ISLAMABAD   -  A delegation of National Defense University (NDU) headed by Major General Rahat Naseem Khan Friday met with Chief Justice of Pakistan Justice Gulzar Ahmed.

While addressing the 218 members of the delegation, the Chief Justice gave an overview of the judicial system of Pakistan, composition and functioning of different tiers of judicial system including superior courts as well as district courts. The CJP also briefed them about the constitutional responsibilities and jurisdiction conferred upon the courts for smooth dispensation of justice to the public at large.

He said that under the 1973 Constitution, the Supreme Court, High Court of each Province and Islamabad Capital Territory have been established, while all other courts have been established under the law.

 He further said that there is four-tier judicial system to hear civil and criminal cases. On the civil side, at the lowest and first tier there are the Civil Judges and on the criminal side, at the lowest and first tier there are the Judicial Magistrates.

 Justice Gulzar said that the civil judges have been conferred jurisdiction to try all suits of civil nature i.e. suits related to recovery of money, moveable and immoveable properties and applications relating to matrimonial and family disputes, child custody matters and disputes between the landlord and tenant.

On the criminal side there are three classes of Judicial Magistrates and they have been conferred jurisdiction to try criminal cases.

 He added that the second tier of courts is the court of district and sessions’ judge and additional district and sessions’ judge. The District and Sessions Judges and the Additional District and Sessions Judges have two distinct jurisdictions, that of dealing with civil matters and criminal matters.

 He continued that the third tier of courts is the High Court for each Province including for the Islamabad Capital Territory. It has been conferred jurisdiction to hear appeals, references, review and revisions arising from the orders, judgments and decrees passed by the subordinate Courts of civil and criminal jurisdictions. The High Court also conferred jurisdiction of judicial review under Article 199 of the Constitution to pass writ of certiorari, writ of mandamus, writ of quo warranto, writ of habeas corpus and writ of prohibition.

 The CJP also said that there is a Federal Shariat Court established under Article 203C of the Constitution. Under Article 203D it has jurisdiction to examine and decide the question whether or not any law or any provision of law is repugnant to the Injunctions of Islam. Under Article 203DD it has jurisdiction to decide any appeal arising out of any criminal Court under the enforcement of Hudood Laws.

 He added that the fourth tier of Courts is the Supreme Court of Pakistan. Under Article 184(1) of the Constitution, the Supreme Court has been conferred the original jurisdiction to the exclusion of every other Court, in any dispute between two or more Governments, and the term Government has been explained to mean Federal Government and the Provincial Governments, in which case the Supreme Court shall pronounce declaratory judgment.

 Justice Gulzar informed the participants of the delegation that under Article 184(3) of the Constitution, the Supreme Court has also been conferred the original jurisdiction in matters relating to question of public importance with reference to enforcement of any of the fundamental rights. Under Article 185 of the Constitution, the Supreme Court has been conferred the appellate jurisdiction to hear appeals from judgments, decrees, final orders or sentences passed by the High Courts.

 He added that under Article 186 of 6 the Constitution, the Supreme Court has been conferred advisory jurisdiction that if, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.

 The Chief Justice said that there are many other courts established under various laws, which include, Accountability Courts, Commercial Courts, Anti-Terrorism Courts, Anti-Corruption Courts, Special Courts (Offences in Banks), Special Courts (Control of Narcotic Substances), Special Courts Customs, Taxation and Anti-Smuggling, and Labour Courts, etc. There are many Tribunals established under Article 212 of the Constitution.