ISLAMABAD: Chief Justice of Pakistan Gulzar Ahmed has said the judicial system in Pakistan evolved through indigenous experiences and learning. He stated this while addressing a delegation of the National Defence University headed by Chief Instructor Major General Inayat Hussain, at the Supreme Court building, here on Thursday.
The chief justice gave an overview of the Judicial System of Pakistan, and briefed them about its history, evolution, responsibilities, composition and functioning of superior judiciary, district judiciary including civil courts, criminal courts, and special courts.
The judicial system in Pakistan, as it is now, has its own history of evolution and is rooted in the times of Hindu rule of India, Muslim rule of India, and the British Colonial period. After the independence the judicial system has further evolved through indigenous experiences and learning.
The judicial system of Pakistan is fully codified by laws, and its practices are also governed by laws and rules, which are also duly codified. There is a four-tier judicial system operating in Pakistan, both for ordinary civil and ordinary criminal cases.
The lowest-rank of civil courts is called the Court of a Civil Judge. In this court, all civil suits originate except in the territory of Karachi, where the High Court has also been given original civil jurisdiction to try suits having pecuniary value of rupees 15 million and above for the territory of Karachi.
The suits valued at less than these pecuniary values in the territory of Karachi originate in the Court of a Civil Judge. The second tier is the Court of District Judge, which exercises revisional and appellate jurisdiction against the judgements, orders and decrees passed by the Courts of Civil Judge.
The third tier is the High Court, which exercises revisional and appellate jurisdiction over the judgements, orders and decrees passed by the district judges. The fourth tier is the Supreme Court, which is the final Court of appeal against the judgements, orders and decrees passed by the high courts.
The Supreme Court has also been conferred original jurisdiction of hearing and deciding Constitution Petitions involving question of public importance with reference to enforcement of any of the Fundamental Rights. The Supreme Court also has advisory jurisdiction to give opinions on questions of law of public importance referred to it by the president.
The judgements, orders and decrees passed by the Court of Civil Judge are executed in the same Court, while judgements, orders and decrees passed by the High Courts' exercising their original jurisdiction are executed by the concerned High Court itself.
The judgements, orders and decrees passed by the Supreme Court are enforceable throughout Pakistan and where it is to be executed in a province, it is executed by the High Court of the said Province.
The lowest tier of criminal Courts is the Court of a Judicial Magistrate, which is competent to try offences in which the maximum punishment that can be awarded to an accused is up to three years.
The second tier is the Court of Sessions Judge, where not only revisions and appeals are filed against the orders passed by the Judicial Magistrates but the Sessions Judge also has the jurisdiction to try criminal cases having sentences of more than three years and that may also carry the death penalty.
The third tier is the High Court where revisions and appeals lie against the orders passed by the session judges. The fourth tier is the Supreme Court of Pakistan, which is the final Court in deciding criminal cases arising out of the orders passed by the high courts.
In terms of Chapter 3A of the Constitution, the Federal Shariat Court has been constituted and conferred exclusive jurisdiction to examine and decide questions of whether 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 (PBUH) and has also been conferred appellate and revisional jurisdictions in cases arising out of hudood laws. An appeal against Federal Shariat Court lies before the Supreme Court.
Copyright Business Recorder, 2020
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