PESHAWAR/NORTH WAZIRISTAN: The police in North Waziristan tribal district on Wednesday announced an indefinite boycott of duties to protest the provincial government’s decision of delegating magisterial powers to deputy commissioners in the region.

They also said a jirga of the Levies and khasadar personnel would be held in Peshawar on March 15 to finalise the future course of action.

The announcement was made by deputy superintendent of police Syed Jalal, who heads the Levies/Khasadar Forces Association in tribal districts, during a news conference at the Miramshah Press Club.

The DSP said that the North Waziristan police would neither register FIRs nor would they perform other duties, including those during the anti-polio campaigns in the district.

Announce jirga of Levies, Khasadar forces on 15th to decide future line of action

He said the provincial government’s decision regarding the delegation of magisterial powers to DCs in tribal districts was unacceptable.

Mr Jalal demanded the restoration of khasadari system in the region and replacement of DCs with political agents by a constitutional amendment.

“The provincial government should not interfere in the police’s affairs in tribal districts. The police personnel will not resume duty unless their demands are accepted,” he said.

During a meeting on March 1, the provincial cabinet had approved the appointment of DCs in tribal districts as the justices of peace to their respective districts.

Before the merger of the erstwhile Federally Administered Tribal Areas (Fata) with Khyber Pakhtunkhwa in July 2018, the local political agents had magisterial powers.

The Provincial Task Force, in a meeting chaired by Chief Minister Mahmood Khan onJan 12, 2022, had approved the appointment of DCs as the justices of peace in tribal districts.

Under Section 22A(1) of the Code of Criminal Procedure, a justice of the peace for any local area shall, for the purpose of making an arrest, have within such area all the powers of a police-officer referred to in Section 54 and of an officer in charge of police station referred to in Section 55.

Sub-section 2 of the CrPC says that a justice of the peace making an arrest in exercise of any powers under sub-section (1) shall, forthwith, take or cause to be taken the person arrested before the officer in charge of the nearest police station and furnish such officer with a report as to the circumstance of the arrest and such officer shall thereupon re-arrest the person.

Under the CrPC, a justice of the peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him (a) in taking or preventing the escape of any person who has participated in the commission of any cognisable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having participated and b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or disturbance of the public tranquility.

Similarly, sub-section 4 of the code says, where a member of the police force on duty has been called upon to render aid under sub-section 3, such call shall be deemed to have been made by a competent authority.

“On receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission or any offence within such local area, forthwith make inquiries into the matter and report in writing the result of his inquiries to the nearest magistrate and to officer in charge of the nearest police station,” it said.

Published in Dawn, March 10th, 2022

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