Daily Times

Sir: Law was a set of commands of the sovereign, functions performed by the ex-officio justice of peacewere not executive, administrative or ministerial inasmuch as he did not carry out, manage or deal with things mechanically.

Such functions as described in clauses (i), (ii) and (iii) of section 22-A(6), CrPC, were quasi-judicial as Ex-officio Justice of Peace entertained applications, examined the record, heard the parties, passed orders and issued directions with due application of mind. Every list before him demanded discretion and judgment.

Functions so performed could not be termed as executive, administrative or ministerial on any account. National judicial policy in context of 22-A CrPC is based on bona fides but has not considered the political dynamics of our society. Allegedly SHO is always posted by political person; he would not go against Sardars’/waderas’ till the decision of SSP that whether FIR should be lodged or not the aggrieved party would suffer. These powers under section 22-A CrPC were equitable in nature. Hence their exercise by justice of peace were fulfilling the real aims of justice ie enabling the aggrieved for bring the law in motion via lodging of FIR under section 154 CrPC hence the new Judicial policy by apex court the country may kindly be review in the larger interest of justice & equity keeping in view the feudal dynamic of Pakistan society.

MANZOOR AHMED SOOMRO

Karachi

Published in Daily Times, March 23^rd 2019.