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Essays on Judicial System of Pakistan

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The Judicial System of Pakistan by Dr Faqir Hussain
Registrar, Supreme Court of Pakistan

Revised 15th February 2011

The Judicial System of Pakistan

S. No 1 2 General Historical Retrospect 2.1 2.2 2.3 3 4 Hindu Period Muslim Period British Period

Contents

Page No 1 2 2 3 4 6 7 10 13 15 17 17 18 18 19 23 23 24 24 24 28 28 28 28 29 29

Post-Independence Evolution Superior Judiciary 4.1 4.2 4.3 Supreme Court High Courts Federal Shariat Court Subordinate Courts Special Courts and Tribunals 6.1 Service Tribunals

5 6

7 8 9

Procedural Law Terms and Conditions of Service of subordinate Judiciary Organisation and Strength of Judicial Hierarchy 9.1 9.2 9.3 Judges Administrative Staff Administrative Tribunals

10 11

Court Jurisdiction …show more content…

The judges were appointed on the basis of their qualifications and scholarship but the choice was mostly restricted to upper caste i.e. Brahmins.

At the village level, tribunals dispensed justice, consisting of the assembly of the village, or the caste or the family1. The village Headman acted as Judge/Magistrate for the community. Decisions by such tribunals were usually through conciliation. The decisions of village/town courts/tribunals were appealable in the higher courts and final appeal lay before the King’s Court. Besides, judgment by the courts, the system of arbitration was also invoked.

As regards the procedure followed in the courts/tribunals, no formal rules existed, as the law applicable was not statutory but customary or moral. The determination of truth and punishment of the wrong-doer was regarded as a religious duty. Civil proceedings commenced with the filing of a claim which was replied to by the opposite party. Both parties were allowed to produce witnesses so as to prove their respective claims. On the conclusion of the trial, decision was pronounced which was duly enforced. It appears thus, that the system of administration of justice, as it operated in ancient India, was not substantially different from

1

Law Commission of India’s 14th Report, 1958, Vol1, p 26

The Judicial System of Pakistan

4 what it is in the modern times. In a sense, the current system seems to be a continuation of the former practices and procedures.

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