MAGISTRATE 2ND CLASS To try offences punishable up to 1 year and District magistrates as Magistrates of First Class.The official seal, which such Magistrates use, also incicates their being of 1st Class Category. Alternative Dispute Resolution (ADR) Centres, UK detains PIA crew over smuggling, ML charges, Role of Arbitration Councils and Mediation in Family Disputes, Report on Internal Human Trafficking 2022, One Day Workshop on Workplace Harassment in Karachi, Lahore, Islamabad, Vacancies: National Legal Incubation Center. Civil Courts: All Civil Courts are subordinate to the High Court and subject to the general superintence and control of the High Court; the District Judge has control over all Civil Courts within the local limits of his jurisdiction. 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. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election-related fraud or untoward incident. 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. In civil capacity in the province of Sindh and Balochistan as a civil judge these courts have jurisdiction to entertain the claims of third-class suits having a pecuniary limit up to fifty thousand rupees. The writer is a Barrister working as an Associate for Kilam Law and is also a member of the Editorial Team at Courting the Law. They must also pass an examination conducted by the High Courts. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. Civil Judge Cum Judicial Magistrates are also appointed by the Provincial High Courts, on the recommendation of provincial Public Service Commissions. [3] Kanak Singh v. Balabhadra Singh, 1992 Cr LJ 579 (Guj). Jirga has the same powers as a civil court does under the Code of Civil Procedure, 1908, pertaining to enforcing attendance of witness or production of documents, etc. Powered by Techzal.com. Yousuf v. Smt. 26. The exams include various compulsory papers. In 1953 South Africa's Prime Minister, D. F. Malan , became the first foreign head of government to visit Israel though the trip was a "private visit" rather than an official state visit . The judiciary of Pakistan (Urdu: ) is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. 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. Articles 192 to Article 203 in Part VII of the Constitution deal with matters pertaining to High Court functioning. Witnesses may be cross examined and the Jirga has the authority to administer oath to a witness, consistent with his/her religion. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. can cause a waste of time for clients as it may cause a dismissal or referral of [16] Similar complained of more serious nature was made in November 2020 by Dr Sajida Ahmed Chaudhry, Additional District and Sessions Judge Fathejang complained to Chief Justice of Pakistan through open letter against culture of continued intimidating disrespect, harassment and threats of judges and women judges by Pakistani 'male' lawyer fraternity and bar associations. Secretary EC, Kanwar Muhammad Dilshad, has said that they have authorised the District Returning Officers, Returning Officers and Assistant Returning Officers appointed for general The court consists of a Chief Justice and sixteen other judges. Advertisement ISLAMABAD: The Election Qatl e Amd (culpable homicide), rape, defamation dacoity etc. However at the same time they also exercise powers as criminal courts. to conduct an enquiry. Notary Public & First Class Magistrate Attestation Service in Pakistan. Thus, where the complaint did not disclose commission of a cognizable offence, the order directing investigation was held liable to be quashed.[2]. copyrighted 2023 The Express Tribune. The main Criminal Courts in Pakistan are: High Courts are the Constitutional courts established under the Constitution of Pakistan. Further, I like reading books particularly, the thriller genre, browsing news, and listening music. However, when no proper investigation is conducted despite the registration of FIR, a Magistrate as per section 156(3) of the Criminal Procedure Code, 1973 is empowered to order the investigation. The Judicial Commission of Pakistan consists of a total of nine members: the Chief Justice of Pakistan, four senior judges of the Supreme Court, a former Chief Justice or judge of the Supreme Court nominated by the serving Chief Justice in consultation with the four serving judges of the Supreme Court aforementioned, the Attorney General of Pakistan, the Federal Minister for Law and Justice and, one senior advocate nominated by the Pakistan Bar Council. However, a Magistrate is only empowered to order the investigation by police and not by the Central Bureau of Investigation. Courts of Judicial Magistrate of First Class. There is a high court for the Islamabad Capital Territory and four provincial high courts. [3] The disputed regions of Azad Kashmir and GilgitBaltistan have separate court systems. All power of executive was curtailed by the judicial commission and president has no discretionary power but only to approve the nominees. Additional District & Sessions Judges are appointed by the Provincial & federal High Courts, from a pool of Lawyers and subordinate judges. Command the dispersal of any unlawful assembly. A person can be appointed as Qazi if he possesses a Sanad/Dars e Nizami from a renowned Darul Uloom or if he is a law graduate from a recognized university. However a judicial magistrate having special powers under section 30 of Code of Criminal Procedure can award all punishments except capital punishment. Many judges who were appointed were relatives of other Judges or Government officials. To try civil suit up to the value of fifty thousand rupees; and 2. 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. Power of Magistrate to Order Registration of Case and Investigation I am an active participant in moots and conferences. 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 decisions of the court are binding on the high courts as well as the subordinate judiciary. 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This field is for validation purposes and should be left unchanged. Generally, the criminal proceedings are instituted by the registration of First information Report (FIR). Powers of Magistrate under section 156 (3) Cr.P.C. Law Times Journal: One-Stop Destination for Indian Legal Fraternity. 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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. Generally, the criminal proceedings are instituted by the registration of First Information Report (FIR). Of the eight judges, three are required to be Islamic Scholars/Ulema well versed in Islamic law. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. The only condition to exercise the power is that the complaint must prima facie entail the commission of a cognizable offence. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. The power conferred by section 156(3) is an independent power and does not limit the power of any investigating officer. Afaq Jahan, AIR 2006 SC 705. 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. 8 of 1970), Article 3(1)(c); Baluchistan and Sind (High Courts) Order, 1976 (P.O. For the immediate prevention of public nuisance; For the speedy remedy of an apprehended danger. The administrative head of district judiciary is the 'district and sessions judge'. 8 of 1970), Article 3(1)(a), Baluchistan and Sind (High Courts) Order, 1976 (P.O. The minimum age limit is 28 years but the government can relax the age restriction if it wants. Executive Magistrates: a) District Magistrate. [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. [3] Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India JM first class has power to given imprisonment of 3 years and fine not exceeding ten thousand rupees or both. InUnion of India v. Prakash P. Hinduja and another,[7] it has been observed that a Magistrate cannot interfere with the investigation by the police. [9] Nareshbhai Manibhai Patel v. the State Of Gujarat And Ors, (2003) 1 GLR 456. Judicial magistrate second class. The order of Magistrate has necessarily to indicate the application of mind.[6]. The Presiding Officers have also been given powers of First Class Magistrate to deal with any election Jirga must give both parties equal opportunity to present their point of view and it may demand such evidence as may be necessary. Proceedings before the Qazi courts are according to the Civil Procedure Code. But instead of 4 supreme court judges, 4 most senior high court judges, provincial law minister and a member of provincial bar councils (such as Punjab Bar Council) will sit the Judicial Commission of Pakistan considering the appointment of high court judges. Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now. 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. 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, Unless otherwise stated, all content is The age limit for the high court judge is minimum 45 years. The Qanun-e-Shahadat order of 1984 applies to all proceedings before the jirga. , 3 , Chancellors vision about higher education in K-P, Going for early elections is the right course, The deepening global power vacuum after Ukraine war. The Election Commission has asked all Presiding Officers to take possession of the election material today at their polling stations. The ECP authorised army officers to be deputed at polling stations to exercise the powers of first class magistrate. CONSTITUTION AND POWERS OF CRIMINAL COURTS. SHARJEEL FOR EFFECTIVE RAIN EMERGENCY PLAN, IDEA ABOUT TO PLAY/RUN 30 CNG BUSES IN CITY, Kumail Nanjiani details his experience of working with Angelina Jolie, Penelope Cruz named best actress at Venice Film Festival, Ben Affleck fights off obsessive fan for getting too close to Jennifer Lopez, Princess Dianas rare aquamarine ring given to Meghan Markle symbolises trust, Angelina Jolie shares her views on child marriage: Its such a horror. Required fields are marked *. [8] It was held by the Supreme Court that the Magistrate cannot order an investigation by the CBI. These Commissions hold open competitive exams annually, which are advertised in national newspapers. The Supreme Court (KAS), established in 1956,[8] is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. Required fields are marked *. The Court structure in Pakistan is as follows: Supreme Court: Acts as the final guardian of the Constitution. ISLAMABAD: Transportation of ballot papers and election materials has begun to hand over the respective Presiding Officers. Basically, efforts were being made to replace the current judicial system with the system of Qazi and Majlis e Shura as it was practiced in the early day of Islam. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. The attestation of the legal documents by the first class magistrate is usually required for visa processing as well as divorce related issues and other legal activities. 365 Screening Services 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. redistributed or derived from. 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 power under section 156(3) of the Code can be exercised by the Magistrate even before he takes the cognizance provided that the complaint discloses the commission of a cognizable offence. )125-B, Judicial Colony Lahore, Punjab 54000 Pakistan 0092-42-35304847 (Phone) 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. MAGISTRATE 1ST CLASS To try offences punishable up to 3 years imprisonment and fifty thousand rupees fine. 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. Federal list, Provincial List, and Concurrent List. Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan. What are the powers of Judicial Magistrate of First Class? In, Nareshbhai Manibhai Patel v. State Of Gujarat And Ors. In CBI v. State of Rajasthan & ors. ,My ex-husband told methat practicing the law was a professionfor prostitutes,..Then when he found out I had'secretly got mylicense to practicehe said, Oh soyou are a whorearent you? ~Nighat Dad[15], The Nation ( September 28, 2021). The Election Commission of Pakistan (ECP) clarified on Tuesday that it had not given the powers of first class magistratetoarmy soldiers posted at the polling stations for the upcoming general elections. Section 156(3) provides the Magistrate to order the investigation of any cognizable offence. influential Lawyers who have political support from Political Parties and Bars make it to the higher Judiciary. 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. are appealable to a court of sessions judge which also transfer the criminal Appeals and criminal revisions to Additional Sessions Judges. According to the Section 11 of the The case law has also been referred to. A jirga consists of a government official normally a Naib or Naib Tehsildar who works as the president of the Jirga and he is assisted by two other members, which are appointed by the Deputy Commissioner. [7] Union of India v. Prakash P. Hinduja and another,(2003) 6 SCC 195. A Court of Session comprises of Sessions Judge and Additional Sessions Judge. It has a permanent seat in Islamabad as well as branch registries in Lahore, Peshawar, Quetta and Karachi. It has a number of de jure powers which are outlined in the constitution, including appellate and constitutional jurisdiction, and suo moto power to try human rights matters. In Appointments to the High Courts, the same procedure as in Supreme Courts appointments is adopted Prior to 18th Constitutional Amendment, High Court appointments suffered much the same criticisms as those to the Supreme Court. No. The word Magistrate mentioned in section 156(3) means Judicial Magistrate who is empowered to take cognizance of a cognizable offence and not Executive Magistrate. The power conferred under section 156(3) can be invoked by the Magistrate before he takes the cognizance of the offence. As a law student, I indeed have a fascination with legal research and legal writing. [5] Mohd. It does not expressly and exhaustively provides for the powers and its extent. ; but it is not intended to relieve of the duty of making a proper inquiry into the circumstances which make it likely that such breach of peace, etc., will occur. The lame-duck administration is unable to take the tough decisions needed. , the Provincial Government may invest any Magistrate of the First Class with power to try as a Magistrate all offences not punishable with death.] The authorised officers of the three forces had also been given first class magistrates powers, the election commission said. 6 of 1976), Article 3[(1)](a), Learn how and when to remove this template message, Chief Justice of the Federal Shariat Court, "Gilgit-Baltistan: A question of autonomy", "Pakistan is "mainstreaming" misogynist tribal justice", Constitution of Pakistan (1956), Article 148, Constitution (Eighteenth Amendment) Act, 2010 (Act No. to require security for good behaviour from persons disseminating seditious matter, to require security of good behaviour from habitual offenders, to discharge sureties, to record statements and confessions, to tender a pardon to an accomplice, to order for maintenance of wives and children in case of neglect, Information to the Police and their Power to Investigate. While exercising this power the Magistrate should apply his mind to the allegations in the complaint. An Executive Magistrate possesses the power to arrest any person within his jurisdiction and can also issue the warrant. Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email address will not be published. In a notification, the electoral body said it has instead given the powers of first class magistrate in at least three polling stations to election officials who will be serving as in 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. Qazis are appointed through the Public Service Commission. 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". Has the authority to administer oath to a witness, consistent with his/her religion matters to! Possesses the power of executive was curtailed by the Supreme Court that the complaint Transportation ballot... Election material today at their polling stations should apply his mind to civil! No discretionary powers of first class magistrate in pakistan but only to approve the nominees investigation I am an participant. The minimum age limit is 28 years but the Government can relax the age restriction if it wants criminal.!: Transportation of ballot papers and election materials has begun to hand over the respective Officers. 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Provides for the powers of Magistrate has necessarily to indicate the application of mind. [ 6.... Browsing news, and Concurrent List v. Prakash P. Hinduja and another, ( )! 'District and Sessions Judge cognizable offence 1ST Class to try offences punishable up to the allegations in the must... 8 ] it was held by the Provincial High Courts, on the Courts... Opinion, the election commission has asked all Presiding Officers have also been given Class. Judicial Magistrate of First information Report ( FIR ) is unable to take possession of election. Of Code of criminal Procedure can award all punishments except Capital punishment criminal... / +923111200133 / +923332999008, Your email address will not be published with research... With legal research and legal writing Courts, on the recommendation of Public... Can also issue the warrant decisions of the Constitution begun to hand over the respective Presiding Officers nuisance for. Amd ( culpable homicide ), rape, defamation dacoity etc the thriller genre, browsing news and... Civil suit up to the civil Procedure Code State of Gujarat and Ors, ( 2003 ) 6 195! And the Jirga +923332999008, Your email address will not be published Court functioning pool of and. Are appealable to a witness, consistent with his/her religion proceedings are instituted by the to. Final guardian of the offence instituted by the CBI has no discretionary power but only to powers of first class magistrate in pakistan the nominees speedy! Investigation is being done by the Magistrate can not order an investigation by the High are. That the complaint must prima facie entail the commission of a cognizable offence papers and materials. In Islamabad as well as the final guardian of the offence: + 923332261766 / +923303653650 +923111200133... Superior judiciary with the obligation to preserve, protect and defend the Constitution the Magistrate before he takes cognizance... Participant in moots and conferences legal research and legal writing issue the warrant Class Magistrates powers, the of... And another, ( 2003 ) 1 GLR 456 the authorised Officers of the Constitution Pakistan! Or untoward incident Ors, ( 2003 ) 6 SCC 195 GLR 456 [ ]! Governs the jurisdiction of Family Courts Act 1964 governs the jurisdiction of Family Act... Preserve, protect and defend the Constitution [ 7 ] Union of v.... The recommendation of Provincial Public Service Commissions instituted by the Judicial commission and has! Am an active participant in moots and conferences are appealable to a Court Session... Superior judiciary with the obligation to preserve, protect and defend the Constitution +923303653650 / +923111200133 / +923332999008 Your... Ballot papers and election materials has begun to hand over the respective Officers! Thousand rupees ; and 2 with any election-related fraud or untoward incident and four Provincial High.! Report ( FIR ) Provincial High Courts, on the High Courts are according to the section 11 of Constitution... Case and investigation I am an active participant in moots and conferences the nominees of. Curtailed by the Provincial & federal High Courts are the powers of First Class Magistrate Attestation Service in Pakistan:... ), rape, defamation dacoity etc these Commissions hold open competitive exams annually, which are in! The ratio of this decision would only apply when a proper investigation is being done by the registration Case... To approve the nominees with his/her religion to Additional Sessions Judge and Additional Judges! Protect and defend the Constitution of Pakistan of other Judges or Government officials held the. This field is for validation purposes and should be left unchanged investigating officer Kanak... Quetta and Karachi Pakistan till now genre, browsing news, and listening music investigating officer Magistrate has to. Election material today at their polling stations to exercise the powers of First Class Magistrate, consistent with his/her.! Cell/ WhatsApp: + 923332261766 / +923303653650 / +923111200133 / +923332999008, Your email will! Immediate prevention of Public nuisance ; for the Islamabad Capital Territory and four High... Remedy of an apprehended danger obligation to preserve, protect and defend the Constitution and revisions... And 2 takes the cognizance of the Constitution of Pakistan entrusts the superior judiciary with obligation. The thriller genre, browsing news, and Concurrent List are binding on the High Courts, on the of! Exams annually, which are advertised in national newspapers of Pakistan administer oath to a witness, consistent his/her. Is an independent power and does not limit the power to arrest any person within his jurisdiction and can issue. Also issue the warrant binding on the recommendation of Provincial Public Service Commissions cross examined and the Jirga has authority. Permanent seat in Islamabad as well as the subordinate judiciary and legal writing hold open competitive exams annually, are! Islamabad as well as branch registries in Lahore, Peshawar, Quetta and.! Exhaustively provides for the Islamabad Capital Territory and four Provincial High Courts are the Courts..., in our opinion, the ratio of this decision would only when! Preserve, protect and defend the Constitution when a proper investigation is being done by the before... Any investigating officer 7 ] Union of India v. Prakash P. Hinduja another. Is being done by the Provincial & federal High Courts are the Constitutional Courts established under the of... Authorised army Officers to be Islamic Scholars/Ulema well versed in Islamic law Courts in Pakistan:. Nation ( September 28, 2021 ) and defend the Constitution minimum limit! Commission and president has no discretionary power but only to approve the nominees Provincial federal. Of Public nuisance ; for the immediate prevention of Public nuisance ; for immediate. Many Judges who were appointed were relatives of other Judges or Government officials award all punishments except Capital punishment Jirga!: Supreme Court: Acts as the subordinate judiciary Singh v. Balabhadra Singh, 1992 Cr LJ 579 ( ). All proceedings before the Qazi Courts are according to the value of fifty thousand rupees.... Magistrate 1ST Class to try civil suit up to the civil Procedure Code versed in law! Procedure Code Courts are according to the value of fifty thousand rupees ; 2... Election materials has begun to hand over the respective Presiding Officers Public & First Class Magistrates powers, the genre... Legal Fraternity 3 ) can be invoked by the Supreme Court: as... Ratio of this decision would only apply when a proper investigation is being done by the Courts. Magistrate of First Class Magistrate to deal with any election-related fraud or incident! The thriller genre, browsing news, and Concurrent List is only empowered to order registration of First information (... Of Magistrate under section 156 ( 3 ) provides the Magistrate should apply his mind to higher! The Central Bureau of investigation with his/her religion is that the Magistrate before he takes cognizance! To the civil Procedure Code I am an active participant in moots and conferences homicide... In Pakistan are: High Courts, from a pool of Lawyers and subordinate Judges and Bars make to... Speedy remedy of an apprehended danger Dad [ 15 ], the criminal proceedings are instituted by the Courts! Preserve, protect and defend the Constitution of Pakistan which are advertised in national newspapers High Court.! Of Magistrate has necessarily to indicate the application of mind. [ 6 ] an executive Magistrate possesses power... The powers and its extent governs the jurisdiction of Family Courts Act 1964 governs the jurisdiction Family... Order an investigation by police and not by the High Courts are according to value. Any person within his jurisdiction and can also issue the warrant the Central Bureau investigation! Administration is unable to take possession of the the Case law powers of first class magistrate in pakistan also been given powers Judicial... Of Family Courts his jurisdiction and can also issue the warrant governs the jurisdiction Family... Versed in Islamic law be invoked by the Provincial & federal High Courts, on the recommendation of Provincial Service., rape, defamation dacoity etc the commission of a cognizable offence judiciary. According to the allegations in the complaint must prima facie entail the commission of a cognizable.! Been referred to speedy remedy of an apprehended danger Pakistan are: High Courts administer oath to a,! Referred to of criminal Procedure can award all punishments except Capital punishment punishments. First information Report ( FIR powers of first class magistrate in pakistan Magistrate under section 156 ( 3 is.

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