Jurisdiction of Courts in Pakistan
SUPREME COURT
- Article 184(1): Original jurisdiction in inter-governmental disputes, issues declaratory judgments.
- Article 184(3): Enforcement of Fundamental Rights involving an issue of public importance.
- Article 185(2): Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment.
- Article 185(2): Appeal in civil cases when the value of claim exceeds fifty thousand rupees.
- Article 185(2): Appeal when High Court certifies that the case involves interpretation of the Constitution.
- Article 185(3): Appeal (subject to grant of leave) from High Court judgment/order.
- Article 186: Advisory jurisdiction on any question of law involving public importance referred by the President.
- Article 187: To issue directions/orders for doing complete justice in a pending case/matter.
- Article 188: To review any of its own judgment/order.
- Article 204: To punish for its contempt.
- Article 212: Appeal from Administrative courts/tribunals.
- Article 203F: Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat Court.
FEDERAL SHARIAT COURT
- Article 203-D: To determine whether a provision of law is repugnant to the Injunctions of Islam.
- Article 203 DD: Revisional Jurisdiction in cases under Hudood laws.
- Article 203 E: To review its judgment/order.
- Article 203 E: To punish for its contempt.
- Under Hudood laws: Hears appeals from judgment/order of criminal courts.
HIGH COURT
- Article 199(1): To issue 5 writs namely mandamus, prohibition, certiorari, habeas corpus and quo warranto.
- Article 199(2): Enforcement of Fundamental Rights.
- Article 203: To supervise/control subordinate courts.
- Article 204: To punish for its contempt.
- To hear appeal under S.100 of CPC.
- To decide reference under S.100 of CPC.
- Power of review under S.114 of CPC.
- Power of revision under S.115 of CPC.
- Appeals under S.410 of Cr.P.C.
- Appeals against acquittal under S.411-A(2) of Cr.P.C.
- Appeals against judgment/decree/order of tribunals under special laws.
- To issue directions of the nature of habeas corpus under S.491 of Cr.P.C.
- Power of revision under S.439 Cr.P.C.
DISTRICT & SESSIONS JUDGE
- Appeal against judgment/decree of a Civil Judge under S.96 of CPC.
- Appeal against order under S.104 of CPC.
- Power of revision under S.115 of CPC.
- Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC.
- Murder trial under S.265 of the Cr.P.C.
- Criminal trial under Hudood laws.
- Appeals under S.408 of Cr.P.C.
- Power of revision under S.439-A of Cr.P.C.
- To issue directions of the nature of habeas corpus under S.491 of Cr.P.C.
- Decides pre-arrest bail applications under S 498 of the Cr. PC.
- Being An exofficio Justice of the Peace may issue appropriate directions to the police authorities concerned on a complaint regarding:
- (i) non-registration of a criminal case;
- (ii) transfer of investigation from one police officer to another;
- (iii) neglect, failure or excess committed by a police authority in relation to its functions and duties.
CIVIL JUDGE 1ST CLASS
- To try all civil suits, there is no pecuniary limit on its jurisdiction.
- In certain jurisdictions also designated as Rent Controller.
- In certain jurisdictions also designated as Judge, Family Court.
CIVIL JUDGE 2ND CLASS
- To try civil suit up to the value of Rs. 50,00,00/- ( Rs. 5- Million).
- In certain jurisdictions designated as Rent Controller/Judge, Family Court.
CIVIL JUDGE 3RD CLASS
- To try civil suit up to the value of Rs. 10,00,000/- ( Rs. 1-Million).
MAGISTRATE 1ST CLASS
- To try offences punishable up to 3 years imprisonment and forty-five thousand rupees fine.
- As Mobile Court under S. 12 Cr.P.C.
- As Judicial Magistrate under S 14 Cr.P.C As Area Magistrate to handle:
- i. Remands
- ii. Discharge Reports etc.
MAGISTRATE 2ND CLASS
- To try offences punishable up to 1 year.
MAGISTRATE 3RD CLASS
- Fifteen thousand rupees fine.
- Magistrate empowered under S.30 of Cr.P.C:
- To try all offences not punishable with death.
- But can’t pass a sentence of death or imprisonment exceeding 7 years.