribunals Courts
Family and Boards
Juvenile Courts
Courts
 Supreme Court of Pakistan
• The Supreme Court is the apex court in Pakistan's judicial hierarchy,
the final arbiter of legal and constitutional disputes. The Supreme
Court is made up of 17 permanent judges, and has a permanent seat in
Islamabad. Cases are also heard in its Branch Registries in the
provincial capitals of Lahore, Peshawer, Quetta and Karachi. It has a
number of de jure powers which are outlined in the Constitution,
including appellate and constitutional jurisdiction, and suo moto
power to try Human Rights matters. Through several periods of
military rule and constitutional suspensions, the court has also
established itself as a de facto check on military power. The Supreme
Court Judges are supervised by the Supreme Judicial Council, which
may hear complaints brought against any of them.
Federal Shariat Court of Pakistan
• The Federal Shariat Court of Pakistan was established by presidential
order in 1980 with the intent to scrutinised all laws in the country that
are against Islamic values. This court has a remit to examine any law
that may be repugnant to the "injunctions of Islam, as laid down in the
Holy Quran and the Sunnah. " If a law is found to be 'repugnant', the
Court is to provide notice to the level of government concerned
specifying the reasons for its decision. The court also has jurisdiction
to examine any decisions of any criminal court relating to the
application of Islamic (hudud) penalties.
Federal Shariat Court of Pakistan
• The Supreme Court also has a Shariat Appellate Bench empowered to
review the decisions of the Federal Shariat Court. The Federal Shariat
Court of Pakistan consists of 8 Muslim judges including the Chief
Justice. These Judges are appointed by the President of Pakistan, after
decision is made by the Judicial Committee consisting the Chief
Justice of Pakistan (Federal Shariat Court) and the Chief Justice of
Pakistan .
Federal Shariat Court of Pakistan
• They choose 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. Of the 8 judges, 3 are
required to be Islamic Scholars/Ulema who are well versed in Islamic
Law. The judges hold office for a period of 3 years, which may
eventually be extended by the President.
Federal Shariat Court of Pakistan
• 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. 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, appointed by the President.
Federal Shariat Court of Pakistan

• 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.
Federal Shariat Court of Pakistan

• The court also exercises revisional jurisdiction over the criminal

courts, deciding Hudood cases. The decisions of the court are binding
on the High Courts as well as subordinate judiciary. The court appoints
its own staff and frames its own rules of procedure.
 High Courts
• There is one High Court in each Province, and one in the federal
capital, Islamabad, including:
Peshawar High
Lahore High Court, Sindh High Court, Court, Peshawar,
Lahore, Punjab Karachi, Sindh Khyber
Pakhtunkhwa

Balochistan High Islamabad High

Court, Quetta, Court, Islamabad,
Baluchistan ICT
 High Courts
• The High Courts are the appellate courts for all civil and criminal
cases in each respective province. The High Courts' general authority
is laid out in the Constitution of Pakistan, 1956, Article 170, which
reads:
• "Notwithstanding anything contained in Article 22, each High Court shall have
power throughout the territories in relation to which it exercise jurisdiction,
to issue to any person or authority, including in appropriate cases any
Government directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the
enforcement of any of the rights conferred by Part II and for any other
purpose.”
 District & Sessions Courts
• District courts exist in every district of each province, and have civil
and criminal jurisdiction. In each District Headquarters, there are
numerous Additional District & Session Judges who usually preside
the courts. District & Sessions Judge has executive and judicial power
all over the district under his jurisdiction. The Sessions court is also a
trial court for heinous offences such as Murder, Rape (Zina), Haraba
offences (armed robbery where specific amount of gold and cash is
involved), and is also appellate court for summary conviction offences
and civil suits of lesser value.
 District & Sessions Courts
• Each Town and city now has a court of Additional District & Sessions
judge, which possess the equal authority over, under its jurisdiction.
When hearing criminal cases, it is called the Sessions Court, and when
it hears civil cases, the District Court.
 District & Sessions Courts
• Executive matters are brought before the relevant District & Sessions
Judge.

• The High Court of each province has appellate jurisdiction over the
lower courts.
• The Supreme Court has exclusive jurisdiction over disputes
between and among provincial governments, and appellate
jurisdiction over High Court decisions.+
 District & Sessions Courts
• Daily proceedings in the Court of the Additional District & Sessions
Judge
• Court usually starts early in the morning (at 08:00), with the hearing of
pre-arrest bail applications, followed by post-arrest bail applications
and civil appeals from the orders of the Judicial Magistrates' Courts
and civil Judges. Decisions are usually announced later in the day,
once the Judge has had time to peruse the case files after the hearings.
The rest of the day is allocated for the recording of the Evidence in
sessions cases such as in offences murder, rape and robbery etc.
 District & Sessions Courts
• Cases are usually allotted by administrative orders of District
and Sessions Judges. The Court of the District & Sessions
Judge usually hears administrative applications against lower
courts orders.
Civil Judge Cum Judicial Magistrates'
Courts
• In every town and city, there are numerous Civil and Judicial
Magistrates' Courts. A Magistrate with the powers of section
30 of Criminal Procedure Code (Cr.P.C.) has the jurisdiction
to hear all criminal matters other than those which carry the
death penalty (such as attempted murder, dacoity, robbery,
extortion, etc.), but may only pass a sentence of up to seven
years' imprisonment. If the court thinks accused deserves
more punishment than seven years in jail, then it has to refer
the matter to a higher court, with its recommendations to that
effect.
 Civil Judge Cum Judicial Magistrates'
Courts
• Every Magistrates' Court is allocated a local jurisdiction,
usually encompassing one or more Police Stations in the area.
Trial of all non bailable offences, including police remand
notices, accused discharges, arrest and search warrants, and
bail applications, are heard and decided by Magistrate Courts.
Most Judicial Magistrates may hear civil suits as well. If they
do so, they are usually called a Civil Judge Cum Judicial
Magistrate.
 Special Tribunals and Boards
• There are numerous special tribunals such as;
• Banking Courts
• Services Tribunals
• Income Tax Tribunals
• Anti Corruption Courts
• Anti Narcotics Courts
• Anti terrorist Courts
• Labour Relations Court
• Board of Revenue.
• Special Magistrate courts
• Consumer Courts
• Almost all judges of above mentioned courts and tribunals except last two, are of
District & sessions Judges or of having same qualifications.
 Family Courts
• The West Pakistan Family Courts Act 1964 governs the
jurisdiction of Family Courts. These courts have exclusive
jurisdiction over matters relating to personal status. Appeals
from the Family Courts lie with the High Court only.Every
town and city has court of family judge.In some areas, where
it is only Family Court but in most areas Civil Judge Courts
have been granted the powers of Family Court Judges.
 Juvenile Courts
• Judicial Magistrates have also been empowered
to hear the cases under Juvenile Act.
Appointments of Judges
 Supreme Court of Pakistan
• Prior to 18th Constitutional Amendments, appointments to the
Supreme Court of Pakistan were made by the President of
Pakistan, on the recommendation of the Chief Justice of the
Supreme Court. This system bred many allegations of
favouritism. Many judges who were appointed were relatives of
other Judges or Government officials. However, following the
Supreme Court's judgement in the Al-Jehad Trust case, the
government's role in judicial appointments was curtailed. Under
the terms of this judgement, the Government and the President's
office were bound to act on the recommendations of the Chief
Justice of Pakistan.
 Supreme Court of Pakistan
• After the 18th Constitutional Amendment in May 2010, a new
Judicial Commission and Parliamentary committee is established
for appointments. The Judicial Commission consists of the Chief
Justice of Pakistan,four senior judges of the Supreme Court, the
Attorney General of Pakistan, and the Federal Justice Minister of
Pakistan,one member from Pakistan Bar Council. A
Parliamentary Committee oversees the recommendations of the
Judicial Commission. At the Commission's first meeting, the
Chief Justice and the Registrar of the Supreme Court of Pakistan
are appointed Chairman and Secretary of the Judicial
Commission, respectively.
 High Courts
• 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. Future appointments will be made in the same manner
as those to the Supreme Court.
 District & Sessions Judges
• Additional District & Sessions Judges are appointed by the
Provincial High Courts, from a pool of Lawyers and
subordinate judges. To be eligible for appointment, Lawyers
must have ten years' experience as an advocate with good
standing in the respective jurisdiction. They must also pass an
examination conducted by the High Courts. Subordinate
judges are promoted from senior civil judges on a seniority
basis.
 Civil Judge Cum Judicial Magistrate
• Civil Judge Cum Judicial Magistrates are also appointed by
the Provincial High Courts, on the recommendation of
provincial Public Service Commissions. These Commissions
hold open competitive exams annually, which are advertised
in national newspapers. The basic qualifications required are
an LL.B from any recognised university, and three years'
experience as an advocate in the jurisdiction in question.