Registration of FIRs: Larger bench to assess ‘justice of peace’ powers

Decides to revisit its ruling on the issue

ISLAMABAD:

The Supreme Court on Thursday decided to constitute a larger bench for determining the powers granted to judges of the lower courts regarding the registration of FIRs under section 22-A (6) of Criminal Procedure Code, 1898 (CrPC).

A three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, has also decided to revisit its ruling, where in it is declared that the power of Justice of Peace regarding the registration of FIR is administrative.

During the hearing, amicus curiae Khawaja Haris told the bench that the top court in its March 2014 judgment had observed that the Justice of Peace’s power is administrative.

He contended that this is a quasi-judicial power, which is given to justice of peace under section 22-A (6) of CrPC.

He was also agreed with the bench that the court’s earlier judgment about Justice of Peace (lower court’s judge) should be revisited. Later on, the bench decided to constitute a larger bench for reviewing its March, 2014 judgment on the power of Justice of Peace.

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’.

SC bench rejects NAB plea

Another bench of the apex court rejected the National Accountability Bureau’s (NAB) plea, seeking cancellation of bail of former chairman OGRA Tauqir Sadiq, who is allegedly involved in a multi-million rupee scam. During the hearing, Abid Saqi, counsel for the accused, contended that NAB’s proceedings against his client are biased as they are only targeting him in this scam.

On March 12, a division bench of the Islamabad High Court had accepted the bail application of Sadiq, the main accused in the multi-million rupee scam, against surety bonds worth one million and two personal guarantees.

Later, the National Accountability Bureau (NAB) filed a petition in the Supreme Court seeking cancellation of the Oil and Gas Regulatory Authority’s ex-chairman Tauqir Sadiq’s bail over fears that he may try to flee the country.

“The accused has already been brought back from the UAE after a long legal battle. There is every apprehension that he will misuse the concession of bail and will try to flee away as per his earlier attempts,” the corruption watchdog said in its petition against Islamabad High Court’s order.

“It is, therefore, humbly prayed that the order dated March 13, 2014 may be set aside and the bail granted … may be recalled in the interest of justice,” said the petition.

NAB contended that it filed a reference against Sadiq in the light of an SC order of November 25, 2011. The arrest warrants of the accused were issued by NAB on May 14, 2012, however, he managed to leave Pakistan in order to evade arrest and prosecution.

Published in The Express Tribune, November 21^st, 2014.