On November 21, 2002 ex-officio Justice of the Peace in Pakistan (a district judge) were conferred an additional role through promulgation of the Criminal Procedure (Third Amendment) Ordinance. This role was in respect of entertaining complaints and issuance of appropriate directions to the concerned police authorities regarding registration of criminal cases and in respect of neglect, failure or excess committed by the police authorities in relation to its functions and duties.
Amendments in the Criminal Procedure Code 1898 have been so made to lessen the burden of the High Court, which was created through the filing of writ petitions seeking registration of cases and transfer of investigations. Before the said amendment aggrieved party could go to the High Court of the concerned province for filing a petition. But the remedy was not so productive because of its lengthy and delayed process.
Object of Section 22-A Cr.P.C. is that if a grievance is voiced with regard to non-registration of FIR in a cognizable offence, Justice of the Peace in terms of the said section can only direct/suggest as to whether in the terms of Section 154, Cr.P.C the S.H.O. had acted legally or illegally.
Similarly, Section 22-A Cr.P.C. is to provide a responsible forum at the doorstep of the citizens for rescue against unlawful declines relating to registration of cases in cognizable offences.
Recently on March 11, a meeting of National Judicial Policy Making Committee (NJPMC) was held under the chairmanship of Honorable Chief Justice of Pakistan Asif Saeed Khan Khosa. In this meeting two main decisions were taken: establishing of Model Courts in every district to expedite justice and rolling back the power of the justice of peace which was guaranteed by 22 -A of CrPC.
The reason cited by the CJ for rolling back this power is that currently courts of the Sessions Judges and Additional Sessions Judges, under the Code of Criminal Procedure, 1898, are burdened with cases relating to giving directions to the police authorities for registration of the case. He stated that the above-referred jurisdiction is tantamount to the involvement of the judiciary in executive functions and is in collision with the principle of separation of powers.
The committee also resolved that since a police complaint Redressal Mechanism, as per recommendations of the Police Reforms Committee has 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.
The argument of the CJP that power of justice of peace is tantamount to involvement in executive function and is in collision with the principle of separation of powers is totally baseless as its not only in contrast to the few existing criminal laws but also stood against the Judgment (PLD 2016 Supreme Court 581) of the SC in which the august court has ruled out that the power of Justice of Peace is quasi-judicial.
In the Judgement, Younas Abbas and others Vs Additional Sessions Judge, Chakwaland others (PLD 2016 Supreme Court 581), Supreme Court ruled out that the functions performed by the ex-officio Justice of Peace being quasi-judicial in nature cannot be termed as executive, administrative or ministerial; that such functions being complementary to those of the police do not amount to interference in the investigative domain of the latter.
By rolling back the power of Justice of peace once again, an opportunity has been granted by the CJP to the police for it to misuse its power against the ordinary citizens
Further, the SC added that the functions, the ex-officio Justice of Peace performs, are not executive, administrative or ministerial inasmuch as he does not carry out, manage or deal with things mechanically. His functions as described in Section 22-A Cr.P.C., are quasi-judicial as he entertains applications, examines the record, hears the parties, passes orders and issues directions with due application of mind. Every list before him demands discretion and judgment. Functions so performed cannot be termed as the executive, administrative or ministerial on any account.
The statement of the CJ regarding the police complaint Redressal Mechanism which he made a base for the rolling back of power of Justice of Peace is a matter of deep concern. The police mechanism has been operationalised after the direction of the Steering Committee on Police Reforms dated October 29, 2018. No matter, it is a good mechanism for speedy and expeditious redressal of grievances, being faced by the people from police department. But at the same time it also hosts a pack of weaknesses which impedes its proficient performance. The procedure for lodging complaint is too lengthy and technical which is not the job of a layperson. Secondly, it does not provide for a quick response to the grievances of people by the SP Complaint thereby leaving a chance for a delayed response, intentional or unintentional, in which case relief granted should be deemed as relief denied.
The secretary of NJPMC briefed the committee that from 01-01-2017 to 28-02-2019 total number of cases filed under section 22 A CrPC in the district judiciary throughout the country are 614,307, while during the same period 47,029 cases under the said provisions were filed in the high courts.
The number of complaints shared by IGPS of all four provinces including Islamabad in meeting of Police Reform Committee (PRC) held in Islamabad is 11,436 complaints received by Punjab police, 1,573 by KP, 117 by Baluchistan, 23542 by Sindh and 3,845 by Islamabad police.
Do the math now; the numbers of complaints across Pakistan registered under 22A are 66,1336 while the number of complaints registered under the Police Redressal mechanism, from 2018 till today across all four provinces including Islamabad are 40,513. The above calculation shows that the Justice of Peace is more effective mean of redressal of grievances than the police mechanism. It means that the populace is more satisfied with and preferred the mechanism of justice of peace over Police mechanism.
By rolling back the power of Justice of peace once again, an opportunity has been granted by the CJP to the police for it to misuse its power against the ordinary citizens. The decision of the CJP will obviously expand the power of the police which would leave aggrieved persons at the mercy of the police.
We are requesting the CJP to take his decision back and to reinstate the Power of Justice of Peace under 22 A just for the sake of justice.
The writer is a lawyer based in Islamabad with an LLB degree from Islamia College University, Peshawar
Published in Daily Times, March 22nd 2019.
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