Lodging of FIR: SC to decide on powers of ‘justice of peace’

Bench had appointed Khawaja Haris and Farogh Nasim as amicus curiae in this matter

ISLAMABAD: The Supreme Court has taken up the matter to examine whether the power of ‘Justice of Peace’(lower court’s judge) regarding the registration of FIRs under section 22-A (6) of Criminal Procedure Code, 1898 (CrPC) is ultra vires of the constitution or not.

The court is also examining that under section 22-A (6) of CrPC, whether the powers of justice of peace are judicial or administrative and whether this authority, given to any judicial officer, is interference in the affairs of administration (police) or not.



The three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, on Wednesday resumed the hearing of the case. The bench had already appointed Khawaja Haris and Farogh Nasim as amicus curiae in this matter.

A sub-section (6) was incorporated in section 22-A of the Criminal Procedure Code, 1898, through Code of Criminal Procedure (Third Amendment) Ordinance 2002. The amendment authorises justice of peace to order registration of cases on complaints. Session judge has the authority to nominate a judicial officer for working as ‘justice of peace’.

During the hearing on Wednesday, Nasim while giving argument supported the power of justice of peace to direct the police for the registration of FIR in any matter. He, however, suggested that rules should be framed to limit the misuse of this power.

On the other hand, Haris contended that this power is ultra vires of Article 175 of the constitution. He stated that this is a quasi-judicial power, which is given to justice of peace under section 22-A (6) of CrPC.

Upon this, the bench observed that if they accept his stance then the court’s earlier judgment on the same issue will be revisited by a larger bench.

Haris said the court should examine whether this power of justice of peace is administrative or judicial. “According to his opinion, this is quasi-judicial authority.” The hearing of the case will resume today.

Additional Advocate General Shafi Muhammad Chandio told The Express Tribune that the court has also issued notices to all provincial law officers to assist in this matter and that he will appear on behalf of Sindh government.

Published in The Express Tribune, November 20^th, 2014.