Judicial Administration in Pakistan The Supreme Court Building Islamabad There is a Supreme Court in Pakistan and a High Court in each province, and other courts exercising civil and criminal jurisdiction. 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 The Supreme Court is at the apex of the judicial systems of Pakistan. It consists of a Chief Justice known as Chief Justice of Pakistan and such number of other judges as may be determined by the Act of Parliament. At present, besides the Chief Justice, there are thirteen other Judges in the Supreme Court. Appointment of Supreme Court Judges The Chief Justice of Pakistan is appointed by the President. Other Judges are also appointed by the President after consultation with the Chief Justice. A person is eligible to be appointed as a Judge of the Supreme Court if he is a citizen of Pakistan and has been a Judge of a High Court for five years or an advocate of a High Court for fifteen years. The Chief Justice and Judges of the Supreme Court hold office until the age of sixtyfive. Jurisdiction The Supreme Court has original, appellate and advisory jurisdiction. Original Jurisdiction: The Supreme Court, to the exclusion of every other Court in Pakistan, has the jurisdiction to pronounce declaratory judgements in any dispute between the Federal Government or a provincial government or between any two or more provincial governments. The Supreme Court, if it considers that a question of public importance, with reference to the enforcement of any of the Fundamental Rights ensured by the Constitution of Pakistan is involved, it has the power to make any appropriate order for the enforcement of fundamental rights. Appellate Jurisdiction: The Supreme Court has jurisdiction to hear and determine appeals from judgements, decrees,final orders or sentences passed by a High Court, the Federal Shariat Court and the Services Appellate Tribunals. 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. Advisory Jurisdiction: It, at any time, 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, he may refer the question to the Supreme Court for consideration. The Supreme Court considers the question so referred and reports its opinion on the question to the President. Seat of the Supreme Court The permanent seat of the Supreme Court is at Islamabad, but it also runs circuits at Lahore, Karachi,Peshawar and Quetta. Transfer of Cases The Supreme Court may, if it considers expedient to do so in the interest of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court. General The practice and procedure of the Court is regulated by the rules made by the Court. All executive and judicial authorities throughout Pakistan are required to act in aid of the Supreme Court. Any decision of the Supreme Court to the extent it decides a question of law or is based upon or enunciates a principle of law is binding on all courts in Pakistan. The Supreme Court has the power to review any judgement pronounced bu it or any order made by it. HIGH COURT There is a High Court in each of the four provinces. The Islamabad Capital Territory falls within the jurisdiction of the Lahore High Court of the Punjab. 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. At present, the Lahore High Court of the Punjab, the High Court of Sindh, the Peshawar High Court of NWFP and High Court of Balochistan consist of fifty, twenty-eight, fifteen and six Judges including the Chief Justice, respectively. Appointment of High court Judges A Judge of the High Court is appointed by the President after consultation with the Chief Justice of Pakistan, the Governor of the Province and the Chief Justice of the High Court in which appointment is to be made. 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, served as or exercised the functions of a District Judge in Pakistan. A Judge of a High Court holds office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the Constitution. The principal seat of the Lahore High Court is at Lahore and it has three Benches at Bahawalpur, Multan and Rawalpindi. The principal seat of the High Court of Sindh is at Karachi with a Bench at Hyderabad and Sukkur. The principal set of Peshawar High Court is at Peshawar and it has two Benches at abbottabad and Dera Ismail Khan. The principal seat of High Court of Balochistan is at Quetta with a Bench at Sibi. 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. Jurisdiction A High Court has original and appellate jurisdiction. Original Jurisdication: A High Court has, under the Constitution, original jurisdiction to make an order:(i) directing a person within the territorial jurisdiction of the Court to refrain from doing anything he is not permitted by law or to do anything he is required by law. (ii) declaring that any act done by a person without lawful authority is of no legal effect; or (iii) directing that a person in custody be brought before it, so that the court may satisfy itself that he is not being held unlawfully; (iv) giving such directions to any person or authority, for the enforcement of any of the fundamental rights conferred by the Constitution. Besides the original jurisdiction conferred by the Constitution, a High Court has original jurisdiction in many other matters conferred by or under various laws. A High Court has the power to withdraw any civil or criminal case from a trial court and try it itself. Appellate Jurisdiction: A High Court has extensive appellate jurisdiction against the judgements, decisions, decrees and sentences passed by the civil and criminal courts. General: A High Court has the power to make rules regulating its practice and procedure and of courts subordinate to it. Each High Court supervises and controls all courts subordinate to it and any decision of a High Court binds all courts subordinate to it. Shariat Court Federal Shariat Court comprises eight Muslim Judges including the Chief Justice to be appointed by the President. Of the Judges, four are the persons qualified to be the Judges of the High Courts, while three are Ulema (scholars well-versed in Islamic Law). Jurisdiction Federal Shariat Court has original and appellate jurisdiction. Original Jurisdiction: The Court may examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (Peace be upon him). If the Court decided that any law or provision of law is repugnant to the injunctions of Islam, it sets out the extent to which such law or provision of law is so repugnant, and specifies the day on which the decision shall take effect. Where any law is held to be repugnant to the injunctions of Islam, the President in the case of Federal law or the Governor in the case of a Provincial law is required to take steps to amend the law so as to bring it in conformity, with the injunctions of Islam; and such law ceases to have effect from the specified day. Appellate Jurisdiction: The Court has exclusive jurisdiction to hear appeals from the decison of criminal courts under any law relating to enforcement of Hudood Law i.e. laws pertaining to offences to intoxication, theft, Zina (unlawful sexual intercourse) and Qazf (false imputation of Zina). The principal seat of the Federal Shariat Court is at Islamabad, but it runs circuits at Lahore, Karachi, Peshawar and Quetta. Other Courts Civil: In every district of a Province, there is a Court of District Judge which is the principal court of original jurisdiction in civil matters. Courts of General Jurisdiction Besides the Court of District Judge, there are courts of Civil Judges. Civil Judges function under the superintendence and control of District Judge and all matters of civil nature originate in the courts of Judges. the District Judge may, however, withdraw any case from any Civil Judge and try it himself. 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. Criminal: In every district, there is a Court of Sessions Judge and Courts of Magistrates. Criminal cases punishable with death and cases arising out of the enforcement of laws relating to Hudood are tried by Sessions Judges. The Court of a Sessions Judge is competent to pass any sentence authorised by law. Offences not punishable with death are tried by Magistrates. Among the Magistrates there are Magistrates of 1st Class, 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, otherwise to the High Court. Special Courts and Tribunals: To deal with specific types of cases Special Courts and Tribunals are constituted. These are; Special Courts for Trial of Offences in Banks; Special Courts for Recovery of Bank Loans; Special courts under the Customs Act, Special Traffic Courts; Courts of Special Juges Anti-Corruption; Commercial Courts; Drug Courts; Labour Courts; Insurance Appellate Tribunal; Income Tax Appellate Tribunal and Services Tribunals. Appeals from the Special Courts lie to the High Courts, except in case of Labour Courts and Special Traffic Courts, which have separate forums of appeal. The Tribunals lie to the Supreme Court of Pakistan. 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. The number of High court Judges, Additional Sessions Judges, Civil Judges and Magistrates has been increased. The Code of Criminal Procedure, 1898, has been amended to grant automatic concession of release on bail to the under-trial prisoners, if the continuous period of their detention exceeds one year in case of offences not punishable with death and two years in case of offences punishable with death. It also made incumbent on the criminal courts to take into consideration the period of detention spent by the accused as an under-trial prisoner while awarding sentence. No fee is payable in criminal cases and for filing any petition before the Federal Shariat Court. Court fee in civil cases upto the value of Rs.25,000 has been abolished. ADMINISTRATION OF LAW AND JUSTICE The Law and Justice Division is an advisory and consultative body to the Federal Government, Minstries, attached departments. Similarly, the Law Department in each province deals with provincial legal matters. Opinions During the period from January, 1993, to June, 1994, opinions on 6,556 cases were recorded; and the Law and Justice Division was called upon, from time to time,to tender advice on various important and controversial constitutional and legal issues. Legislative Drafting Drafting of Ordinances and Bills is a major function and responsibility of the Law and Justice Division which is looked after by the Drafting Wing. From January 1993 to June 1994, 1,957 cases for vetting of the drafts of various legislative measures, statutory rules, orders and notifications were received and dealt with in the Law and Justice Division. Litigation The other major function and responsibility of the Division is to look after the litigation on behalf of the Government of Pakistan. Administration of the Federal Courts/ Tribunals The Law and Justice Division is also involved in the appointment of Law Officers including Attorney General, Deputy Attorney General and Standing Councels. It also approves the appointment of legal advisers for which purpose there is a committee comprising the Attorney General, Law and Justice Minister and the Law and Justice Secretary. Judicial Academy The Federal Judicial Academy was set up by the Law and Justice Ministry in September, 1988 for the adequate training of Judges, Government law officers, police officers and doctors dealing with medical legal cases. 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. The Prophet of Islam(peace be upon him) introduced the system of `Hisab' or accountability. He as well as his companions presented their public and private life and conduct for acountability. Thus a great institution emerged and spread across the globe. In the 18th century when king Charles XII of Sweden was in exile in Turkey, it was there that the observed the working and efficacy of this institution in the Ottomon Caliphate. On regaining his throne, the King established a smiliar institution in Sweden. Later, in 1809 King Gustary set up this institution under its Swedish name i.e. Ombudsman. Gradually, other developed western countries also adopted this institution. Establishment in Pakistan In Pakistan, the establishment of the institution of Ombudsman was advocated on several occasions. It was Article 276 of the Interim constitution of 1972, which provided for the appointment of a Federal Ombudsman as well as Provincial Ombudsmen for the first time. Subsequently, the Constitution of 1973 included the Federal Ombudsman at item 13 of the Federal Legislative List in the Fourth Schedule. The Institution of Ombudsman was, however, actually lbrought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983. Temure The Wafaqi Mohtasib, who is appointed by the President of Pakistan, holds office for a period of four years. He is not eligible for any extention of tenure, or for reappointment under any circumstances. He is assured of security of tenure and cannot be removed from office except on ground of misconduct or of physical or mental incapacity. Even these facts, at his request, can be determined by the Supreme Judicial Council. Further, his office is non-partisan and non-political. Jurisdiction The chief purpose of the Wafaqi Mohtasib is to diagnose, investigate, redress and rectify any injustice done to a person through maladministration on the part of a Federal Agency or a Federal Government official. The primary objective of the office is to institutionalise a system for enforcing administrative accountability. The term "maladministration" has been defined in the law governing the office of Mohtasib, to cover a very wide spectrum, encompassing every conceivable form of administrative practice. It includes a decision, process, recommendation, an act of omission or commission, which: (a) is contrary to law, rules or regulations or is a departure from established practice or procedure; (b) is perverse, arbitrary or unreasonable,unjust, biased,oppressive or discriminatory or is based on irrelevant grounds: or (c) involves the exercise of powers, or the failure, or refusal to do so, for corrupt or improper motives. It also includes neglect, inattention, delay, incompetence, inefficiency, ineptitude in the administration, or in the discharge of duties and responsibilities. The term "Agency" has been defined as a Ministry, Division, Department, commission, or Office of the Federal Government, or a Statutory corporation, or any other institution established or controlled by the Federal Government. Not included in this term are the Supreme Court, the Supreme Judicial Council, the Federal Shariat Court or a High Court. Currently, the number of Agencies falling within the Ombudsman's functional ambit is 300. The Mohtasib's jurisdiction is excluded from matters which are subjudice in courts, relate to the foreign affairs of Pakistan, or connected with the Defence of Pakistan or with the laws governing the Army, Navy and Air Force, or are concerned with the personal grievance or service matters of a public servant or functionary. Anonymous or pseudonymous complaints also cannot be entertained by him under the law. Powers - If the Mohtasib finds an element of maladministration in a matter, he can, after investigating the matter, ask the Agency concerned to consider the matter further, to modify or cancel its decision, to take disciplinary action against any public servant, to dispose of the cases within a specified time, or to improve the working of the Agency, or to take any other specified steps. 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, who, in his discretion may direct the Agency to implement the recommendations. The Mohtasib is empowered to award compensation to an aggrieved person for any loss or damage suffered by that person on account of maladministration. But if the complaint is found to be false, or frivolous, he can also award compensation to the Agency or the functionary against whom the complaint was made. 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. He has also powers identical to that of the Supreme Court of Pakistan to punish any person for contempt. 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. Similarly, where the law or rules empower an authority to exercise his discretion in deciding matter, no court can question that discretion except the Ombudsman who, if he is satisfied that the discretion has not been exercised judiciously, may upset the decision or have it amended in the manner he sees fit. This gives him extensive leverage to do good and to undo injustice and arbitrariness arising out of orders lawfully made. Performance Since the inception of this office on 8th August, 1983 upto 31st December, 1993 the number of complaints dealt with were 4,01,897. 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. 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. During this period 1,19,684 complaints were thoroughly investigated and 71 per cent were found to be genuine. During the year 1993, the highest number of complaints, i.e. 20,934 out of 44,578 complaints, after scrutiny, were admitted for investigation and 79 per cent of them were disposed off resulting in relief to the aggrieved. 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, there is an urgent need for establishing the office of Provincial Mohtasib in all the provinces without any further delay. The Provincial Government of Sindh and the Government of Azad Jammu and Kashmir have already established the institution of Mohtasib within their jurisdiction. Achievements Apart from the pains taken to investigate and redress complaints, the Ombudsman's Secretariat makes it a apoint to acknowledge each and every complaint, and to inform those members of the public whose complaints cannot be legally entertained. In any case, each and every complaint has to be read and examined from all points of view even if it has to be rejected at the very outset for any of the prescribed reasons. Only the Mohtasib can dismiss or reject a complaint, even in limine, and only he can pass the final orders on it after investigation. Justice An important aspect of the Office of Mohtasib, in addition to dealing with individual complaints, is to initiate studies and research regarding maladministration in Agencies having extensive dealing with the public, so that systems and procedures can be improved for the benefit of the people dealing with these Agencies. So far, seven in-depth studies have been conducted in Departments/Corporations of vital concern to the general public, while in numberous cases procedures and processes have been got simplified to obviate complaints form the public. Since its establishment, the most significant impact of this institution is that it has revived the concept of administrative accountability in Pakistan, which is both an Islamic tenet and a democratic obligation. The public servant has become more cautious while exercising his powers. He knows that there is an authority who can question him about his acts of omission and commission, while the citizen has the assurance that if an agency or an officer continues to be obdurate and inaccessible, he can go to the Mohtasib with his problem and get relief. The Mohtasib`s institution has emerged as a poor man`s court and an effective check on the excesses of the bureaucracy. It has made the bureaucracy responsive to popular aspirations, thereby helping to bridge the yawning gap which had earlier characterised the relationship between the administrator and the citizen. As a democratic instrument of Federal Government, it has helped improve administrative processes and procedures in line with modern days requirements, which have gone a long way in reducing red-tapism and misuse of discretionary powers by the bureaucracy. 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, testifies the success story of the institution and the increasing confidence reposed in it. Criminal Law and Its Administration Now we shall study the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and what are principals of administration of these criminal courts? We shall also study types of administrative agencies and how these investigating agencies provide assistance the courts in administration of criminal justice. Principal of Administration The section 5 criminal procedure Code (1898) has enunciated the administration and trial of offence falling penal provisions of PPC shall be investigated and enquired and other dealt according to the provisions of the criminal procedure Code but subject to any other enactment time being in force which prescribed special form of procedure for regulation, manner or place of trial investigation and trial of offences. 1. Territorial Jurisdiction All criminal court and investigating agency established under Cr.P.C or special laws have their territorial jurisdiction for administration of criminal justice. Under subsection 1 of section 7 of Cr.P.C. each province shall consist of sessions divisions; every session division shall for the purpose of this code, the section 7 Cr.P.C relates to territorial division. It provides that each province shall consist of session division, and every session division shall be for purpose of code is a district or consist of districts. It is the provincial which is empowered to alter the limits or number of each divisions and district. According to provisions, it is the provincial government to divide any districts or make any portion of any such district a subdivision and may alter the limitation of any such-division. If in the opinion of a court taking cognizance of the offence, and the case appears to be one in which, according to the fourth column, a warrant to be issued in first instance, a causing to be brought or to bear at certain has no jurisdiction some other having the jurisdiction. It provide that each province shall be consist of session divisions and every session division shall for purpose of the code a district or consist of districts. It is the province government which is empowered to alter the limitation or number of such divisions and districts. According to section 8 it is for the provincial to divide any district into sub-divisions or make any portion of any such district a sub division, and may alter the limit of any sub division. 2. Subject Matter Jurisdiction The jurisdiction of subject matter is often vested on that subject where special investigating agency or special court is constituted for administration of these offences. The criminal court and investigating agency exercise their jurisdiction on particular subject matter that jurisdiction is derived from special law enforceable in Pakistan. Criminal Courts for Administration There are two types of courts in Pakistan, first established under Cr.P.C and others are established by special enactment. 1. The court established under Code of Criminal Procedure Chapter II of the code of criminal procedure 1898 deals with constitution and power of trial courts and offences committed in penal code and other laws. The section 6 has defined the criminal court for purpose of prosecution of the offences. The section has provided the three classes of the courts for the purpose of prosecution of the offences. These court act and prosecute the offence under their defied jurisdiction. The class of courts includes the court of magistrate, session and High Court for the purpose of administration of criminal justice. The power has been given the established to try offence under penal court and other offences which ahs not been defined in penal provision but in other provision of laws. 2. The court established under provision of special laws There are types of court for the purpose prosecution not falling Pakistan penal Code 1860, and these courts are established the federal or provincial legislation establish these court for the purpose of the prosecution of special offence penalized under special laws time being in force. There type of court act under special procedure described in special laws. The purpose of the administration and providing procedure for these prosecutions of these offences are that these offences are promulgated for special and often the code of Criminal procedure is inadequate to meet the requirement for these courts. Types of Criminal Courts established under Cr.P.C Under section of criminal procedure code, besides the high court and court session under any law other than this code for time being in force, there shall be two classes of the courts in Pakistan. 1. District Magistrate Under section 10 of Cr.P.C of 1898, the provincial government shall appoint district magistrate and provincial government shall also appoint additional district magistrate to exercise jurisdiction in one or more districts, and such additional district magistrate shall have or any of the powers of district magistrate under this code or under any other law for time being in force, as the provincial government shall direct. The subsection 1 of section 12 of Cr.P.C of 1898 may appoint as many persons as it think fir to be may time to time define the local areas within which persons may exercise all or any of the powers within which they may respectively be invested under the code. Under sub section 1 of section 14 of Cr.P.C. of 1898, The provincial government may on the recommendation of the high court, confer upon any person all or any of the powers conferred or conferrable by or under this code on a judicial magistrate in respect to particular cases or to a particular classes of cases or in regard to case generally in local areas. As defined in such magistrate shall be called special judicial magistrate and shall be appointed for such terms as the provincial government may, in consultation with high court, general or special order, direct. 2. Court of Session Under section 9 of Cr.P.C of 1898, the provincial government shall establish a court of session for every session division and appoint a judge of such court and also one of more session division to exercise jurisdiction in one of more courts. The provincial government is empowered to establish a court of session for every session division and also appoint judge of such court. The Subsection 3 of section 9 empowers the provincial government to make appointment of additional session judge and to exercise jurisdiction in one or make such courts. The session judgment is deem to superior to additional session but as regard with power of both are same. Only limit to the power of the assistant session judge is that assistant session judge can pass the death sentence or imprisonment for more that seven years as cited in 1998 P.Cr.L.J. 572. 3. High Court The high has been established under Articles of Constitution of Pakistan and also have been given power of trial and appeal under Cr.P.C 1898. In addition to these power confirmed under Cr.P.C, the High Court has been confirmed special powers under articles of Constitution of Pakistan 1973 for administration of Criminal justice. Power of the criminal Courts for administrate The jurisdiction of every statue to try offence is derived from the penal statute; either that statute establishes court or penal provisions. 1. Offence falling under penal code Under section 28 of Cr.P.C of 1898, all offence provided in penal statutes shall be tried by magistrate, session and high courts and other court which has mentioned in eighth column of the second schedule to be triable. Magistrate is not barred from sending the case to session for trial even if he has commenced trial by recording evidence. Legislature has contemplated that magistrate should not only send cases for trial which are exclusively triable by court of session or high Court but also cases which in opinion of magistrate should or ought to be tried by such court. It is essential that that offence should be shown to be triable by court concerned. Offence not shown in schedule to be triable by magistrate, triable by magistrate is without jurisdiction, 1972 P.Cr.L.J 233. If the offence is triable by magistrate, the session judge can transfer the case from court of magistrate to itself merely because of want of jurisdiction as decided in PLD 1966 SC 589. 2. Offences falling in other laws Under subjection 1 of section 29 of Cr.P.C of 1898, subject to any other law for time being in enforce, when any court which is mentioned above in this behalf in such law be tried by such court. Under subjection 2 of section 29 of Cr.P.C of 1898, when no offence shall not to be tried by any court, it shall to be tried by High Court. A magistrate appointed under the code does not cease to be such a magistrate merely because he has been given certain special or additional power under special statute. Therefore, an appeal under section 408 of the code is available to a person convicted or trial by first class magistrate appointed under the code of code of criminal procedure unless the special statute which has created the offence has made express provision barring the appeal as cited in PLD 1970 Decca 260. Administrative power of Punishment Here is brief description of powers have vested on various for passing sentence orders. 1. Sentence which are to be passed session and High Court Under subsection 1 of section 31 of Cr.P.C 1898, a high court may pass any sentence authorized by law. Under subsection 2, session Judge or additional session judge may pass any sentence authorized by law; but any sentence of death passed by any such judge shall be subject to confirmation by high Court. Under subsection 3 of section 31 of Cr.P.C. of 1898, Assistance session is not authorized to pass the death sentence or imprisonment for term exceeding seven years. 2. Sentence which magistrate may pass Under subsection 1 of section 32, the court of magistrate may pass the following sentences namely, the Court of Magistrate of first can pass the imprisonment of description of term not exceeding three such solitary confinements as they are authorized by law and fine not exceeding fifteen thousands rupees and Arsh whipping, the Court magistrate of second may pass order of imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law; and Fine not exceeding five thousand. The court of Magistrate of third class for may pass order of imprisonment for term not exceeding one month and fine not exceeding thousand rupees. The code of criminal procedure having first enumerating the courts by which different offence could be tried has proceeded to define the limits of sentence which the various courts can pass. The limits provided in these sections show the maximum sentence which a court can pass, they have nothing to do with maximum penalty provided for a offence. Administrative Agencies 1. The establishment of administrative agencies under Code of Criminal Procedure 1898 There are two types of Agencies are working in Pakistan for administration and of criminal justice, first is local police which has its enactment which led to established for prosecution. The Prosecution of this offence has established whose function and administrative procedure has been defined in Code of Criminal Procedure 1898. 2. The establishment of investigating agencies under other laws The other types of investigating and administrative agencies are established under special law for prosecution of offences falling provisions of special laws for times being in force. These agencies having their procedure being defined in special enactment, like the Federal Investigating agency has its own investigating and administrative agency for the purpose of prosecution of the offence. FIA have own administrative power and jurisdiction over the defined subjects. The administrative power of investigating agency established under Cr.P.C 1898 The police have been established under the Cr.P.C provisions for the purposes investigation of the crimes, and various administrative functions are performed by police for end of criminal administration. 1. Prevention The section 150 of Cr.P.C 1898 has made it compulsory on part of police to prevent the commission or omission of offence with best of his abilities. The prevention of the offences shall to be prevented when the communication of the offence has made to the police, they are immediately obliged to communicate it has police officer for the purpose of adopting prevention measures for it. The police shall adopt methods of the prevention the crime by arresting that person where no other method is available for the same purpose. 2. Investigation The section 156 of Cr.P.C. is related with investigating procedure of police when any information is made relating to the commission of the cognizable or non-cognizable offence is orally or in writing the officer in charge of a police shall put down into the record book for future narrating gist of the information which has made to him. The police officer in whose jurisdiction the commission of cognizable offence has taken place will inquire and investigate the offence, but however the subsection 1 and 2 section 155 of Cr.P.C. has made proviso that In the case of non-cognizable offence, he has to communicate to Magistrate for seeking permission for further investigations. The section 157 of Cr.P.C relates with the procedure where commission of cognizable offence are suspected, the police officer is obliged to conduct local investigation into fact and circumstances offences on the spot. 3. Search The police can exercise their power of search under the section 165 of Cr.P.C. 1898, where the reasonable grounds are available which cause the police to investigate any matter which is falling in the jurisdiction, they can make search purpose of making investigation but the limit to make investigation has been put under Bankers Book Evidence Act 1891. 4. Arrest Under the section 46 of Cr.P.C. 1898, the police making arrest of person are made for purpose preventing that person from committing offence or putting that person in custody of police for the alleged committing of offences. The section 47 of Cr.P.C. says that where the arrest is essential for the purpose of the making arrest of that person, they can make search of the premises where the person supposed have take abode or hiding himself. 5. Framing of charges The section 221 of Cr.P.C 1898 is related with the framing of the charges, police frames the charges of the offence which the accused has committed; these describe the particulars of the offence which has been committed. There are many other formalities of the law which is required to be fulfilled in as defined Cr.P.C provisions. 6. Recording of statement and evidence The police officer making an investigation under this chapter may, by order in writing , requires the attendance before such as the provisional government may prescribe in order, such officer may examine the orally any such person supposed to be acquainted with fact of the case. Under The section 161 of Cr. P.C 1898, the person accused or acquainted with fact is bound to give all answer of all questions which are asked by the police. The police officer may reduce into writing such statement which has made by witness in course of examination by police officer. Summary We have studied the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and the basic principal of administration is territorial and subject matter division of jurisdiction of various criminal courts and investigating agencies. There are two types of court first established under Cr.P.C; other are constituted under other laws. There are also two major investigating agencies are in Pakistan for purpose administration of criminal justice. The procedure of investigation is Police is made according to Cr.P.C provisions and FIA administrate crime according to FIA Act. References Ali, Mohammad. (1960) “Judicial administration in Pakistan”. 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Idara Mutalia-e-Tareekh. Marri, Khuda-Bakhsh Mir. (1990) Ferozsons. “A judge may speak”. Paula R. Newberg. (1995) “Judging the State: Courts and Constitutional Policies in Pakistan”. (Cambridge South Asia Studies, number 59) New York: Cambridge University Press. Pp. xi, 284. Rabin, Jack (September 19, 1997) “Handbook of Public Administration (Public Administration and Public Policy)”. CRC. Weiss, M. Anita. (October 1986) “Islamic Reassertion in Pakistan: The Application of Islamic Laws in a Modern State”. Syracuse Univ Press. Yilmaz, Ihsan. (January 31, 2005) “Muslim Laws, Politics And Society In Modern Nation States: Dynamic Legal Pluralisms In England, Turkey And Pakistan”. Ashgate Publishing. Braibanti, Ralph. "Public Bureaucracy and Judiciary in Pakistan." Pages 360-440 in Joseph LaPalombara, ed., Bureaucracy and Political Development. Princeton: Princeton University Press, 1963. Feldman, Herbert. A Constitution for Pakistan. Karachi: Oxford University Press, 1955. Hyman, Anthony. Pakistan: Toward a Modern Muslim State. (Conflict Studies Series, No 227.) London: Research Institute for the Study of Conflict and Terrorism, 1990. Jillani, Anees. "Judicial Activism and Islamization after Zia: Toward the Prohibition of Riba." Pages 57-73 in Charles H. Kennedy, ed., Pakistan: 1992. Boulder, Colorado: Westview Press, 1993. Moore, Molly, and John Ward Anderson. "Islamic Law-and Zeal—Rise to Challenge Secular Politics in Pakistan," The Washington Post, October 21, 1992, A29, A33.Sayeed, Khalid B. "Political Leadership and Institution-building under Jinnah, Ayub, and Bhutto." Pages 241-70 in Lawrence Ziring, Ralph Braibanti, and W. Howard Wriggins, eds., Pakistan: The Long View. Durham, North Carolina: Duke University Press, 1977. Ayub Khan, Mohammad. The Evolution of Judicial Systems and Law in the Sub Continent. Peshawar, Pakistan: n.p., n.d. Babar, Sabihuddin. "Law and Martial Law," Newsline [Karachi], July 1990, 24-25. Kennedy, Charles H. "Islamization and Legal Reform in Pakistan,1979-1989," Pacific Affairs, 63, No. 1, Spring, 1990,62-77. Choudhury, G.W. Constitutional Development in Pakistan. (2d ed.) Vancouver: Publications Centre, University of British Columbia, 1969.
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