JUDICIAL OFFICERS

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JUDICIAL OFFICERS
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• THE SULTANS OF DELHI AND THE MUGHALS SOUGHT FOR
  THEIR JUDICIAL SYSTEM MODELS FROM OUTSIDE
  INDIA----FROM ARABIA ,SYRIA,PERSIA AND EGYPT AND
  EFFECTED NECESSARY CHANGES TO SUIT INDIAN
  ENVIRONMENT.
• THE HEAD OF THE STATE ,THE SULTAN (EMPORER) WAS
  REGARDED AS THE FOUNDATION OF JUSTICE AND THE
  FINAL TRIBUNAL OF APPEAL.THE EMPEROR ADMINISTERED
  JUSTICE IN PERSON IN OPEN COURT AND DECIDED ALL
  TYPES OF CASES.
• HE WAS ASSISTED IN DISPENTION OF JUSTICE BY THE
  CHIEF SADR(SADR-US-SUDUR) RAGARDING CASES OF
  RELIGIOUS NATURE AND BY THE CHIEF
  QAZI(QAZI-UL-QUZUT) IN ALL THE OTHER CASES.BUT
  MORE OR LESS THE SADR AND THE QAZI REMAIN THE
  SAME PERSON.

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• THE CHIEF QAZI STOOD NEXT TO THE SULTAN OR THE
  EMPEROR IN THE JUDICIARYAND UNDER HIM THERE WERE
  QAZIS IN THE PROVINCIAL CAPITALS,IN THE
  HEADQUARTERS OF THE DISTRICTS AND PARGANAS AND
  ALL-IMPORTANT CITIES WITHIN THE EMPIRE AS IN BIG
  VILLAGES HAVING COSIDERABLE MUSLIM POLULATION AND
  LARGE ENOUGH TO BE CALLED QASBAS.
• THEY WERE APPOINTED BY THE EMPEROR ON THE
  RECOMMENDATIONS OF THE CHIEF QAZI.THEY CECIDED
  CASES FALLING WITHIN THEIR JURISDICTION ,MORE
  PARTICULARLY ,RELIGIOUS CASES MOSTLY DEALING WITH
  THE PERSONAL LAW OF THE MUSLIMS ,SUCH AS CASES OF
  MARRIAGE,DIVORCE,INHERITANCE AND THE LIKE.
• SOMETIMES MUFTIS(PEOPLE WHO INHERITED ISLAMIC
  LAWS) WERE APPOINTED TO ASSIST THE QAZIS.
• THE QAZIS WERE ALSO ENTRUSTED WITH CARE OF
  ORPHANS,WIDOWS AND DESTITUTES.

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• THE CRIMINAL CASES WERE DECIDED BY THE EMPEROR
  ,THE PROVINCIAL QAZI,THE GOVERNOR,THE FAUJDAR AND
  KOTWAL.
• PETTY CRIMINAL CASES RELATING TO THE THEFT OR
  ROITING IN THE PARGANA TOWN WERE ASSIGNED TO THE
  LOCAL KOTWAL.
• IN TIME THE WHOLE TIME QAZI WAS APPOINTED TO TRY
  CRIMINAL CASES WITHIN THE PARGANA.
• THE FAUJDAR ALSO POSSESSED SOME CRIMINAL
  JURISDICTION .HIS POWERS WERE ANALOGOUS TO THOSE
  OF MODERN MAGISTRATES.

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• THE COURTS OF THE GOVERNOR (QAZI-I-SARKAR) AND
  PROVINCIAL QAZI HAD ALSO ORIGINAL JURISDICTION IN
  ADDITION TO HEARING APPEALS AGAINST THE DECISIONS
  OF THE FAUJADAR AND KOTWAL.

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• THE THIED CATEGORY OF THE COURTS WERE THE REVENUE
  COURTS .
• THE AMILS IN THE PARGANAS,AMALGUZARS IN THE
  SARKARS AND THE PROVINCIAL AND THE CENTRAL DIWANS
  RESPECTIVELY DECIDED REVENUE CASES.
• THEIR SPECIAL KNOWLEDGE OF REVENUE AFFAIRS WAS
  THE SOLE CRITERIA FOR THEIR APPOINTMENT AS JUDGES
  IN REVENUE CASES.
• ADJUDICATION WAS NOT THE PRIME DUTY OF THSE
  OFFICERS.
• IN THE MEDIEVAL PERIOD THERE WAS NO WATERTIGHT
  COMPARTMENT OF THE EXECUTIVE AND THE JUDICIARY
  AND THEREFORE THESE EXECUTIVE OFFICERS ENGAGED IN
  THE DEPARTMENT OF FINANCE AND REVENUE WERE
  ASSIGNED JUDICIAL FUNCTIONS RELATIVE TO THEIR
  OFFICIAL DUTIES.

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• BESIDES THEIR WERE LARGE VILLAGE AND CASTE OR
  GUILD PANCHAYATS ,WHICH DECIDED ALL KINDS OF
  CASES----RELIGIOUS,CIVIL AND CRIMINAL FILED BY
  THE HINDUS IN THEIR RESPECTIVE VILLAGES.THESES
  CASES WERE DECIDED ACCORDING TO CUSTOMERY HINDU
  LAW AND USAGE AND THE DECISIONS OF THE PANCHAYATS
  WERE RECOGNIZED BY THE STATE.
• IN FACT THE PANCHAYATS WORKED SUCCESSFULLY DURING
  THE MEDIEVAL PERIOD.
• THOUGH THERE WERE DIFFERENT TYPES OF COURTS,THE
  AREA OF THEIR JURISDICTION AND THEIR RELATIONS
  WITH EACH OTHER WERE NEITHER CLEAR NOR DEFINITE.