Hierarchy of Courts in Pakistan.
Understanding the judicial system of Pakistan requires the knowledge of its structured hierarchy. The hierarchy of courts in Pakistan is organized into two primary categories: Constitutional Courts and Lower Courts. Each category serves a distinct function in upholding the rule of law and ensuring justice across the nation.
Constitutional Courts
The constitutional courts, also known as superior courts are the top judicial forums in the hierarchy of courts in Pakistan. These courts are constituted by the constitution of Pakistan. The appointment of judges in these courts and their jurisdiction is governed by the constitution. There are mainly three constitutional courts in Pakistan which include the following.
1. Supreme Court of Pakistan
Supreme Court is the highest court in hierarchy of courts in Pakistan. Ithas original, appellate and advisory jurisdiction. The Supreme Court handles constitutional matters, appeals against the decisions of the High Courts and other significant cases. The Shariat Appellate Bench at Supreme Court dicides the appeals against the decisions of Federal Sharial Court. The building of Supreme Court is situated at Islamabad, the capital of Pakistan. The decisions of Supreme Court are binding on all the courts of the country.
2. Federal Shariat Court
The Federal Shariat Cout is an apex court in Pakistan having original jurisdiction to decide whether a law is inconformity with the injunctions of Islam as laid down in Quran and Sunnah of Prophet Muhammad, Peace Be Upon Him. Federal Shariat Court also hears appeals in Hudood Cases.
3. High Courts
There are five High Courts, one in each province and one in the Islamabad Capital Territory.
1- Lahore High Court (Punjab)
2- Sindh High Court (Sindh)
3- Peshawar High Court (Khyber Pakhtunkhwa)
4- Balochistan High Court (Balochistan)
5- Islamabad High Court (Islamabad Capital Territory)
The High Courts handle civil and crimenal cases, constitutional petitions and appeals from the lower courts.
Lower Courts
In the lower hierarchy of courts in Pakistan there are subordinate or lower courts in each district of the country which work under the supervision of High Courts. The lower courts handle a range of cases, from serious criminal matters to minor civil disputes. The lower courts in Pakistan include the following:
1- District Courts
The district courts are the principal civil courts at district level. These courts have the original jurisdiction to hear civil cases of significant value and complexity as well as the appellate jurisdiction to decide appeals from the civil court.
2- Courts of Sessions
The courts of sessions are the criminal courts at district level. These courts conduct trial of serious criminal cases and decide appeals against the decisions of the courts of magistrate.
3- Civil Courts
Civil Courts are generally the courts of first instance in civil matters. These courts handle all civil cases except those in which the district courts have original jurisdiction. In civil matters the civil courts are the lowest in hierarchy of courts in Pakistan.
4- Courts of Magistrate
In criminal matters the courts of magistrate are the lowest in hierarchy of courts in Pakistan. These courts deal with the criminal cases and conduct trial of the offences not tried by the courts of sessions.
Special Courts
In addition to the regular courts mentioned above, Pakistan has several special courts to address specific types of cases. In hierarchy of courts these special courts come under the category of the lower courts and generally work under the high courts.
Anti-Terrorism Courts
These courts handle cases related to terrorism and acts of violence against the state.
Family Courts
The family courts deal with family-related matters such as divorce, child custody, and maintenance.
Other Special Courts
Other special courts in Pakistan include Labor Courts, Drug Courts, Consumer Courts, Federal Service Tribunals and others that address specific legal areas.
Conclusion
The hierarchy of courts in Pakistan ensures a comprehensive and organized judicial system, providing various levels of legal recourse and specialized forums to address the diverse legal needs of the country. By understanding this hierarchy, individuals can better navigate the legal landscape and seek appropriate judicial intervention for their cases.