Court system of Pakistan
Encyclopedia
Court system of Pakistan
is made up of many court
s differing in levels of legal superiority and separated by jurisdiction
. Some of the courts are federal
in nature while others are provincial.
(Urdu
: عدالت عظمیٰ) 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.
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 "[i]njunctions 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. 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 . 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. Presently Justice Agha Rafiq Ahmed Khan
is the Chief Justice of FSC.
Of the 8 judges, 3 are required to be Islamic Scolars/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.
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. 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.
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.
, including:
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:
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. 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. Executive matters are brought before the relevant District & Sessions Judge.
, 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. 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.
Almost all judges of above mentioned courts and tribunals except last two, are of District & sessions Judges or of having same qualifications.
Section 6 of the JJSO prescribes special procedure for the juvenile courts which involves issues like not ordinarily taking up any other case on a day when the case of a child accused is fixed for evidence on such day; attendance of only specified persons in the court; and dispensing with the attendance of the child in the trial.
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.
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
is made up of many court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s differing in levels of legal superiority and separated by jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. Some of the courts are federal
Government of Pakistan
The Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
in nature while others are provincial.
Structure of courts in Pakistan
- Supreme Court of PakistanSupreme Court of PakistanThe Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
(Apex courtSupreme courtA supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
) - Federal Shariat Court of PakistanFederal Shariat Court of PakistanThe Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law...
- High Courts of PakistanHigh Courts of PakistanThere are five High Courts of Pakistan, each of four based in the capital city of one of the four provinces. The government has proposed a fifth high court to cover the Islamabad Capital Territory. This proposal was blocked by the Lahore High Court but that decision was overturned by the Supreme...
(one in each province and also in federal capital) - District Courts of PakistanDistrict Courts of PakistanThe District Courts of Pakistan are courts that operate at the district level, they are controlled by the high courts.District courts exist in every district of each province, with civil and criminal jurisdiction. In each District Headquarters, there are numerous Additional District & Session...
(one in each district) - Judicial Magistrate Courts (with power of Section 30 of Cr.PC only in criminal trials)
- Judicial Magistrate Courts (in every town and city)
- Executive Magistrate Courts (Summary trial court)
- Courts of Civil Judge (judges with power of 1st class and 2nd class cases)
Supreme Court Of Pakistan
The Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
(Urdu
Urdu
Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
: عدالت عظمیٰ) is the apex court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
'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
Islamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
. 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
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
powers which are outlined in the Constitution
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
, 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
Supreme Judicial Council of Pakistan
The Supreme Judicial Council of Pakistan is a body of judges empowered under of the constitution of Pakistan to hear cases of misconduct against judges.-Composition:The composition of the Council is set out in the constitution as:* The Chief Justice...
, which may hear complaints brought against any of them.
Federal Shariat Court of Pakistan
The Federal Shariat Court of PakistanFederal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law...
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 "[i]njunctions of Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, as laid down in the Holy Quran and the Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
." 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
Hudud
Hudud is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes...
) penalties. 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
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
judges including the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. These Judges are appointed by the President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
, after decision is made by the Judicial Committee consisting the Chief Justice of Pakistan (Federal Shariat Court) and the Chief Justice of Pakistan . They choose from amongst the serving or retired judges of the Supreme Court
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 has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
or a High Court
High Courts of Pakistan
There are five High Courts of Pakistan, each of four based in the capital city of one of the four provinces. The government has proposed a fifth high court to cover the Islamabad Capital Territory. This proposal was blocked by the Lahore High Court but that decision was overturned by the Supreme...
or from amongst persons possessing the qualifications of judges of a High Court. Presently Justice Agha Rafiq Ahmed Khan
Agha Rafiq Ahmed Khan
Justice Agha Rafiq Ahmed Khan was born on 23 August 1949 in Garhi Yasin in Shikarpur District of Sindh, Pakistan and is currently the Chief Justice of the Federal Shariat Court of Pakistan....
is the Chief Justice of FSC.
Of the 8 judges, 3 are required to be Islamic Scolars/Ulema
Ulema
Ulama , also spelt ulema, refers to the educated class of Muslim legal scholars engaged in the several fields of Islamic studies. They are best known as the arbiters of shari‘a law...
who are well versed in Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. The judges hold office for a period of 3 years, which may eventually be extended by the President.
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
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. Appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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. 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.
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, IslamabadIslamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
, including:
- Lahore High CourtLahore High CourtThe Lahore High Court is based in Lahore, Punjab, Pakistan. It was established as a high court on March 21, 1919. The Lahore High Court has jurisdiction over Punjab...
, LahoreLahoreLahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
, PunjabPunjab (Pakistan)Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the... - Sindh High CourtSindh High CourtThe High Court of Sindh is the highest judicial institution of Sindh province. Established in 1906, it is situated at provincial capital Karachi. Apart from being the highest Court of Appeal for Sindh in civil and criminal matters, the Court was the District Court and the Court of Session in...
, KarachiKarachiKarachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...
, SindhSindhSindh historically referred to as Ba'ab-ul-Islam , is one of the four provinces of Pakistan and historically is home to the Sindhi people. It is also locally known as the "Mehran". Though Muslims form the largest religious group in Sindh, a good number of Christians, Zoroastrians and Hindus can... - Peshawar High CourtPeshawar High CourtThe Peshawar High Court is the highest judicial institution of Khyber-Pakhtunkhwa. It is situated at the provincial capital Peshawar.-History:...
, PeshawarPeshawarPeshawar is the capital of Khyber-Pakhtunkhwa and the administrative center and central economic hub for the Federally Administered Tribal Areas of Pakistan....
, Khyber Pakhtunkhwa - Balochistan High CourtBalochistan High CourtThe High Court of Balochistan is the highest judicial institution of Balochistan, Pakistan. The court is formally known as High Court of Balochistan...
, QuettaQuettais the largest city and the provincial capital of the Balochistan Province of Pakistan. Known as the "Fruit Garden of Pakistan" due to the diversity of its plant and animal wildlife, Quetta is home to the Hazarganji Chiltan National Park, which contains some of the rarest species of wildlife in the...
, Baluchistan - Islamabad High CourtIslamabad High Court-History:Islamabad High Court located in Islamabad the capital of Pakistan was established under a presidential order on December 14, 2007. However its creation was delayed because of the stay order issued by the Lahore High Court after its establishment was challenged there. But Supreme Court of...
, IslamabadIslamabadIslamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
, ICTIslamabad Capital TerritoryThe Islamabad Capital Territory is one of the two federal territories of Pakistan. It includes Islamabad, the capital city of Pakistan, and covers an area of 1,165.5 km² of which 906 km² is Islamabad proper...
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 courtsDistrict Courts of Pakistan
The District Courts of Pakistan are courts that operate at the district level, they are controlled by the high courts.District courts exist in every district of each province, with civil and criminal jurisdiction. In each District Headquarters, there are numerous Additional District & Session...
exist in every district of each province, and have civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
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. 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. Executive matters are brought before the relevant District & Sessions Judge.
- The High CourtHigh Courts of PakistanThere are five High Courts of Pakistan, each of four based in the capital city of one of the four provinces. The government has proposed a fifth high court to cover the Islamabad Capital Territory. This proposal was blocked by the Lahore High Court but that decision was overturned by the Supreme...
of each province has appellate jurisdictionAppellate jurisdictionAppellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
over the lower courts. - The Supreme CourtSupreme Court of PakistanThe Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
has exclusive jurisdictionExclusive jurisdictionIn civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
over disputes between and among provincial governments, and appellate jurisdiction over High Court decisions.
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. 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, dacoityDacoity
Dacoity is a term used for "banditry" in India. The spelling is the anglicized version of the Hindi word and as a colloquial Anglo-Indian word with this meaning, also appears in the Glossary of Colloquial Anglo-Indian Words and Phrases Banditry is criminal activity involving robbery by groups of...
, 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. 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
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. 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. The High Courts cannot be doing this on their own, and must be instructed by the provincial governments to do so. In this era of independent judiciary, the High Courts should standup against the governments on this issue and refuse to confer powers on the already over-burdened courts and instead should insist upon establishing exclusive juvenile courts.Section 6 of the JJSO prescribes special procedure for the juvenile courts which involves issues like not ordinarily taking up any other case on a day when the case of a child accused is fixed for evidence on such day; attendance of only specified persons in the court; and dispensing with the attendance of the child in the trial.
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.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. The exams include various compulsory papers. For example, the Punjab Public Service Commission sets compulsory papers on English Language & Essay, Urdu Language & Essay, Islamic Studies, Pakistan Studies, General Knowledge (objective test), Criminal Law, Civil Law 1 & 2, and General Law. All candidates who pass the examinations are given a psychological test. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments.See also
- Anti Terrorism Court of PakistanAnti Terrorism Court of PakistanAnti Terrorism Court was established in Pakistan, under Nawaz Sharif's government, to deal with terrorism cases.- 1997 creation and subsequent amendments :...
- JirgaJirgaA jirga is a tribal assembly of elders which takes decisions by consensus, particularly among the Pashtun people but also in other ethnic groups near them; they are most common in Afghanistan and among the Pashtuns in Pakistan near its border with Afghanistan...
- Punjab Bar CouncilPunjab Bar CouncilThe Punjab Bar Council is a supreme statutory & Deliberative assembly of lawyers in Punjab for safeguarding the rights, interests and privileges of practicing lawyers, regulating their conduct and helping in the administration of justice and it is also 1st biggest Bar Council of Pakistan...
- Pakistan penal codePakistan penal codeThe Pakistan Penal Code usually called PPC is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code...
- Blasphemy law in PakistanBlasphemy law in PakistanThe Pakistan Penal Code prohibits blasphemy against any recognized religion, providing penalties ranging from a fine to death. However, in practice, it is only applied to Islam. An accusation of blasphemy commonly subjects the accused, police, lawyers, and judges to harassment, threats, and attacks...
- Copyright protection in PakistanCopyright protection in PakistanCopyright protection in Pakistan is a major economic, political and diplomatic issue.In a country like Pakistan where laws are very difficult to implement, copyright infringement has always been a concern, and the country has been on the Special 301 Watch List since 1989.-Legislative...
- The Oath of Judges Order 2000The Oath of Judges Order 2000The Oath of Judges Order 2000 is order issued by then Chief Executive of Pakistan General Pervez Musharraf in January 2000. It required the judges to take a fresh oath of office swearing allegiance to military rule...
- Politics of PakistanPolitics of PakistanPolitics of Pakistan have taken place in the framework of a federal republic, where the system of government has at times been parliamentary, presidential, or semi-presidential. In the current parliamentary system, the President of Pakistan is the largely ceremonial head of state, the Prime...