Understanding Pakistani Judiciary: A Breakdown of Judge Types

Judges play a central role in Pakistan’s judicial system, serving different purposes to make sure law is followed and justice is served. In Pakistan, almost all judges start their careers in the same category, usually either civil judges or judicial magistrates but they are called by different names because of the area of law they are assigned to oversee. For instance, Civil judges deal with civil disputes, while judicial magistrates deal with cases related mostly to criminal offenses. Depending on the area of law they oversee, they may also be called Rent Controllers for rental disputes, Family Court Judges for family-related cases, or Anti-Terrorism Court Judges for terrorism-related cases. These titles highlight the diverse areas of law they are assigned to adjudicate. In this blog we will look at the different types of judges in Pakistan, categorized by their roles and areas of specialization, to understand how Pakistan’s judicial system works.

1. Civil Judges: Civil Judges are the most significant part of the sub-judicial system of Pakistan. They deal with civil disputes in property, contract, and family matters, which means anything that’s not criminal. Civil Judges are categorized into First, Second, and Third classes based on the value of the claim they adjudicate.

Civil Judges Third Class:

• Jurisdiction: Handles all civil disputes.
• Types of cases: Minor property disputes, small contract issues, and family matters with lower financial stakes.
• Punishments: Civil Judges usually don’t impose punishments, they decide between the parties in disputes regarding judgments and decrees. They have the authority to award damages, as well as enforce contracts and provide injunctions.

Civil Judges Second Class:

• Jurisdiction: Deals with medium-value claims and civil disputes.
• Types of cases: More significant property disputes, higher-value contract issues, and family matters with moderate financial stakes.
• Punishments: Like Civil Judge Third Class, they adjudicate a variety of disputes by giving judgments and decrees that order compensations or enforce contracts by issuing injunctions.

Civil Judges First Class:

• Jurisdiction: Responsible for high-value claims and more complex civil cases.
• Types of cases: Major property disputes, high-value contract issues, complex family matters, and other significant civil disputes.
• Punishments: They can grant full judgments and decrees, for example making large awards of damages enforcing complicated contracts, or issuing complex.

2. Judicial Magistrates: Judicial Magistrates are of the same category as civil judges but they are called judicial Magistrates because they are assigned criminal adjudication. These judges primarily hear criminal cases, which are mostly misdemeanors. Judicial magistrates are integral to the maintenance of law and order as they take care of all ordinary cases such as theft, assault, or other minor criminal activities. Judicial Magistrates are generally divided into two classes; First Class and Second Class, with First Class magistrates handling more serious minor offenses.

Judicial Magistrates Second Class:

• Jurisdiction: Handles less serious minor offenses.
• Types of Cases: Theft, Minor Assault, Public Nuisance, and other minor criminal offenses.
• Punishments: Can impose fines and sentences of imprisonment up to one year.

Judicial Magistrates First Class:

• Jurisdiction: Deals with more serious minor criminal cases.
• Types of Cases: More significant theft, assaults, fraud, and other criminal offenses that do not warrant severe punishments.
• Punishments: Impose fines and sentences of imprisonment of up to three years.
• Session Judges: After having gained the required experience as civil judges and judicial magistrates, most judges from the lower judiciary get promoted into session or district judges based on their level of experience and seniority. Session judges have jurisdiction over serious criminal cases like Murder, Robbery, and other grave crimes. Session judges are typically divided into two two categories; Additional Sessions Judges, who assist in handling the caseload within a district, and District & Sessions Judges, who are the highest authority in a district for criminal matters. In addition to criminal cases, they also hear appeals from decisions made by lower courts, providing an essential check and balance within the judicial process.

3. Additional Sessions Judge:

• Jurisdiction: Assists the Districts & Sessions judge by handling cases assigned to them.
• Types of Cases: Serious criminal cases, including those involving significant violence or complex legal issues.
• Punishments: Can impose any sentence authorized by law, except the death penalty, which requires confirmation by the District & Sessions judge.

4. District & Sessions Judge:

• Jurisdiction: The highest authority in a district for criminal cases.
• Types of Cases: Handles the most serious criminal cases, including murder, robbery, and sexual offenses. Also hears appeals from lower courts.
• Punishments: Can impose any sentence authorized by law, including the death penalty.
• High Court Judges: In Pakistan, high court judges hold the second highest judicial authority in the country, they serve as a link between lower courts and the supreme court of Pakistan. High Court judges hold significant responsibility in adjudicating a wide range of cases, from civil and criminal cases to more complex constitutional matters. They hear the appeals from lower courts as well as they have the original jurisdiction in specific cases, including constitutional petitions. In high courts, there are Puisne judges which are regular judges of the high courts who hear all kinds of cases, from civil, criminal, and constitutional to more specialized areas of law. And there is Chief Justice of the high court which performs the administrative duties of the provincial judiciary system.

5. Puisne Judges:

• Role: Puisne Judges are the regular judges of the High Court who are not the Chief Justice. They handle a wide range of cases, including civil, criminal, and constitutional matters.
• Jurisdiction: They have the authority to hear appeals from lower courts, original jurisdiction cases, and constitutional petitions.
• Responsibilities: Puisne Judges interpret and apply the law, issue judgments and decrees, and ensure that justice is served in the cases they handle. They also contribute to the development of legal precedents that guide lower courts.

6. Chief Justice:

• Role: The Chief Justice is the head of the High Court and holds the highest judicial authority within the court. They oversee the administration of the court and ensure the efficient functioning of the judiciary.
• Jurisdiction: The Chief Justice has the same judicial powers as Puisne Judges but also has additional administrative responsibilities. They can constitute benches, assign cases, and oversee the overall management of the court.
• Responsibilities: In addition to hearing cases, the Chief Justice ensures the smooth operation of the court, manages judicial appointments, and represents the judiciary in interactions with other branches of government. They play a crucial role in maintaining the integrity and independence of the judiciary.
• Supreme Court Judges: Judges of the Supreme Court of Pakistan hold the highest authority in any legal case. They have extraordinary responsibility because they do more than just solve disputes, they make decisions that define and interpret the law for the whole country. Their ruling serves as building precedents for lower courts throughout the country. They have jurisdiction over a wide range of cases involving constitutional questions, and criminal and civil appeals where individuals ask for their lives or civil rights. There are several Associate Judges of the Supreme Court along with the Chief Justice of Pakistan acting as the highest judicial authority in the country.

7. Associate Judges of Supreme Court:

• Role: Associate Judges are the regular judges of the Supreme Court who are not the Chief Justice. They handle a wide range of cases, including civil, criminal, and constitutional matters.
• Jurisdiction: They have the authority to hear appeals from the High Courts, original jurisdiction cases, and constitutional petitions.
• Responsibilities: Associate Judges interpret and apply the law, issue judgments and decrees, and ensure that justice is served in the cases they handle. They also contribute to the development of legal precedents that guide lower courts and the entire judicial system.

8. Chief Justice of Pakistan:

• Role: The Chief Justice of Pakistan is the head of the Supreme Court and holds the highest judicial authority in the country. They oversee the administration of the Supreme Court and ensure the efficient functioning of the judiciary at the national level.
• Jurisdiction: The Chief Justice has the same judicial powers as Associate Judges but also has additional administrative responsibilities. They can constitute benches, assign cases, and oversee the overall management of the court.
• Responsibilities: In addition to hearing cases, the Chief Justice ensures the smooth operation of the Supreme Court, manages judicial appointments, and represents the judiciary in interactions with other branches of government. They play a crucial role in maintaining the integrity and independence of the judiciary.
• Other Specialized Judges: Specialized judges are initially civil judges or judicial magistrates who preside over courts with limited or specific jurisdiction, focusing on particular areas of law. These judges often have expertise in specific legal fields, which allows them to handle complex cases more efficiently and effectively. Here are some examples of specialized courts and judges:
• Rent Controllers (Rent Judges):

Role: Handle disputes between landlords and tenants, including issues like eviction, rent determination, and lease agreements.

• Family Court Judges:

Role: Deal with family-related matters such as divorce, child custody, maintenance (alimony), guardianship, and inheritance disputes.

Jurisdiction: Governed by the Family Courts Act, of 1964, they operate in Family Courts across the country.

• Anti-Terrorism Court Judges:

Role: Specialize in cases related to terrorism, including offenses under the Anti-Terrorism Act, of 1997.

Jurisdiction: They preside over AntiTerrorism Courts (ATCs) and handle cases involving acts of terrorism, sectarian violence, and related offenses.

• Labor Court Judges:

Role: Address disputes related to labor and employment, including wrongful termination, wage disputes, and workers’ rights.

Jurisdiction: Governed by the Industrial Relations Act, 2012 (or respective provincial laws), they operate in Labor Courts and Industrial Tribunals.

• Customs and Taxation Judges:

Role: Handle cases related to customs duties, taxation, smuggling, and other revenue-related disputes.

Jurisdiction: Governed by various tax laws, they operate in Customs, Excise, and Taxation Courts.

• Banking Court Judges:

Role: Handle cases involving financial institutions, including loan defaults, recovery of debts, and disputes between banks and customers.

Jurisdiction: Governed by the Financial Institutions (Recovery of Finances) Ordinance, 2001, they operate in Banking Courts.