INTERNSHIP UNIVERSITY MARDAN SESSION (2013-2018) TABLE OF CONTENTS
INTERNSHIPREPORTBySHABNAM SHEHZADI Submitted to Abdul Wali Khan University Mardan inthe partial fulfillment of the requirements for the degree of L.L.B5 YEARSLAWDEPARTMENT LAWDEPARTMENT FACULTYOF SOCIAL SCIENCEABDULWALI KHAN UNIVERSITY MARDAN SESSION(2013-2018)INTERNSHIPREPORTBy SHABNAM SHEHZADI Registration No.13-F-AWKUM-MCB-LLB_36 Approved By Supervisor MadamShaista Department of Law LAWDEPARTMENT FACULTYOF SOCIAL SCIENCEABDULWALI KHAN UNIVERSITY MARDAN SESSION(2013-2018)TABLE OF CONTENTS I. ACKNOWLEDGMENT II. PREFACE III.
DEDICATION IV. STRUCTURE OF PAKISTAN COURTS V. PROCEDURE OF FILING OF CASE VI. CASES VII.
CONCLUSIONName Shabnam ShehzadiClass LLB (HONS)ROLL NUM 441ACKNOWLEDGMENT After that I offer my humble thanks to AllahAlmighty for granting me the sense of inquiry and requisite potential for thesuccessful accomplishment of this internship report. I would mention all thishas only been done by the grace of Allah Almighty and special supports of myloving and very kind parents who have always prayed and encouraged me to buildmy bright future life and I am very thankful to my senior lawyers who provideda great and friendly environment and given me a full opportunities to learn andprepare my internship report.PREFACE The completion of this report partiallyfulfillment of law degree from Abdul Wali Khan University Mardan. Thisinternship provided me a great opportunity to get guidance and instructionsfrom senior lawyers which enhance my knowledge and will be very valuable infuture career. I collect all this data from my two months internship which Ihave spent with my senior advocate and I hope that these hard efforts of minewill be helpful for new LLB students.DEDICATION I am dedicating this to my parents because theysustained a lot of burdens for my happy life and bright future, and every toughtime they supported and encouraged me.JUDICIALHISTORY OF PAKISTAN THE JUDICIAL SYSTEM OF PAKISTAN The judiciary of Pakistan is ahierarchical system with two classes of courts: the superior (or higher)judiciary and the subordinate (or lower) judiciary.
The superior judiciary iscomposed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is aHigh 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 theobligation to preserve, protect and defend the constitution. Neither theSupreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
As the SupremeCourt of Pakistan doesn’t have jurisdiction over Gilgit Baltistan, thus anotherform of APEX Court named Supreme Appellate Court for Gilgit Baltistan has beenintroduced, with designated powers as that of Supreme Court of Pakistan. Thesubordinate judiciary consists of civil and criminal district courts, andnumerous specialized courts covering banking, insurance, customs and excise,smuggling, drugs, terrorism, taxation, the environment, consumer protection,and corruption. The criminal courts were created under the Criminal ProcedureCode 1898 and the civil courts were established by the West Pakistan CivilCourt Ordinance 1964. There are also revenue courts that operate under the WestPakistan Land Revenue Act 1967.
The government may also set up administrativecourts and tribunals for exercising exclusive jurisdiction in specific matters. COURTSTRUCTURE OF PAKISTAN SUPREME COURT The “Supreme Court” is the apex Court of the landexercising original appellate and advisory jurisdiction. It is the Court ofultimate appeal and final arbiter of law and the Constitution; its decisionsare obligatory on all other courts; the Court consists of a Chief Justice andother Judges, appointed by the President, as per procedure laid down in the establishment. An Act of Parliament has set the number ofJudges at seventeen i.
e Chief Justice and 16 judges. There is also a provisionfor appointment of acting judges as well as ad hoc judges in the court. Aperson with 5 years experience as a Judge of a High Court or 15 years standingas an advocate of a High Court, iseligible to be appointed as judge of the Supreme Court. HIGH COURT There is a High Court in each province and yetanother High Court for the Islamabad Capital Territory. Each High Courtconsists of a Chief Justice and other puisne judges.
The strength of LahoreHigh Court is fixed at 60, High Court of Sindh at 40, Peshawar High Court at20, High Court of Balochistan at 11 and Islamabad High Court at 7.Qualifications mentioned for the post ofa judge are, 10 years experience as an advocate of a High Court or 10 yearsservice as a civil servant, including 3 years 40 experience as a District Judge or 10 years experience in a judicial office. The “High Court” superviseand controls all the courts subsidiary to it. It appoints its own staff and frames rules of procedure for itself aswell as courts subsidiary to it.
CIVIL & CRIMINAL COURT The “Subordinate Judiciary” may be generallydivided into two module; one, Civil Courts well-known under the civil courtsordinance 1962; and second CriminalCourts shaped under the Code of Criminal Procedure 1898. In adding up, therealso be other Courts and Tribunals of Civil & Criminal nature; createdunder particular laws; their jurisdiction & powers and purposes arespecified in the acts, creating them; decision & judgment of such SpecialCourts are appealable before the higher Judiciary i.e High Court or SupremeCourt f Pakistan; through revision or appeal; the Provincial Government fundthe justice zone. The Civil & Criminal Courts Judges and their Terms & Conditionsare synchronized under the regional rule. “High Court”, exercises managerialcontrol over such Courts; Civil Court consist of “District Judge-AdditionalDistrict Judge-Senior Civil Judges Admin, Guardian and Judicial and Civil JudgesClass I II and III.
Likewise’ the CriminalCourt contain of Sessions Judge Additional District & Sessions Judge, ‘JudicialMagistrate Class I, II and III’. Law secures their fiscal & TerritorialJurisdiction; appeal beside the decree of Civil Court lies to “District Judge” &to the “High Court” if value of suit go above particular amount; Correspondinglyin observance with quantum of fine’ appeal against Criminal Court lie to “SessionsJudge” or “High Court”. SPECIAL COURT/JUDGE. The constitutions authorize the “FederalLegislature” to set up Special Courts with 58 Administrative Courts & Tribunalsto deal with Federal matters; thus numerous Special Courts or Tribunals havebeen established which work under directorial power of “Federal Government”. Themajority of these Courts work under “Ministry of Law and Justice” howevercertain Courts also function underneath other ministries and departments; These Courts and Tribunals include: SpecialCourts (Control of NarcoticsSubstances), “Special Courts “Offences in Banks””; “Special Courts CustomsTaxation and Anti-smuggling””; “Income Tax Appellate Tribunal EnvironmentalTribunal” “Insurance Appellate TribunalCustoms Excise and Sales Tax Appellate Tribunal” Special Judges (Central) Drugs Courts Anti Terrorism Courts; Accountability Courts,, likewise, ProvincialGovernment has their own Special Courts and Tribunals; established under law.Such Provincial Courts and Tribunals include “Labor Courts’ Consumer ProtectionCourts’ Anti–terrorism Courts and Anti corruption Courts”.
The JudicialOfficers supervise over these Courts, are mostly selected on deputation fromthe Provincial Judicial Cadre. BY FEDERAL SHARIAT COURT. The court consists of eight Muslim Judges as wellas the Chief Justice; Procedure for selectionof Judges of “Federal Shariat Court” has been changed after 18th &19th amendments, as previously such Judges were selected by President from amongst serving andretired Judges of the Supreme Court/HighCourt and from amongst persons possessing the qualification of a Judge of “HighCourt”; At here’ the Judges of “Federal Shariat Court” are also selected through judicial commission;which includes the ‘Chief Justice of Pakistan’ as chairman with 04 Senior most judgesof the “Supreme Court” 01 former ‘Chief Justice’ or a retired Judge of “Supreme Court” selected by Chairman, in conferencewith the 04 members Judges of the “SupremeCourt” ‘Attorney General for Pakistan’; Federal Minister for Law & Justice’ Chief Justice of Federal ShariatCourt’ and most Senior Judge of Federal Shariat Court’, as associates. For selectionof ‘Chief Justice;, however, the most Senior Judge of ‘Federal Shariat Court’is debarred from opus of the commission; Once, the judicial commission commenda new name for selection as Judge of “Federal Shariat Court”, it goes to eight members’Parliamentary Committee’ that has equal demonstration of the Government &Opposition with of 02 houses i.e “National Assembly & Senate”; This committeehas 02 weeks to review the recommendation, if the recommendation is accepted’it departs to the “Prime Minister” who forwards the same to the President for selection/appointment.
The results of the court are binding on the High Court’ and ‘SubordinateJudiciary’, Court select its own personnel and frames its own rules of process. SERVICET RIBUNALS ‘Under Article 212 of the Constitution- Governmentis authorized to set up managerial Courts & Tribunals for exercising specialJurisdiction in matters- relating to the Terms & Conditions of service ofcivil servant. So, Service Tribunal has been recognized at the ‘Federal’ level;Provincial Governments have recognized their own Service Tribunals; the membersof these Tribunals were previously selected/appointed by the respective Government;however as the Service Tribunals both ‘Federal & provincial’ perform Judicialfunctions; the “Supreme Court” has directed the Government to make suitablelegislation to make sure the autonomy & fairness of such bodies, and alsoensure their financial independence. Appeal against the decision of the ‘Federalor Provincial Service Tribunals’ lie to the “Supreme Court”.
PROCEDURE OF FILING OF CASE Ijoined Ms. Afia Sheikh Advocate as internee on June 10.06.
2017 for internshipat Tehsil & District Chiniot. First of all, I have to learned how toarrange case file and what its procedure to move it in the court properly; so Itook a file with the name of my senior and wrote plaint with the assistance ofmy senior; after it, application for grant of interim injunction written andsame was attached with plaint; then affidavit of the plaintiff affixed with it;further list of heirs, list of address of plaintiff, list of witnesses, list ofreliance, and all necessary documents which were written in list of documentswere attached with it; afterward, list of summons, power of attorney, file ofdocuments, copy of plaint and application for matter of jurisdiction whetherterritorially or pecuniary attached; on 1st day, I arranged a civilsuit file for partition of land in which disputed property situated in TehsilChiniot; so I instituted this suit file before Senior Civil Judge (Judicial)Chiniot and put my file at 10:30 AM in marking box; then I reached in the courtof Senior Civil Judge at 11:20 AM and at 11:30 AM the marking box was openedand all suit files were prefaced to superintendant of Senior Civil Judge whostamped and marked all the suits and sent to Senior Civil Judge for furtherprocedure; the Senior Civil Judge signed and marked my file to the court of Mr.Tasawar Iqbal learned Civil Judge 1st Class, Chiniot. At once, Iprosecuted myself before 1st class Judge named above with my seniorfor arguments regarding the application for grant of ad-interim injunction. Mysenior introduced me before the Judge as internee student, so learned Judgeencouraged me and allowed me for arguments upon the application for grant ofad-interim injunction, I was already prepared well, so I argued for ad-interiminjunction relief as well as argued regarding the summoning of all thedefendants; finally the learned Judge granted ad-interim relief in favor ofplaintiff and summoned all the defendants through summons/notices within threedays.
I thanked to the honorable Judge for encouragement and relief given andkept the court with bow to him. REASONS AND MY APPEARANCEIN THE COURTS IN THE CASES IS AS UNDER: Case—No.I FamilySuit For Dissolution Of Marriage, Recovery Of Maintenance Allowance AndRecovery Of Dowry Articles Titled “Misbah Vs Riaz” in the court of Family JudgeChiniot. Ø Dissolution of Marriage u/s 10 (4) ofthe West Pakistan Family Court Act, 1964.Ø Recovery of Maintenance Allowance u/s9 Family Law Ordinance 1964.
Ø Recovery of Dowry Articles u/s 5 ofFamily Court Act, 1964. The plaintiff brought a suit against defendant fordissolution of marriage etc in the year 2016. That the plaintiff has assertedthat from the beginning of marriage, attitude of defendant towards her was notgood. That defendant has relations with women of ill repute; lastly defendantousted the plaintiff from his house after torturing her; that plaintiffrequested her for payment of maintenance allowance and for returning of dowryarticles but he refused to do so. Hence, plaintiff has no other option exceptto file suit against defendant.
I was present with my senior to the Judge ofFamily Court on 12.06.2017 and took an adjournment for production of evidenceof plaintiff.
Thereafter, in front of me, evidence of plaintiff was recorded on06.07.2017 and case was fixed for submission of documentary evidence ofplaintiff. After the completion of evidence of plaintiff on 10.07.
2017,evidence of defendant was recorded on 11.07.2017. Thereafter, case was fixedfor final arguments but due to summer vacations case was fixed for the month ofSeptember and still proceedings……Case—No.II ExecutionPetition for Recovery Of Decretal Amount Titled “Fozia Bibi Vs Imran” In The Courtof Family Judge Chiniot. Ø u/s 47 of CPC andOrder 21 The plaintiff brought a suit against defendant forrecovery of maintenance allowance and for recovery of dowry articles and thesame was decreed on 15.12.2015.
Thereafter, execution petition was filed forrecovery of amount. I was present with my senior in the court of Family Judgeon 13.06.2017 and on said date case was fixed for payment of decretal amount bythe judgment debtor.
On 13.07.2017 total decretal amount was paid andcompromise between the parties was affected hence, same was decided on saiddate and consigned to the record room. Case—No.III Applicationfor Restoration of case titled “Ali Imran Vs SHO Police Station City, Chiniotetc” in the court of Senior Civil Judge, Chiniot. Ø u/s 362 of Cr.P.C1898 The case was pending since 2014.
Thereafter, casewas consigned to the record room due to compromise but again dispute betweenthe parties was arose therefore, said application was moved. I was present withmy senior before the Senior Civil Judge on 20.06.2017 and report was calledfrom the Ahlmad regarding the application for restoration of case. On20.
07.2017 report was of Ahlmad was received and case was fixed for summoningof respondents. Still proceedings…… Case—No.IV PrivateComplaint u/s 506 PPC titled “Anam Bibi Vs Muhammad Aslam etc” in the court ofJudicial Magistrate, Chiniot. Ø u/s 364 of PPC. The complainant Anam Bibi filed private complaintby stating that she has contracted marriage with one Muhammad Sohail with hersweet will and now respondents are threatening her for dire consequences,therefore, she has left no option except to file private complaint. I waspresent with my senior on 06.
07.2017 before judicial magistrate where Anam Bibirecorded her statement u/s 364 PPC in private complaint that she with her sweetwill contracted marriage with Muhammad Sohail and residing with him. Thereafter,learned Judicial Magistrate passed an order in favor of Anam Bibi. Case—No.V CivilSuit for Possession titled “Imran Vs Munir etc” in the court of Senior CivilJudge, Chiniot.
Ø u/s 9 (b) of SpecificRelief Act, 1877. The case was pending since 2016. I was presentwith my senior before the Senior Civil Judge on 20.06.2017 by representing theplaintiff and on said date arguments regarding the application filed u/o 1 rule10 CPC filed by defendants were advanced by me with the assistance of my seniorand case was fixed for further arguments; on 15.
07.2017 again arguments wereadvanced by me and on said date application was dismissed and case was fixedfor evidence of plaintiff for the month of September due to summer vacations ofAugust. Still proceedings….
. Case—No.VI CivilSuit for Declaration and Permanent Injunction titled “Umar Hayat etc Vs ZakirAli etc” in The court of Civil Judge, Chiniot.
Ø Declaration u/s 42 ofSpecific Relief Act, 1877Ø Application forPermanent Injunction u/o 39 rule 1 & 2 of CPC read with Section 151 of CPC. The case was pending since January 2016. Theplaintiff has claimed that the defendants are constructing the disputedproperty illegally and unlawfully and without giving their inherit shares. Iwas present with my senior before the Civil Judge by representing the plaintiffon 10.
07.2017; I argued the application for temporary injunction as Iprepared with the assistance of my senior; the court issued order to defendantsto restrain from constructing the disputed property till the final decision ofthe case. Still proceedings…… Case—No.VII CivilSuit for Declaration Cum-Mandatory Injunction titled “Hafiz Muhammad Kaleem VsNADRA” in the Court of Senior Civil Judge, Chiniot. Ø Declaration u/s 42 ofSpecific Relief Act, 1877Ø Mandatory Injunctionu/s 55 of Specific Relief Act, 1877. The case was pending since February 2017. Theplaintiff filed the above noted case for correction of his date of birth; hisversion was that his correct date of birth is 20.
05.1989 whereas same isrecorded upon his CNIC as 20.05.1986. I visited the court of Senior Civil Judgealong with my senior on 22.06.
2017 and on said date my senior lawyer advancedfinal arguments and I carefully listened the same, afterward, my senior introducedmyself before the honorable Judge and the learned Judge give me an opportunityto advance further arguments regarding the claim of plaintiff and adjourned thecase for further arguments case was adjourned due to casual leave of honorableJudge. Thereafter, on 29.06.2017 the case was fixed for further argumentsbut the learned presiding officer was on casual leave and same was adjournedfor 08.07.2017 and on said I advanced arguments with the assistance of mysenior and the said case was decreed in favor of plaintiff and against theNADRA. Case—No.VIII CivilSuit for Recovery of Rs.
15,00,000/- on the basis of Promissory Note titled”Rehmat Ali Vs Qadir Khan” in the Court of Senior Civil Judge, Chiniot. Ø u/o 37 rule 1 & 2of CPC, 1908. The case was pending since 2015. The plaintifffiled the above noted case for recovery of amount on the basis of promissorynote. I was present with my senior in the court on 12.
06.2017 and submitteddocumentary evidence on behalf of defendant. Thereafter, case was fixed forarguments. On 28.06.2017 case was adjourned due to strike of District Bar. On26.
07.2017 I advanced arguments with the assistance of my senior before thelearned Judge but case was again adjourned due to none advancing of argumentsby plaintiff’s counsel. Still proceedings…… Case—No.IX GuardianPetition for Permanent Custody of Minors titled “Zaman Haider Vs Noreen Bibi”in the Family/Guardian Court, Chiniot. Ø u/s 25 of theGuardian & Ward Act, 1890.
The petition was filed in the month of June 2017by petitioner. The petitioner has claimed custody of minors being their realfather. I was present with my senior in the Family/Guardian Court on 04.07.2017and submitted power of attorney by representing the respondent thereafter, casewas adjourned for submission of written reply. Thereafter, I written reply ofabove said petition with the assistance of my senior and submitted the same inthe court on 17.07.
2017. Afterward, case was adjourned for arguments uponthe application filed for temporary custody of minors u/s 12 of the Guardian& Ward Act. Still proceedings…… Case—No.X GuardianshipPetition titled “Sadia Mukhtar Vs Public At Large etc” in the Guardian Court,Chiniot. Ø u/s 7 OF ACT NO.VIII OF 1890 (GUARDIAN & WARDSACT) for Appointment as Guardian of Person and Property of the Minor. The petition was filed in the month of March 2017.
Petitioner filed this petition for appointment of guardian of person andproperty of the minors left by her deceased husband in their favor. Case was atthe stage of evidence of petitioner when I visited the court along with mysenior for pursuing the above said guardianship petition on 21.06.2017 and onsaid date case was adjourned due to non availability of complete evidence ofthe petitioner. Thereafter, on 20.
07.2017 statement of petitioner was recordedand I submitted necessary documentary evidence (i.e right of record, birth certificatesof minors, death certificate of the deceased and marriage certificate of thepetitioner) and subsequently respondents No.2 to 4 (real uncles of minors) gotrecorded their conceding statements in favor of petitioner by asserting thatthey have no objection on appointment of petitioner as guardian of person andproperty of the minors and case was adjourned for arguments. On 27.07.
2017 Iadvanced arguments upon the guardianship petition with the assistance of mysenior before the learned Judge and same was accepted by appointing thepetitioner, guardian of person and property of the minors and ordered by thecourt to furnish surety bonds of amount equivalent to the value of property i.e25,00,000/-. _____________________C O N C L U S I O N Inconclusion, my internship at the District Bar Association Chiniot was anoutstanding experience. This internship was also been an outstanding and satisfyingpractice. I can conclude that there have been a lot I’ve learnt from my efforts;Needless to say, technical features of the work, I’ve done are not perfect andcould be enhanced provided enough time; as someone with no prior knowledge,whatsoever I believe my time spent in research and determined, it was well importanceit. Two main things that I’ve learned the importance of are, time-managementskills and self-motivation I got a deep and inspiring insight in the workbut beyond that Ms.
Afia Sheikh as well as friendly welcome from all theseniors, was valuable, sharing their experience and giving their piece of knowledgewhich they have get in long passage of work. Merely, the senior members of thebar took a lot of efforts to make it a helpful trip for me in every way,too. I hope this experience will surely help me in my future and also inshaping my career. ——————————