Subject Trial Advocacy

Topic Civil Justice System

Assignment # 01
Presented To, Respected Sir Khalil Sipra
Presented By, Kashif Mehmood
Roll # 22302
LLB 3 years (evening)
Sec (B)

Department of Law

Government College University Faisalabad

Civil Justice System
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or
higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of
the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the
Supreme Court at the apex. There is a High Court for each of the four provinces as well as a
High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the
superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither
the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except
otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have
separate court systems.
Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan
till now. They are Gilgit Baltistan and AJK. As per constitution of Pakistan, these both areas are
not a part of Pakistan, rather they are being governed by Government of Pakistan on interim
basis. Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1
November 1948, that is said to be the independence day of Gilgit Baltistan. Likewise, the
authority of Constitution of Pakistan is not held there, though through Presidential ordinances,
and PM packages, they are governed and given an interim authority delegated by Federal
Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another
form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced,
with designated powers as that of Supreme Court of Pakistan.
The subordinate judiciary consists of civil and criminal district courts, and numerous specialized
courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation,
the environment, consumer protection, and corruption. The criminal courts were created under
the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan
Civil Court Ordinance 1962. There are also revenue courts that operate under the West Pakistan
Land Revenue Act 1967. The government may also set up administrative courts and tribunals for
exercising exclusive jurisdiction in specific matters.
Supreme Court of Pakistan
The Supreme Court (SCOP), established in 1956,[8] is the apex court in Pakistan's judicial
hierarchy, the final arbiter of legal and constitutional disputes. The court consists of a Chief
Justice and sixteen other judges. There is also provision for appointment of acting judges as well
as ad hoc judges in the court. It has a permanent seat in Islamabad as well as branch registries in
Lahore, Peshawar, 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.
Federal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan was established in 1980 to scrutinize all Pakistani laws
and determine if they conform to Islamic values "as laid down in the Quran and the Sunnah".[9]
If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the
reasons for its decision. The court also has appellate jurisdiction over penalties (hudud) arising
under Islamic law, although these decisions can be reviewed by the Shariat Appellate Bench of
the Supreme Court. 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.
The Court consists of 8 Muslim judges, appointed by the President of Pakistan, on the advice of
a judicial committee of the Chief Justices of the Supreme Court and the Federal Shariat Court.
The committee chooses from among-st serving or retired judges of the Supreme Court or the
High Courts or from among-st persons possessing the qualifications of judges of a High Court.
Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law.
The judges serve terms of three years, subject to extension by the President. The current Chief
Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan.
High Courts
Lahore High Court
There is a High Court for the Islamabad Capital Territory and four provincial High Courts. A
High Court is the principal court of its province.[1]

Lahore High Court, Lahore, Punjab [10]

Sindh High Court, Karachi, Sindh [11]
Peshawar High Court, Peshawar, Khyber Pakhtunkhwa [12]
Balochistan High Court, Quetta, Baluchistan [13]
Islamabad High Court, Islamabad, ICT [14]

Subordinate Judiciary
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, 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.
Court usually starts early in the morning, 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,
dacoity, robbery, extortion, etc.), but may only pass a sentence of up to three years'
imprisonment or fine or both. If the court thinks accused deserves more punishment than three
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. These Courts are also called as
Senior Civil Judge Courts, who are empowered with the power of Judicial Magistrate as well.
Special Tribunals and Boards
There are numerous special tribunals such as;

Banking Courts
Criminal Courts
Custom Courts
Drug Courts
Federal Services Tribunal
Provincial Services Tribunals (one for each province)
Income Tax Tribunals
Anti Corruption Courts
 Anti Terrorism Courts
Labour Courts
Labour Appellate Tribunal
Environmental Courts
Board of Revenue.
Special Magistrate courts
Control of Narcotic Substances (Special Courts)
Consumer Courts -
Intellectual Property Tribunal
Foreign Exchange Appellate Board
Almost all judges of above mentioned courts and tribunals except for Consumer Courts, are of
District & sessions Judges or of having same qualifications. Besides, there exist revenue courts,
operating under the West Pakistan Land Revenue Act 1967. The revenue courts may be
classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of
the First Grade and Second Grade. The provincial government that exercise administrative
control over them appoints such officers. Law prescribes their powers and functions.
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, where the Family Court is presided by a District Judge,
an Additional District Judge, or a person notified by the Government to be the rank and status of
a District Judge or an Additional District Judge and to the District Court, in any other case.
Every town and city or Tehsil 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. According to section 17 of the Family Court Act, 1964, the provisions of C.P.C. (Civil
Procedure Code) and Qanun-e-Shahdat Order (Evidence Law) are not applicable over to Family
Court and the same are allowed to form or regulate its own procedure to decide case
expeditiously, properly and in the best interest and convenience of lady litigants.
Juvenile Courts
Juvenile justice in Pakistan
The parliament has passed the Juvenile Justice System Act 2018. The law is applicable to the
whole of Pakistan. It has repealed the Juvenile Justice System Ordinance 2000.
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.
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 favoritism. 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 passage of the 18th and 19th Constitutional Amendments, a new Judicial Commission
(named Judicial Commission of Pakistan) and Parliamentary Committee were established for
appointments. The Judicial Commission of Pakistan consists of a total of nine members: the
Chief Justice of Pakistan, four senior judges of the Supreme Court, a former Chief Justice or
judge of the Supreme Court nominated by the serving Chief Justice in consultation with the four
serving judges of the Supreme Court aforementioned, the Attorney General of Pakistan, the
Federal Minister for Law and Justice and, one senior advocate nominated by the Pakistan Bar
Council. The Parliamentary Committee confirms or may not confirm the nominee of the Judicial
Commission. All power of executive was curtailed by the judicial commission and president has
no discretionary power but only to approve the nominees. Prime minister has only ministerial
power regarding the appointment procedure.
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. But instead of 4 supreme court judges, 4 most senior high
court judges, provincial law minister and a member of provincial bar councils (such as Punjab
Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high
court judges. The age limit for the high court judge is minimum 45 years.
District & Sessions Judges
Additional District & Sessions Judges are appointed by the Provincial & federal 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 also
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 recognized university, and two 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. In sindh province, the appointments are made on the backdrop of a test
conducted by National testing service (NTS) which is primarily based on English language and
General knowledge. The candidates who manage to pass the first test then undertake another test
by NTS after which the successful candidates are chosen for the interview which is conducted by
the five most senior judges of high court including chief justice of sindh and candidate who
manage to pass the interview are recommended for the post of civil judge and judicial magistrate
who thereafter are appointed by the government of Sindh.