Contempt notices issued over magisterial powers

LHC seeks report about people sentenced by officials

LAHORE:

Lahore High Court’s (LHC) Chief Justice Muhammad Qasim Khan has issued contempt notices to the deputy commissioner and assistant commissioner of Sheikhupura for using magisterial powers despite suspension of the notification issued in this regard.

The top judge of the province also issued a notice to the chief secretary, observing as to why he should not be served with a contempt notice.

The chief justice sought a report from the inspector general of prisons by August 6 on how many people were sentenced by the officials despite the court having suspended the notification wherein they had been given magisterial powers.

Petitioner Abdullah Tanveer had challenged the government’s notification, issued on June 17, in the LHC through Barrister Momin Malik.

The petitioner’s counsel contended that the officials were stilling using magisterial powers despite the suspension of the notification. Barrister Malik said the officials had sentenced several people in Sheikhupura to five-day imprisonment, upon which CJ Qasim Khan expressed his displeasure.

Issuing contempt notices to the commissioner, deputy commissioner and assistant commissioner concerned, the CJ also issued a notice to the provincial chief secretary to explain what message had been conveyed to the officials who were still using magisterial powers despite the notification having been suspended.

In previous proceedings, the petitioner’s counsel had argued that the government had conferred magisterial powers on the administration officials for carrying out raids, conducting trials of offences and other ancillary matters relating to price control and hoardings prevention, forests, mines and minerals, food adulteration and safety, encroachment on public and government land, canal and drainage, dangerous driving and violation of route permits, safety and designs of buildings, land use and municipal services under any provincial and federal law in vogue. He contended that the government’s 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 had also been violated as the government had not sought LHC’s recommendations before issuing the notification. Barrister Malik further argued that the executive could not exercise judicial powers.

Published in The Express Tribune, July 22^nd, 2020.