PESHAWAR, Jan 2: Due to non-issuance of a vital notification by the provincial government after amendments to the Criminal Procedure Code and other laws, a large number of cases could not be submitted before the courts concerned.

Previously, the district magistrate used to give sanction for filing of cases falling under different provisions of Pakistan Penal Code and other laws, including Explosive Substance Act, 1908, but after Aug 14, 2001, the officer-in-charge of prosecution in a district has been empowered in that regard.

In August last year, the federal government made amendments to the CrPC and other laws, substituting in a number of sections the words “district magistrate” with “officer-in-charge of prosecution in a district.”

In certain offences, the officer-in-charge of prosecution in a district has now to issue sanction for submission of cases before a court. However, till now the NWFP Government has not issued the required notification for notifying the district prosecutor as the official in charge of prosecution.

Due to this lacuna, the district prosecutors in all the districts of the province could not send those cases to courts for which previously the district magistrate (deputy commissioner) was authorised to give sanction.

A local lawyer said that although it was understood that the district prosecutor was officer-in-charge of prosecution in a district, it was necessary that a notification was issued for declaring it to fulfil the legal requirement.

The amendments to the CrPC were made on Aug 14, 2001, through the Code of Criminal Procedure (Amendment) Ordinance, 2001 (Ordinance No XXXVII of 2001). Some of the sections in which the words district magistrate were replaced with officer-in-charge of prosecution included sections 196A, 337, 338, 373 and 492. The office of district magistrate also ceased to exist after Aug 14.

Apart from giving sanction for different cases, the officer-in-charge of prosecution has also been empowered to declare a person an approver in a case by granting him pardon with a view to obtaining his evidence. Previously, the district magistrate or the sub-divisional magistrates were authorised to grant pardon under section 337 of CrPC.