Lawyers protest restrictions on powers of judicial officers

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PESHAWAR: On the call of Pakistan Bar Council, the lawyers’ community on Wednesday observed boycott of courts across the province, including the provincial capital, against placing of restrictions by the National Judicial (Policy Making) Committee on the powers of judicial officers while acting as ‘ex-officio justice of peace’.

The PBC had on Tuesday announced a two-day strike across the country against the decision. The strike will continue on Thursday.

The lawyers mostly stayed away from courts and vowed to resist the move of the NJPMC, which in its recent meeting had made certain decisions regarding the powers exercised by the district and sessions judges under section 22-A and 22-B of Code of Criminal Procedure.

Litigants mostly appeared themselves before the relevant courts in their respective cases. Most of the cases in different courts were adjourned due to non-availability of lawyers.

The districts and sessions judges and additional district and sessions judges have been exercising powers of ‘justice of peace’ under section 22-A (6) and 25 of CrPC since an amendment was made in the law in 2002. Under the said provision these judicial officers are empowered to order registration of an FIR over a complaint if the concerned police officer declined to register the same. They can also order transfer of investigation of a case from one police officer to another.

The NJPMC in its recent meeting had resolved that since a Police Complaint Redressal Mechanism, as per recommendations of the Police Reforms Committee, had been operationalised at district level in all over Pakistan, which is headed by SP complaints, therefore, applications under section 22-A of CrPC may not be entertained by the courts unless accompanied by decision of the relevant district SP complaints.

Published in Dawn, March 21st, 2019

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