LHC suspends officials’ magisterial powers

Reply sought on plea against notification issued on June 17

LAHORE:

Lahore High Court’s (LHC) Chief Justice Muhammad Qasim Khan has sought a reply from the government after suspending a notification under which the divisional commissioners and deputy commissioners were granted powers of special magistrate.

Petitioner Abdullah Tanveer had challenged the government’s notification issued on June 17.

While hearing the petition, the chief justice questioned the performance of the Punjab government. He grilled the government over delegating magisterial powers to the officials. The government should avoid disturbing the system, the CJ remarked.

He said it appeared that the government had keen interest in judicial powers and the court would issue contempt notices to those who had issued the notification.

The Punjab government had made a mockery of the system, the CJ observed.

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The petitioner’s counsel Barrister Momin Malik argued that the government had conferred magisterial powers on the officials for carrying out raids, conducting trials and other ancillary matters relating to price control, hoarding prevention, forests, mines and minerals, food adulteration and safety, encroachment on public and government land, canals and drainage, dangerous driving and violation of route permits, safety and design of buildings, land use and municipal services under any provincial and federal law in vogue.

He contended that the notification was a violation of Article 2(A) and sub-section 3 of Article 175 of the Constitution. He implored the court that sections 14 and 37 of the CrPC were also violated as the government did not request recommendations from the LHC before issuing it.

Barrister Malik argued that the executive could not exercise judicial powers.

The petitioner prayed to the court to suspend he operation of the notification till a decision on the petition. He called for declaring the notification and the Code of Criminal Procedure (Punjab Amendment) Act 2020 unlawful and void.

Published in The Express Tribune, July 10^th, 2020.