Police Organisations in Pakistan - Commonwealth Human Rights ...

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Each province and the Islamabad Capital Territory have a High Court. 27 Gilgit-Baltistan has the Supreme Appellate Court as the highest court of appeal, andChief Court as its high court. 28 Article 199 of the Constitution empowers theHigh Courts to issue directions, orders or writs for the enforcement offundamental rights and for various other purposes. Similarly, the Supreme Courthas the jurisdiction to issue an order when a question of public importancepertains to any of the Fundamental Rights conferred by Chapter I of Part II ofthe Constitution. Under the original Constitution of 1973, the President ofPakistan appointed the judges of superior courts in consultation with the ChiefJustice of Pakistan. The Constitution (Eighteenth Amendment) Act, 2010 hasprescribed a new mechanism in which the President will appoint judges of thesuperior courts after the names are proposed by the Judicial Commission ofPakistan and approved by a Parliamentary Committee. 29Below the High Courts are Sessions Courts, and below them are lower/subordinate (or trial courts) for both civil and criminal cases, with judicialmagistrates presiding over the latter. The lower courts, including the trial andthe Sessions Courts, are subordinate to and work under the direct supervisionof the concerned High Court. The judges of the lower courts are inducted underthe supervision of the High Court and are members of the judicial service of theprovince. The Sessions Courts exercise both original and appellate jurisdiction.Major offences like murder, robbery and rape cannot be tried in a court belowthe Sessions Court.The separation of judiciary and the executive was provided for under Article175(3) of the Constitution. 30 The Supreme Court and the provincial high courtsrecently recalled the judicial officers assigned administrative/executive duties.The executive has already been shorn of the judicial powers it had.There is also the Federal Shariat Court (FSC) comprising eight Muslim judges.It was established by former military dictator General Zia-ul-Haq through theintroduction of Article 203C which later became part of the Constitution (EighthAmendment) Act, 1985. The FSC can declare a law repugnant to the Injunctionsof Islam (as described in Article 227 of the Constitution) and thus the law ceasesto have effect. The Shariat Appellate Bench of the Supreme Court, againconsisting of Muslim members only, has the appellate jurisdiction against decisionsof the Federal Shariat Court.14
Hierarchy of Courts Competent to Hear Criminal Matters:Courts in Order of Authority 31Supreme Court of Pakistan(The apex court competent to hear appealsfrom High Court decisions)High Court(Highest court at the provincial level)Federal Shariat Court(Hears appeals under Hudood laws fromjudgements/orders of Sessions courts)Sessions Court(To try offences under the PPC and Hudood laws and hearappeals from judgements/orders of the Magistrates)Courts of the Judicial Magistrates of the First Class(To try offences punishable up to three years imprisonmentand forty five thousand rupees fine)Courts of the Judicial Magistrates of the Second Class(To try offences punishable up to one year imprisonment andfifteen thousand rupees fine)Courts of the Judicial Magistrates of the Third Class(To try offences punishable up to one month imprisonment andthree thousand rupees fine)1.8 AppealsAppeals against convictions in a trial presided over by a judicial Magistrate(involving an offence for which no Islamic punishment (hadd) is prescribed inthe substantive criminal law) are heard by the Sessions Court, whereas an appealin hudood cases from an order of the Sessions Court lies to the Federal ShariatCourt. Decisions of the Federal Shariat Court can be appealed before the ShariatAppellate Bench of the Supreme Court whereas a decision in an ordinary appealbefore the Sessions Court can then be appealed before the concerned high court.Similarly, decisions by Sessions Courts and some special courts can be appealedbefore the High Court. Decisions of high courts can be appealed before theSupreme Court of Pakistan.15
Page 1 and 2: HRCP/CHRI 2010POLICE ORGANISATIONSI
Page 4 and 5: ContentsAcknowledgements ..........
Page 6 and 7: AcknowledgementsHRCP and CHRI would
Page 8 and 9: 1Introduction1.1 Federation of Paki
Page 10 and 11: the federal government, such as the
Page 12 and 13: collecting fingerprints, footprints
Page 16 and 17: Administration of Justice in Pakist
Page 18 and 19: 2Provincial Policing in Pakistan2.1
Page 20 and 21: under him. These subordinate office
Page 22 and 23: Districts are grouped together to f
Page 24 and 25: 242.3 Field Establishment
Page 27 and 28: Criminal Investigation Department a
Page 29 and 30: k) ensure that the information abou
Page 31 and 32: Unfortunately, the notification and
Page 33 and 34: Recruitment and Training3The provin
Page 35 and 36: 3.1.4 TrainingAll provinces have po
Page 37 and 38: 3.2 Senior RanksInspector General o
Page 39 and 40: Dealing with Special Crimes, like t
Page 41 and 42: Federal Policing in Pakistan4It is
Page 43 and 44: Reservation and Allocation of Seats
Page 45 and 46: 4. Northern Areas Scouts This feder
Page 47 and 48: The collective strength of the vari
Page 49 and 50: the Gilgit-Baltistan (Empowerment a
Page 51 and 52: 4.3.9 Federal Investigation AgencyS
Page 53 and 54: identify and arrest most-wanted ter
Page 55 and 56: undertake initial investigations in
Page 57 and 58: advise the government on the perfor
Page 59 and 60: (SOP) about women’s protection is
Page 61 and 62: are in the process of being raised,
Page 63 and 64: 5.2.3 PunjabIn September 2008, the
Page 65 and 66:
11Entry 1 of the Federal Legislativ
Page 67 and 68:
The schedule lists the laws that ma
Page 69 and 70:
85Punjab Police website, Sanctioned
Page 71 and 72:
122Islamabad Capital Territory Poli
Page 73 and 74:
paper/local/karachi+fingerprints+co
Page 75 and 76:
The Friedrich-Naumann-Stiftung für
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