PESHAWAR: Court to receive HR pleas round the clock
Bureau Report
PESHAWAR, Jan 26: The district and sessions Judge, Peshawar, Hayat Ali Shah, has stated that his court would receive human rights cases round the clock.
District and sessions judges have been assigned powers last year under the Criminal Procedure Code, including the power to deal with cases of habeas corpus (illegal detention); non-registration of criminal cases; transfer of investigation from one police officer to another; and, neglect, failure or excesses committed by police authority in relation to its function.
According to a notification issued by Mr Shah, it is necessary for the office of the district and sessions judge to work round the clock for the said purpose.
The notification states: “It is for the information of all the concerned henceforth that the office of the district and sessions judge shall receive applications/complaints relating to the fundamental rights of citizens falling under the jurisdiction of this court, throughout the day.
Such applications/complaints shall also be received in odd hours at the residence of the district and sessions judge subject to provision of proper building as residence, accommodating office as well.”
Mr Shah has further directed that the magistrate on duty should remain in his office till evening and should also be on duty at his residence, provided he resided in an official accommodation.
The government had amended section 491 of the CrPC, dealing with application of habeas corpus, and also empowered the district and sessions judges to hear such cases.
Previously, only the high court was empowered to hear those cases.
Meanwhile, taking cognizance of the misuse of medical certificates by accused persons, the district and sessions judge has directed the Director Health (services), NWFP, Peshawar, to specifically mention the words “For court use” on such certificates.
Through a notification, the judge has observed that medical certificates were invariably being produced from the various hospitals by the accused persons in the courts for exemption from attendance.
Mr Shah has asked the director that it should be brought to the notice of the incharge of all hospitals and doctors concerned that while issuing medical certificates, if the accused persons did not disclose to the doctors that they would use the certificate in court the doctors must write on the top “not for court use”.
He added that a certificate issued for exemption from the court attendance must suggest that patient was ill of the nature that he could not move.
