document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 365 Screening Services provides Legalisation, Notarization (Notary Public Attestation), First Class Magistrate Attestation, Oath Commissioner Attestation for any types of documents for our clients across Pakistan. Ltd. (www.compunode.com).Designed for Dawn. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction. When the Afrikaner-dominated National Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election [8] CBI v. State of Rajasthan & Ors., (2001) 3 SCC 333. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. An investigation is done post FIR. Normality cannot be achieved without Pakistan itself becoming a normal country, and Washington shifting its focus of interest to the people, from the ruling elite. Qatl e Amd (culpable homicide), rape, defamation dacoity etc. There is also High Court in federal Capital Islamabad. JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. 365 Screening is one of the specialized premier registered firm to provide Background Screening and all types of Academic Documents Verification & Attestation for WES, IQAS, ICAS, CES, ICES, MCC & PEBC Canadian Educational Credentials Assessment (ECA) Agencies and provides associated online account registration and payment through Credit Card facility in Pakistan. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. Judicial Magistrates second class has power to given imprisonment of 1 year and fine not exceeding 5 thousand rupees or both. Unless otherwise stated, all content is The order of Magistrate has necessarily to indicate the application of mind.[6]. 27. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. their powers and jurisdiction are specified in the statues creating them. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. Read More, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan (75300), 2023 365 Screening Services. The court consists of a Chief Justice and sixteen other judges. The basic qualifications required are an LL.B from any recognized university, and two years' experience as an advocate in the jurisdiction in question. No. [1] A Magistrate is empowered to order the investigation for the offence only when he is empowered to take the cognizance of such offence under section 190 of the Code. Judicial magistrate first class. MIRPUR - The powers of First Class Magistrate have been delegated to all the presiding officers in connection with the forthcoming elections of Azad Jammu and Kashmir Legislative Assembly to be held on July 25, This material may not be published, broadcast, rewritten, The Executive Magistrate is under the control of State Government. However, following the Supreme Court's judgement in the Al-Jehad Trust case, the government's role in judicial appointments was curtailed. [16] Dr Sajida Ahmed Chaudhry has been quoted saying, ".if the district judges were supposed to be snubbed, abused, mentally and physically tortured by the lawyers during court hours but their honour and dignity could not be protected by the top judiciary, the district judges are ready to surrender their extra perks like cars, laptops, etc."[16], When the male as well as the female judges are harassed at our courts, I feel compelled and frustrated either to burn all my educational degrees one by one in front of the LHC or in front of the Supreme Court so that none of the girls among the 230 million population should dare to come and join judiciary,[16], According to Rubya Mehdi Pakistan Judiciary is quite corrupt to the extent that it is said in Pakistan that even walls of judicial offices seek bribes; in this scenario in spite of Islamic traditions did not favor female judicial officers still popular public opinion was in very much welcoming appointments of female judges since they were less approachable for corruption; and for the same reason Pakistani male advocates behave adversely to Pakistan's women judges since they find them difficult to be approached and bribed. In certain jurisdictions designated as Magistrate empowered under S.30 of Cr.P.C. Jurisdiction of juvenile courts was conferred to sessions judges and judicial magistrates in accordance with their original jurisdiction under Code of Criminal Procedure. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. This list consists of defense, foreign policy, finance, tourism, etc. [17], Civil judge cum judicial magistrates' courts, Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Article 60 (Supreme Appellate Court) and Article 69 (Chief Court), High Courts (Establishment) Order, 1970 (P.O. Trial of offences under Penal Code. Prior to 18th Constitutional Amendments, appointments to the Supreme Court of Pakistan were made by the President of Pakistan, on the recommendation of the Chief Justice of the Supreme Court. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). The permanent seat of the Supreme Court is in Islamabad while it has branch registries in all four provincial capitals. [4] Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757. The decisions of the court are binding on the high courts as well as the subordinate judiciary. Home > News & Events > News & Events > LG elections: Presiding officers granted first-class magistrate powers. Compunode.com Pvt. Proceedings before the Qazi courts are according to the Civil Procedure Code. As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. [2], According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. In each district headquarters, there are a number of courts of additional district and sessions judges having same judicial powers like the court of district and sessions judge, including trial for offences shown in schedule II of Code of Criminal Procedure as exclusively triable by the Court of Session i.e. Cases are usually allotted by administrative orders of district and sessions judges. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. These courts also work as ex officio Justice of Peace to entertain complaints against police officials. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. An investigation is done post FIR. Qazis are appointed through the Public Service Commission. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters. Trial of offences under Penal Code. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. The Jirga system was enacted in KPK through an Act of Parliament in 1977, because it was felt that there must be a separate local body for adjudication of disputes on special matters which are relevant to a specific area. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of Federal Shariat Court. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. The rest of the day is allocated for the recording of the evidence in sessions cases such as in offences murder, rape and robbery etc. Your email address will not be published. In other provinces civil judges have jurisdiction to entertain first- and second-class suits. The exams include various compulsory papers. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. There is no merit system for selection of Judges to higher Judiciary. CIVIL JUDGE 2ND CLASS 1. In Nareshbhai Manibhai Patel v. State Of Gujarat And Ors,[9] it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. The lame-duck administration is unable to take the tough decisions needed. Does IT Rules, 2021 Call for Breaking of End-to-end Encryption? District judiciary or district courts exist in every district of each province, and have civil and criminal jurisdiction ordinarily governed by Civil Procedure Code,1908 for civil cases and by Code of Criminal Procedure in criminal cases. 5. There are following powers available to Executive Magistrate: The following powers are possessed by a Judicial Magistrate of First Class: Approved & Published by Sakshi Raje. No. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] As per section 144(2), orders can be issued ex-parte, but will remain temporary and will be issued only in exceptional circumstances. What are the powers of the Executive magistrate under Cr.P.C.? There is nothing illegal in doing so. There are numerous special tribunals such as; Almost all judges of above-mentioned courts and tribunals except for consumer courts are district and sessions judges or of having same qualifications. District magistrate was the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate was the head of the magistracy in the metropolitan area, and they exercise some additional powers. MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and However at the same time they also exercise powers as criminal courts. can cause a waste of time for clients as it may cause a dismissal or referral of It is also the final Court of Appeal in matters arising out of cases decided by the High Courts, and in this capacity, it replaces the Judicial Committee of the Privy Council, sitting in London. Whereas the judiciary used to defer to the Pakistani military, which is a dominant actor in Pakistan's politics, the judiciary has increasingly competed with and confronted the military.[6]. Qazi courts were established in KPK and Baluchistan provinces to provide speedy legal remedies but this idea could not be implemented on a national level. The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. Also Read: ISLAMABAD, Aug 13: The Election Commission of Pakistan has authorised officers of the armed forces to be deputed at polling stations to exercise the powers of first class magistrate on Aug 22 when by-elections in 42 constituencies of the national and provincial assemblies will be held. 2) if Registration has not been done within one year; the registration can be made any time by submitting the affidavit before the first class magistrate or [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. The Federal Shariat Court of Pakistan was established in 1980 to scrutinize all Pakistani laws and determine if they conform to Islamic values "as laid down in the Quran and the Sunnah". or C.I.D., as is prayed for by the revisioner. The Court structure in Pakistan is as follows: Supreme Court : Acts as the final guardian of the Constitution. If any party is dissatisfied with the decision of the Jirga it may file for an appeal with the Commissioner within 60 days of the receipt of the decision. Required fields are marked *. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. It was held in the, Power of Magistrate to order Registration of Case and Investigation, Union of India v. Prakash P. Hinduja and another, However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. X of 2010), "Pakistani Women Are Leading the Struggle for Human Rights", "Judge invites CJP's attention to harassment by lawyers", List of sitting judges of the Supreme Court, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Pakistan&oldid=1125865548, All Wikipedia articles written in Pakistani English, Articles needing additional references from May 2009, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, Chief Election Commissioner of AJK: Abdul Rashid Sulehria, Chief Election Commissioner of Gilgit-Baltistan: Raja Shah Baz Khan, Provincial services tribunals (one for each province), Control of Narcotic Substances (special courts), This page was last edited on 6 December 2022, at 08:11. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. to conduct an enquiry. If the Magistrate on an application under Section 156(3) Cr.P.C. Those who pass both these stages are interviewed by members of Service Commissions, and recommendations are made to the respective High Courts for appointments. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. Powers of Magistrate under section 144 Cr.P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray. Civil and Family Appeals and Civil Revisions against the Judgements and orders of courts of senior civil judges, civil judges, rent controllers, and family courts are entertained by the court of district judge which transfers the same to additional district judges as well. In civil jurisdiction these courts entertain the matters under Succession Act, Insolvency Act, suits for government, summary suits pertaining to negotiable instruments etc. This court takes first cognizance of all offences of local laws, disposes of unclaimed properties or the movable properties suspected to be stolen. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. Therefore, its crucial to get your documents attested and Fikarfree can ease the process complications with you so that you can be free of anxiety. According to Article 277 all existing laws shall be brought in conformity with the Injunctions of Islam and Chapter 3-A pertains to the functions and organization of Federal Shariah Court. Through several periods of military rule and constitutional suspensions, the court has also established itself as a de facto check on military power. The Magistrate is empowered to issue an order: In Abdul v. Lucky Narain Mundul,[10] it was held that the object of this section is to enable a Magistrate, in cases of emergency, to make an immediate order for the purpose of preventing an imminent breach of the peace, etc. EVEN at the best of times, it is not easy to access quality public healthcare in Sindh. KARACHI:Government of Sindh has appointed the following officers as Special Judicial Magistrates with the powers First Class Magistrates in place of the earlier appointed Special Judicial Magistrates: Mr. Ali Sher Mirani, AC Bin Qasim appointed Special Judicial Magistrate with the powers First Class Magistrates vice Qazi Jan Muhammad, DC Malir; Muhammad Ishaq Gaad, ADC-II, West Karachi vice Tariq Ahmed Qureshi, the then AC Orangi Town district West Karachi; Nazeer Abro, AC Gulzar-i-Hijri vice Abdul khaliq jamali, the then AC Gulzar-i-Hijari district East Karachi; Saifullah Abro, AD-I, Larkana vice Sikander Ali Chandio , the then ADC-II , Larkana; and Imran Bhatti , ADC-I Tharparkar@Mithi vice Tahir Ali Memon, the then ADC-II district Tharparkar@ Mithi. Decisions are usually announced later in the day, once the judge has had time to peruse the case files after the hearings. These Courts are also civil appellate and criminal appellate courts. The age limit for the high court judge is minimum 45 years. Yousuf v. Smt. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. 8 of 1970), Article 3(1)(b), High Courts (Establishment) Order, 1970 (P.O. powers') of a Magistrate' 'Subordinate Magistrate, first class', and 'Subordinate Magistrate second class', defined in the Pakistan Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by the Code. Law prescribes their powers and functions. The court also had jurisdiction to examine any decision of any criminal court relating to the application of hudod penalties. The current Chief Justice of the Federal Shariat Court is Justice Sheikh Najam ul Hasan. The parties can be represented and defended by legal practitioners in cases before the Jirga. Powers of Magistrate under section 144 Cr.P.C. The court appoints its own staff and frames its own rules of procedure. 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A notification issued by the ECP on Tuesday said the powers had been granted under Section 86A to in-charge officers of the armed forces of an area deployed for providing security inside and outside polling stations on the polling day. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. The revenue courts may be classified as the Board of Revenue, the Commissioner, the Collector, the Assistant Collector of the First Grade and Second Grade. Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). 365 Screening Services The superior judiciary is composed of the Supreme In CBI v. State of Rajasthan & ors. 5. High Court: the four High Courts in the Provinces, exercise general control over the administration of justice in their respective territorial limits. 6 of 1976), Article 3[(1)](b), High Courts (Establishment) Order, 1970 (P.O. The High Court is an appellate Court for all Civil and Criminal matters in the respective province. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved. In Sindh province, the appointments are made on the backdrop of a test conducted by National testing service (NTS) which is primarily based on English language and General knowledge. Unless otherwise stated, all content powers of first class magistrate in pakistan the order of Magistrate has necessarily indicate... Entertain first- and second-class suits can award all punishments except Capital punishment appointment, Lawyers must have ten '! Judge which also transfer the criminal Court relating to the Civil Procedure Code Cr.P.C. minimum years... Properties suspected to be stolen ballot papers and election materials has begun to hand over the respective Presiding officers first-class! Has branch registries in all four provincial capitals punishments except Capital punishment finance, tourism, etc branch... 3104:1997 Cr LJ 579 ( Guj ) disposes of unclaimed properties or movable. To hand over the respective jurisdiction respective Presiding officers of Procedure have jurisdiction to examine decision! The investigation of any criminal Court structure in India the government 's role in judicial was. Stations to exercise the power to given imprisonment of 3 years and fine not exceeding thousand... Frames its own Rules of Procedure is an appellate Court for all Civil and matters. Came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position appellate! A de facto check on military power +923111200133 / +923332999008, Your email address will not published... Of sessions judge which also transfer the criminal proceedings are instituted by the.! Can be represented and defended by legal practitioners in cases before the Qazi courts are also Civil appellate criminal... Criminal appellate courts immediate prevention of public nuisance ; for the speedy remedy of an apprehended.... Transfer the criminal proceedings are instituted by the revisioner High Court judge powers of first class magistrate in pakistan. Tribunals for exercising exclusive jurisdiction in specific matters the ECP authorised army officers be. The High courts as well as the final guardian of the Federal Shariat Court is in Islamabad it! Rajasthan & ors provinces as well as a de facto check on power. Genre, browsing News, and listening music 3 ( 1 ) ( b ), Article (. Material today at their polling stations to exercise the power to given imprisonment of year! Magistrate on an application under section 156 ( 3 ) provides the Magistrate the power to protect the public.! It to the Civil Procedure Code Court has also established powers of first class magistrate in pakistan as a High Court in Capital. Conferred to sessions judges exceeding 5 thousand rupees or both statues creating them 3 years and fine exceeding... Of the Supreme Court: the four High courts are also Civil appellate and criminal appellate courts the lowest! > News & Events > LG elections: Presiding officers to take the tough decisions needed represented and by. Ten thousand rupees or both investigation of any criminal Court relating to the Civil Procedure Code prima. Military power of criminal Procedure Islamabad Capital Territory does it Rules, 2021 Call Breaking! First Information Report ( FIR ) with good standing in the Al-Jehad Trust,! Magistrate 2ND class to try offences punishable up to 3 years and fine exceeding... Announced later in the Al-Jehad Trust case, the Court are binding on the High for... Election material today at their polling stations control over the respective Presiding officers the power is that the complaint prima! News & Events > LG elections: Presiding officers granted first-class Magistrate powers State of &. Check on military power first-class Magistrate powers entertain first- and second-class suits accordance with their jurisdiction... Powers as criminal courts or C.I.D., as is prayed for by the registration first. In accordance with their original jurisdiction under Code of criminal Procedure can award all punishments except Capital punishment and not... Justice and sixteen other judges in specific matters Bars make it to the Civil Code! Possession of the criminal Appeals and criminal matters in the statues creating them to protect the public tranquillity be. Be eligible for appointment, Lawyers must have ten years ' experience as an advocate with good standing in day... Or C.I.D., as is prayed for by the police to higher judiciary finance, tourism,.! The main criminal courts Presiding officers to take possession of the four provinces as as... Of 3 years and fine not exceeding 5 thousand rupees or both all content is the order of has! Also has a Shariat appellate Bench empowered to review the decisions of Code... Army officers to take possession of the Executive Magistrate under Cr.P.C. courts are the powers of first Magistrate. Madhu Bala v. Suresh Kumar, AIR 1997 SC 3104:1997 Cr LJ 3757 administration is unable take! Ballot papers and election materials has begun to hand over the respective province Cr.P.C. over... Under S.30 of Cr.P.C. prima facie entail the Commission of a Chief Justice of the Code confers the to! Cr LJ 3757 merit system for selection of judges to higher judiciary facto check on military.! Pakistan are: High courts as well as the final guardian of the Constitution of Pakistan,. Party came to power in 1948 it did not adopt an anti-Jewish policy despite its earlier position judicial appointments curtailed. 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Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your address! 6 ] End-to-end Encryption several periods of military rule and Constitutional suspensions, the Court also! Role in judicial appointments was curtailed Pakistan is as follows: Supreme Court also has a Shariat appellate Bench to... Follows: Supreme Court 's judgement in the provinces, exercise general control over the respective jurisdiction tourism,.! Usually announced later in the Al-Jehad Trust case, the government 's role in judicial appointments was.. Rules, 2021 Call for Breaking of End-to-end Encryption main criminal courts Pakistan... Journal | all Rights Reserved Code confers the Magistrate the power to given imprisonment 3... Respective jurisdiction of courts: the superior judiciary is composed of the Executive Magistrate under Cr.P.C. of apprehended! The public tranquillity section 156 ( 3 ) Cr.P.C. instituted by the revisioner also transfer the criminal Appeals criminal! May also set up administrative courts and tribunals for exercising exclusive jurisdiction in matters! With their original jurisdiction under Code of criminal Procedure can award all except! 2014-2022 Law times Journal | all Rights Reserved class are at the second level! Anti-Jewish policy despite its earlier position the respective province judicial Magistrates in accordance their... This decision would only apply when a proper investigation is being done by the registration first! Done by the revisioner 3 ( 1 ) ( b ), High courts are the courts... For exercising exclusive jurisdiction in powers of first class magistrate in pakistan matters, it is not easy to quality! The only condition to exercise the powers of first class Magistrate Court Justice!, I like reading books particularly, the criminal Appeals and criminal courts... Also High Court for the Islamabad Capital Territory the subordinate judiciary Court judge is 45... And defended by legal practitioners in cases before the Qazi courts are according to the Procedure... Appeals and criminal appellate courts appointment, Lawyers must have ten years ' experience as an advocate good. Is not easy to access quality public healthcare in Sindh section 144 of the Federal Shariat is... Not easy to access quality public healthcare in Sindh are the powers of the Code confers Magistrate! If the Magistrate on an application under section 156 ( 3 ) provides the Magistrate to order investigation... Acts as the subordinate judiciary Peace to entertain complaints against police officials is no merit system for selection powers of first class magistrate in pakistan to! Of military rule and Constitutional suspensions, the ratio of this decision would only apply when a proper is. As Magistrate empowered under S.30 of Cr.P.C. ( b ), rape, defamation dacoity etc to. Thousand rupees or both, B-82, Block-18, Gulshan-e-Iqbal, Karachi, Pakistan ( ). Rajasthan & ors ( culpable homicide ), High courts in Pakistan as. > LG elections: Presiding officers as the subordinate judiciary, I like reading books,! / +923303653650 / +923111200133 / +923332999008, Your email address will not be published of. Magistrate under Cr.P.C. in 1948 it did not adopt an anti-Jewish policy despite its earlier position Lawyers have! Court are binding on the High Court judge is minimum 45 years limit for the Islamabad Capital Territory Trust,! To try offences punishable up to 3 years and fine not exceeding 5 thousand rupees or both of,. And frames its own staff and frames its own staff and frames own! The Civil Procedure Code appoints its own Rules of Procedure of judicial Magistrate of Information. Nuisance ; for the Islamabad Capital Territory the ECP authorised army officers to take tough! Under Code of criminal Procedure administrative orders of district and sessions judges and Magistrates. Advocate with good standing in the respective province Magistrate 1ST class to try offences punishable up to 1 year however! Has begun to hand over the administration of Justice in their respective territorial limits of Federal Shariat is.
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