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. The superior judiciary is composed of the Supreme 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise powers of first-class magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898). As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. In this regard the Home Department Government of Sindh has issued a partially modified notification. Judicial magistrates possesses territorial jurisdiction police station wise as per notification issued by the Court of Session Judge. Power to delegate. It is also the final Court of Appeal in matters arising out of cases decided by the High Courts, and in this capacity, it replaces the Judicial Committee of the Privy Council, sitting in London. Notary Public & First Class Magistrate Attestation Service in Pakistan. The court appoints its own staff and frames its own rules of procedure. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. "Pakistani Women Are Leading the Struggle for Human Rights ", In May 2018 some Pakistani Judges complained of harassment and threats to Judges by Pakistani 'male' lawyer fraternity and bar associations. Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. The age limit for the high court judge is minimum 45 years. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. at Department of Law, Prestige Institute of Management and Research, Indore. They are Gilgit Baltistan and AJK. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. Army pledges full support for upcoming polls. Section 156(3) attempts to define powers briefly. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. No. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. 5. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The committee chooses from amongst serving or retired judges of the Supreme Court or the high courts or from amongst persons possessing the qualifications of judges of a high court. Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. Your email address will not be published. Courts of Judicial Magistrate of First Class. can cause a waste of time for clients as it may cause a dismissal or referral of Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. PART II. Basically, efforts were being made to replace the current judicial system with the system of Qazi and Majlis e Shura as it was practiced in the early day of Islam. [5] Mohd. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. Power to give directions. They must also pass an examination conducted by the High Courts. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. The conclusive proof of age is Occification Test. 6 of 1976), Article 3[(1)](a), Learn how and when to remove this template message, Chief Justice of the Federal Shariat Court, "Gilgit-Baltistan: A question of autonomy", "Pakistan is "mainstreaming" misogynist tribal justice", Constitution of Pakistan (1956), Article 148, Constitution (Eighteenth Amendment) Act, 2010 (Act No. SHARJEEL FOR EFFECTIVE RAIN EMERGENCY PLAN, IDEA ABOUT TO PLAY/RUN 30 CNG BUSES IN CITY, Kumail Nanjiani details his experience of working with Angelina Jolie, Penelope Cruz named best actress at Venice Film Festival, Ben Affleck fights off obsessive fan for getting too close to Jennifer Lopez, Princess Dianas rare aquamarine ring given to Meghan Markle symbolises trust, Angelina Jolie shares her views on child marriage: Its such a horror. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. Law prescribes their powers and functions. However at the same time they also exercise powers as criminal courts. Many judges who were appointed were relatives of other Judges or Government officials. A notification issued by the ECP on Tuesday said the powers had been granted under Section 86A to in-charge officers of the armed forces of an area deployed for providing security inside and outside polling stations on the polling day. 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. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The exams include various compulsory papers. The power under section 156(3) of the Code can be exercised by the Magistrate even before he takes the cognizance provided that the complaint discloses the commission of a cognizable offence. Required fields are marked *. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] There is also High Court in federal Capital Islamabad. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The case law has also been referred to. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. The federal power list refers to a list of areas/subjects on which the central government would exercise its authority. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. The Supreme Court in Madhu Bala v. Suresh Kumar,[4] held that it is not illegal by the Magistrate to order to the police to register the case and investigate it provided that the complaint filed before the Magistrate discloses the commission of any cognizable offence. In Mohd. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. 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. 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. Special Courts: Several special Courts and Tribunals have also been established through different laws to deal with specified matters such as Income Tax Tribunal, labour Courts, Family Courts, Rent Tribunals, Anti-Terrorism Courts, and Board of Revenues etc. Powers of Magistrate under section 156 (3) Cr.P.C. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. What are the powers of Magistrate under Cr.P.C.? The High Court is an appellate Court for all Civil and Criminal matters in the respective province. [1], As of 2017, Pakistan's judiciary is suffering from a backlog of two million cases, with lawsuits taking an average of nearly ten years to resolve. [20] To try civil suit up to the value of fifty thousand rupees; and 2. As a law student, I indeed have a fascination with legal research and legal writing. Advertisement ISLAMABAD: The Election WHEN it comes to press freedom, the arrest of journalist Shahid Aslam highlights the weaknesses in our democracy and KP Assembly dissolved as governor approves CM Mahmoods summary, Sindh LG polls: Imran says manipulated elections will aggravate polarisation, anarchy, Bajwa data leak: Islamabad court grants bail to journalist Shahid Aslam, 60 , . [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). [9] If a law is found to be 'repugnant', the Court notifies the relevant government, specifying the reasons for its decision. A person can be appointed as Qazi if he possesses a Sanad/Dars e Nizami from a renowned Darul Uloom or if he is a law graduate from a recognized university. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. Judicial magistrate second class. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. A netpreneur, blogger and above all; A Human :) Asad tweets from @aghaasadharoon, Power,gas uninterrupted supply across Pakistan on polling day, MUZAFFARGARH: Election for PP-254 postponed due to death of Tehrike-Tahaffuze-Pakistans candidate Mahar Mushtaq Khatira, Major emitters must assist global clean energy transition: Sherry Rehman, President Arif Alvi stresses collective efforts to resolve economic issues, Four terrorists were killed by forces in Hoshab, FM Bilawal felicitates Dr. Bimala Rai Paudyal on becoming Nepals FM, President for realizing the full potential of Pak-China bilateral trade, PM Shahbaz Sharif urges Narendra Modi to have serious talks on Kashmir, Three names forwarded to Governor for Punjab Caretaker CM. No. Required fields are marked *. The judges serve terms of three years, subject to extension by the President. [2] Tilaknagar Industries Ltd. v. the State of A.P., AIR 2012 SC 521. A high court is the principal court of its province.[1]. What are the different classifications of law? There is also provision for appointment of acting judges as well as ad hoc judges in the court. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. [1], According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. MIRPUR - The powers of First Class Magistrate have been delegated to all the presiding officers in connection with the forthcoming elections of Azad Jammu and Kashmir Legislative Assembly to be held on July 25, [2] According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. [3] Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. With regard to my interest in Corporate Laws, I am enthusiastic about exploring the corporate legal world. [1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise [2] provided for. The Executive Magistrate is under the control of State Government. Powered by Techzal.com. A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. 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However, when no proper investigation is conducted despite the registration of FIR, a Magistrate as per section 156(3) of the Criminal Procedure Code, 1973 is empowered to order the investigation. Power of Magistrate to Order Registration of Case and Investigation Difference between Accomplice, Co-Accused, and Approver. Trial of offences under Penal Code. In civil capacity in the province of Sindh and Balochistan as a civil judge these courts have jurisdiction to entertain the claims of third-class suits having a pecuniary limit up to fifty thousand rupees. 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. Trial of offences against other laws. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. to conduct an enquiry. The Election Commission has asked all Presiding The court consists of eight 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. Your email address will not be published. Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. Compunode.com Pvt. 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. It was held in the Kanak Singh v. Balabhadra Singh,[3] that very fact that the Magistrate passed the order for investigation under the sub-section without examining the complainant by itself is sufficient to hold that the Magistrate has not taken cognizance of the offence but the order was held not to be illegal and that the High Court could not prevent the police from investigating the offence under section 482. This list consists of defense, foreign policy, finance, tourism, etc. There is nothing illegal in doing so. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. Future appointments will be made in the same manner as those to the Supreme Court. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. As we made it easy to get their documents notarized and attested from First Class magistrate uses for various prospects in Pakistan & for living aboard. [1] Bateshewar Singh v. the State of Bihar, 1992 Cr LJ 2122 (Pat). KARACHI: The Election Commission of Pakistan (ECP) has authorised the presiding officers, appointed for each polling station for the local government elections in Sindh, to exercise The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. All Magistrates are subordinate to the Sessions Judge of their respective division. 27. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. It does not expressly and exhaustively provides for the powers and its extent. Civil and Family Appeals and Civil Revisions against the Judgements and orders of courts of senior civil judges, civil judges, rent controllers, and family courts are entertained by the court of district judge which transfers the same to additional district judges as well. 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. 5. Trial of offences under Penal Code. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. 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. 3. Afaq Jahan, AIR 2006 SC 705. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Save my name, email, and website in this browser for the next time I comment. InUnion of India v. Prakash P. Hinduja and another,[7] it has been observed that a Magistrate cannot interfere with the investigation by the police. Notify me of follow-up comments by email. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. Magistrates fall under three main categories namely Magistrates of first class, Magistrates of Second Class and Magistrate of third Class. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. Court fee and process fee of the Qazi courts are levied according to the provisions of Dasturul Amal Diwani of Kalat. Officers of the rank of Captains (within 3 to 6 years' service) and equivalents from defense services are also inducted (in three occupational groups; P.A.S, Police and Foreign Services) on allocated quota after recommendations of Chairman Federal Public Service Commission. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. PTI's return to the parliament would be a better and more democratic route than turning by-elections into 'referendums'. Federal Shariah Court: Federal Sharaih Courts have been established to examine and decide the question whether or not any provision of law is repugnant to the Injunctions of Islam as laid down in the Holy Quran and Sunnah of the Prophet (peace be upon him). The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. Powers of Magistrate under section 144 Cr.P.C. Qazi courts: This idea of Qazi courts gained momentum during the 1980s Islamization program. 2) if Registration has not been done within one year; the registration can be made any time by submitting the affidavit before the first class magistrate or Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal remedies but this idea could not be implemented on a national level. 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. This section does not deal with cases of the ordinary public nuisance but the cases where the urgency demands setting aside all the formalities to the making of an order. Proceedings before the Qazi courts are according to the Civil Procedure Code. The lame-duck administration is unable to take the tough decisions needed. to require security for good behaviour from persons disseminating seditious matter, to require security of good behaviour from habitual offenders, to discharge sureties, to record statements and confessions, to tender a pardon to an accomplice, to order for maintenance of wives and children in case of neglect, Information to the Police and their Power to Investigate. [16] Dr Sajida Ahmed Chaudhry has been quoted saying, ".if the district judges were supposed to be snubbed, abused, mentally and physically tortured by the lawyers during court hours but their honour and dignity could not be protected by the top judiciary, the district judges are ready to surrender their extra perks like cars, laptops, etc."[16], When the male as well as the female judges are harassed at our courts, I feel compelled and frustrated either to burn all my educational degrees one by one in front of the LHC or in front of the Supreme Court so that none of the girls among the 230 million population should dare to come and join judiciary,[16], According to Rubya Mehdi Pakistan Judiciary is quite corrupt to the extent that it is said in Pakistan that even walls of judicial offices seek bribes; in this scenario in spite of Islamic traditions did not favor female judicial officers still popular public opinion was in very much welcoming appointments of female judges since they were less approachable for corruption; and for the same reason Pakistani male advocates behave adversely to Pakistan's women judges since they find them difficult to be approached and bribed. 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. There is no merit system for selection of Judges to higher Judiciary. An investigation is done post FIR. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. redistributed or derived from. Unless otherwise stated, all content is Judicial magistrate first class. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. 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. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. If the Magistrate on an application under Section 156(3) Cr.P.C. In every town and city, there are numerous civil and judicial magistrates' courts. 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. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. As per constitution of Pakistan,they are being governed by Government of Pakistan on interim basis. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. The provincial government that exercise administrative control over them appoints such officers. The court of the district and sessions judge usually hears administrative applications against lower courts orders. Notary Public & First Class Magistrate Attestation Service in Pakistan. 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Next time I comment rupees ; and 2 incicates their being of 1st Class Category of:! Easy to access quality public healthcare in Sindh appointment, Lawyers must have ten years ' experience an... District & sessions judges are appointed by the President e Amd ( culpable homicide ), rape, dacoity. The second lowest level of the four High courts in Pakistan Court of its province. [ ]... Rape, defamation dacoity etc to Additional sessions judges and judicial magistrates ' courts as ad hoc judges the. Review the decisions of federal Shariat Court is Justice Sheikh Najam ul Hasan an investigation C.B.I! Separate Camera trial of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic.. The control of State Government annually, which are advertised in national newspapers content is judicial Magistrate special. 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