Sindh government's justice of the peace power conferral challenged
Petitioner says giving such powers to revenue officials will lead to political victimisation
PHOTO: REUTERS
HYDERABAD:
The Sindh government's notification delegating powers of the justice of the peace, which are exercised by judicial officers, to revenue officials has been challenged in the Sindh High Court (SHC). Although the Hyderabad Circuit Bench did not grant the stay in the petition filed by Advocate Ali Palh on Thursday, the court put the provincial government on notice for April 26.
The April 11 notification, issued by Sindh Home Secretary Qazi Shahid Pervez, designated divisional commissioners, deputy commissioner and assistant commissioners as justices of the peace in their respective jurisdictions. But the notification barred these revenue officials from using the logo of the justice of the peace on their vehicles.
These powers are hitherto being exercised by the district and sessions judge or an additional district and sessions judge. Contained in Sections 22A and 22B of the Code of Criminal Procedure 1898, the law empowers the justice of the peace to arrest a suspect, give directives to the police for an arrest or to direct the police to lodge an FIR in case of the non-registration in a criminal case.
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The transfer of an investigation from one police officer to another, conducting inquiry into a matter concerning breach of peace, receiving complaints against a police officer and recording the statement of a dying person are among the other powers. In his petition, Palh, a lawyer and rights activist, argued that delegation of this authority will allow the incumbent rulers to victimise their political opponents through such empowered revenue officials.
"… apprehension of the petitioner is that these powers conferred to revenue officers, who are highly politicised, will be misused at the instigation of political individuals," he contended in the petition, referring to the Sindh government's repeated attempts to remove Sindh IG Allah Dino Khawaja, who has a reputation of being an apolitical officer.
He pointed out that Sub-section 6 of Section 22A was inserted to address grievances of an aggrieved person by a district-based judicial officer instead of letting his problem be taken to the high court. "… where high-ranking police officers are posted and transferred with political intervention … these powers will further reinforce the idols of influence."
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Palh said the poor do not have access to revenue officials and as such the objective of making these officers justices of the peace will not be achieved. "… such freedom [given] to the revenue officers will increase registration of false and frivolous cases by politically influential people," he feared.
Palh emphasised that the new law will also affect the principle of separation of powers and the criminal justice system. He prayed that the court declare the notification unlawful and suspend its enforcement until the SHC's decision is made.
The Sindh government's notification delegating powers of the justice of the peace, which are exercised by judicial officers, to revenue officials has been challenged in the Sindh High Court (SHC). Although the Hyderabad Circuit Bench did not grant the stay in the petition filed by Advocate Ali Palh on Thursday, the court put the provincial government on notice for April 26.
The April 11 notification, issued by Sindh Home Secretary Qazi Shahid Pervez, designated divisional commissioners, deputy commissioner and assistant commissioners as justices of the peace in their respective jurisdictions. But the notification barred these revenue officials from using the logo of the justice of the peace on their vehicles.
These powers are hitherto being exercised by the district and sessions judge or an additional district and sessions judge. Contained in Sections 22A and 22B of the Code of Criminal Procedure 1898, the law empowers the justice of the peace to arrest a suspect, give directives to the police for an arrest or to direct the police to lodge an FIR in case of the non-registration in a criminal case.
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The transfer of an investigation from one police officer to another, conducting inquiry into a matter concerning breach of peace, receiving complaints against a police officer and recording the statement of a dying person are among the other powers. In his petition, Palh, a lawyer and rights activist, argued that delegation of this authority will allow the incumbent rulers to victimise their political opponents through such empowered revenue officials.
"… apprehension of the petitioner is that these powers conferred to revenue officers, who are highly politicised, will be misused at the instigation of political individuals," he contended in the petition, referring to the Sindh government's repeated attempts to remove Sindh IG Allah Dino Khawaja, who has a reputation of being an apolitical officer.
He pointed out that Sub-section 6 of Section 22A was inserted to address grievances of an aggrieved person by a district-based judicial officer instead of letting his problem be taken to the high court. "… where high-ranking police officers are posted and transferred with political intervention … these powers will further reinforce the idols of influence."
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Palh said the poor do not have access to revenue officials and as such the objective of making these officers justices of the peace will not be achieved. "… such freedom [given] to the revenue officers will increase registration of false and frivolous cases by politically influential people," he feared.
Palh emphasised that the new law will also affect the principle of separation of powers and the criminal justice system. He prayed that the court declare the notification unlawful and suspend its enforcement until the SHC's decision is made.