BRIEF HISTORY OF KARAK
District Karak is situated to the south of Kohat District and on the north side of Bannu and Lakki Marwat districts on the main Indus Highway between Peshawar and Karachi. It is 123 km away from the provincial capital Peshawar. It gained a district status in 1982, prior to which it was part of Kohat District. District Karak is blessed with mineral resources i.e. salt mines, oil, gas, and uranium have all been discovered here. Mr. Ameer Gulab Khan was the first District & Sessions Judge at Karak, and so on…..... and presently Mr. Nasrullah Khan Gandapur is the present District & Sessions Judge.
INTRODUCTION TO DISTRICT JUDICIARY
District Courts plays pivotal role in giving expeditious justice to the people of Islamic Republic of Pakistan under article (37(d) of 1973 of the Constitution). District judiciary works under umbrella of the Hon’ble Peshawar High Courts, Peshawar. It normally deals with the cases both civil and criminal in nature. The criminal cases are adjudicating under the Criminal Procedure Code 1898 whereas the civil cases are dealt with under Civil Procedure Code 1908. Hierarchically, each District holds Senior Civil Judge/Civil Judges/Judicial Magistrates at Headquarters and Civil Judge/ judicial Magistrate at town level alongwith Additional District & Sessions Judges at the same level but having appellate jurisdiction with powers judicially equal to that of District & Sessions Judge however, the District & Sessions Judge have both the judicial and executive powers. The High Court of each province has appellate jurisdiction over the District judiciary whereas the Supreme Court has exclusive jurisdiction over disputes between and among the provincial governments, and appellate jurisdiction over the High Court decision.
Timing of the district courts are usually scheduled by the Peshawar High Court according to the rotation of the earth and such timing is strictly followed by the district courts thus giving a proof of full chain and command from top to bottom. Routine business of each court starts with recitation of Holy Quran and then the fixed cases as per cause list maintained by the Readers, are heard and finally orders announced.
COURT OF DISTRICT & SESSIONS JUDGE
The Judicial set up at District level is headed by the District & Sessions Judge Karak, four Additional District & Sessions Judges, a Senior Civil Judge and seven Civil judges/judicial magistrates, are working. Cases are usually allotted by administrative orders of District & Sessions Judges. District & Sessions Judge when hear civil and criminal cases, is called the District Judge as well as Sessions Judge, respectively. The trial of heinous offences is filed in the Courts of Sessions under criminal procedure code 1898. Similarly, the court of District Judge usually filed and heard administrative appeals/applications against lower courts orders under Civil Procedure Code 1908. Additional District & Sessions Judge has the same judicial power as that of District & Sessions Judge except the Administrative Powers which are only exercised by the District & Sessions Judge however in his absence, the senior most Additional District & Sessions Judge at the district enjoys such powers.
COURTS OF SENIOR CIVIL JUDGE/CIVIL JUDGE CUM JUDICIAL MAGISTRATES
Courts of Senior Civil Judge/Judicial Magistrate has the power Under Section 30 CrPC as well as administrative power. Civil cases are normally filed in the court of Senior Civil Judge as well as in the court of Civil judge/judicial Magistrate at Tehsil level. Every judicial Magistrate has civil and criminal jurisdiction of one or more than one Police Station under its control however perform many duties and functions such as trial of non bailable offences including police remand notices, discharge of accused, signing arrest and search warrants and hearing bail application and its decision. Similarly, Civil Judge/judicial magistrate also hear civil cases and in that case Judicial Magistrate assumes the terms as Civil Judge.
Each District Court has a family court at least for the disposal of family cases under West Pakistan Family Courts Act 1964. These courts usually hear the cases arising out of the family dispute. Every District has at least one female judge to deal with the cases pertaining to family disputes. In some cases and in some area, Civil Judges are also given additional task of dealing with the cases pertaining to family disputes. Section 17 of Family Court Act 1964 bars the applicability of provision of CPC and Qanoon-e-Shahadat (Evidence Law) over family courts and the same are allowed to from or regulate its own procedure to decide case expeditiously, properly and in the interest and convenience of Female litigants.