QUESTION NO 2:

The judiciary of Pakistan is a hierarchical system with two classes of courts: the
superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior
judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court
and five High Courts, with the Supreme Court at the apex. The subordinate
judiciary consists of civil and criminal district courts, and many specialized courts.
SUPREME COURT OF PAKISTAN:
It is the apex court in the judicial hierarchy of Pakistan. Established in accordance
to the part VII of the Constitution of Pakistan, In the court system of Pakistan, the
Supreme Court is the final arbiter of legal and constitutional disputes as well as
final interpreter of constitutional law, and the highest court of appeal in Pakistan.
Supreme Court consists of Chief Justice of Pakistan, sixteen justices and two ad-
hoc who are confirmed to their appointment by the President upon their
nominations from the Prime Minister's selection based on their merited
qualifications.
Federal Shariah Court:
It is a prestigious court which has the power to examine and determine whether the
laws of the country comply with Islamic Shari'a law. It consists of 8 Muslim
judges appointed by the President of Pakistan after consulting the Chief Justice of
this Court, from amongst the serving or retired judges of the Supreme Court or a
High Court or from amongst persons possessing the qualifications of judges of a
High Court. The judges hold office for a period of 3 years, which may eventually
be extended by the President.
High Court:
There is a High Court for each of the four provinces as well as a High Court for the
Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior
judiciary with the obligation to preserve, protect and defend the constitution. each
High Court shall have power throughout the territories in relation to which it
exercise jurisdiction, to issue to any person or authority, including in appropriate
cases any Government directions, orders or writs, mandamus, prohibition, quo
warrant and certiorari, for the enforcement of any of the rights conferred by Part II
and for any other purpose.
District Court:
The District Courts of Pakistan are courts that operate at the district level, they are
controlled by the high courts. District courts exist in every district of each
province, with civil and criminal jurisdiction. In each District Headquarters, there
are numerous Additional District & Session Judges who usually preside the courts.
District & sessions Judge has executive and judicial power all over the district
under his jurisdiction.
Session Courts:
Session court is also a trial court for heinous offences such as Murder, Rape,
Haraba offences (armed robbery where specific amount of gold and cash is
involved), it also appellate court for summary conviction offences and civil suits of
lesser value. When it is hearing criminal cases it is called session court and when it
is hearing civil cases it becomes District court.
Magistrate Court:
A Magistrate with the powers of section 30 of Criminal Procedure Code has the
jurisdiction to hear all criminal matters other than those which carry the death
penalty (such as attempted murder, dacoity, robbery, extortion, etc.), but may only
pass a sentence of up to three years' imprisonment or fine or both. Every
Magistrates' Court is allocated a local jurisdiction, usually encompassing one or
more Police Stations in the area. Trial of all non-billable offences, including police
remand notices, accused discharges, arrest and search warrants, and bail
applications, are heard and decided by Magistrate Courts.
Family Court:
These courts have exclusive jurisdiction over matters relating to personal status.
Appeals from the Family Courts lie with the High Court, where the Family Court is
presided by a District Judge, an Additional District Judge, or a person notified by
the Government to be the rank and status of a District Judge or an Additional
District Judge and to the District Court, in any other case.
Juvenile Court:
There is no Juvenile Court exists in Pakistan although an ordinance of Juvenile
Justice System Act is passed. The High Courts have been conferring status of the
juvenile courts on the existing courts. Section 6 of the JJSO prescribes special
procedure for the juvenile courts which involves issues like not ordinarily taking
up any other case on a day when the case of a child accused is fixed for evidence
on such day; attendance of only specified persons in the court; and dispensing with
the attendance of the child in the trial.