Jurisdiction Of Courts In Pakistan

 

In Pakistan, the jurisdiction of courts is determined by the Constitution of Pakistan and various laws enacted by the Parliament. The court system in Pakistan is hierarchical, with different levels of courts having different jurisdictions. The following is a detailed explanation of the jurisdiction of courts in Pakistan.

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1. Supreme Court of Pakistan:
The Supreme Court of Pakistan is the highest court in the country and has both original and appellate jurisdiction. Its jurisdiction is defined under Article 184(3) of the Constitution. The original jurisdiction of the Supreme Court allows it to hear cases involving questions of public importance with regard to fundamental rights. It can also take suo moto notice of matters of public interest. The appellate jurisdiction of the Supreme Court includes hearing appeals against judgments and orders passed by the High Courts or any other tribunal or authority.

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2. High Courts:
Pakistan has four High Courts, one for each province, namely Lahore High Court, Sindh High Court, Peshawar High Court, and Balochistan High Court. Each High Court has original, appellate, and revisional jurisdiction within its territorial limits.

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a) Original Jurisdiction: The High Courts have original jurisdiction to hear cases involving civil matters exceeding a certain pecuniary limit as prescribed by law. They also have original jurisdiction in cases related to constitutional matters, writ petitions, and cases involving violation of fundamental rights.

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b) Appellate Jurisdiction: The High Courts have appellate jurisdiction over civil and criminal cases decided by subordinate courts within their territorial limits. They can hear appeals against judgments and orders passed by District and Sessions Courts, as well as other tribunals and authorities.

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c) Revisional Jurisdiction: The High Courts can exercise revisional jurisdiction over cases decided by subordinate courts to ensure that justice is done according to law.

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3. District and Sessions Courts:
District and Sessions Courts are established at the district level throughout Pakistan. They have both original and appellate jurisdiction.

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a) Original Jurisdiction: District and Sessions Courts have original jurisdiction to hear civil cases of unlimited value. They also have jurisdiction over criminal cases where the punishment is not more than seven years of imprisonment or a fine exceeding a certain amount as prescribed by law.

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b) Appellate Jurisdiction: District and Sessions Courts can hear appeals against judgments and orders passed by subordinate courts within their territorial jurisdiction.

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4. Subordinate Courts:
Subordinate courts include Civil Courts, Criminal Courts, Family Courts, and other specialized tribunals established under specific laws. These courts have limited jurisdiction and are subordinate to the District and Sessions Courts.

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a) Civil Courts: Civil Courts have jurisdiction to hear civil cases up to a certain pecuniary limit as prescribed by law. They can also exercise certain powers conferred by specific laws.

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b) Criminal Courts: Criminal Courts have jurisdiction to try criminal cases where the punishment exceeds the jurisdiction of Magistrates. They can impose sentences up to a certain limit as prescribed by law.

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c) Family Courts: Family Courts have jurisdiction over matters related to family disputes, including divorce, custody of children, maintenance, and inheritance.

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d) Specialized Tribunals: Specialized tribunals are established under specific laws to deal with matters related to specific areas such as labor disputes, taxation, banking, etc.

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It is important to note that the jurisdiction of courts in Pakistan may vary based on the specific laws enacted by the Parliament or provincial legislatures. The Constitution of Pakistan provides a framework for the jurisdiction of courts but allows for flexibility in defining their powers through legislation.

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