Justice of Peace as Ex-officio Justice of the Peace is a Judicial Officers like Session Judges and Additional Sessions Judges are allowed to play an important proactive and upbeat role of direct interference in the administration working of the Police then such executive role of Judicial Officer.
Who Can Appoint Justice of Peace
As per Government of Pakistan, Justice of the Peace are Court Officers appointed by the Ministry of Justice and perform its common and special duties such as receiving criminal information and issuing the warrants. Justice of Peace are appointed by commission under the great seal and also can try some Criminal Matters and issue warrants.
Powers and Duties of Justice of Peace in Pakistan
According to the current Judgment issued by Supreme Court of Pakistan dated 12-02-2016, all the orders passed by the Ex-Officio Justice of Peace are Quasi Judicial in nature and cannot be termed as Eecutive, Ministrial or Administrative.
Who is Ex-Officio Justice of Peace (JOP)
There are lot of powers are excersied and granted by Public Officers which are not expressly delegated. In simple words A Judge, is a Ex-Officio be a conservator of the peace and Justice of Peace.
Powers of Justice of Peace Under Criminal Cases
If any false criminal case has been registered against an individual, it becomes exceedingly difficult for him/her to get rid of it. There is lot of time has spend by way of cancellation of the case or acquittal. Basically, the false and frivolous cases are registered just to harrass and enimity against the opposite party.
Powers of Justice of Peace Under Section 22-A
There are lot of Powers and Duties of Justice of Peace under Criminal Cases, so if we look at the Section 22-A, 22-B CrPc, the JOP has been issue the appropriate direction on a complaint filed by any aggrieved person for registration of criminal case (Clause-i) and also JOP has also power for transfer of Investigation from one Police Officer to another Police Officer undr Clause-ii.
Powers of JOP Ex-Officio Under Non-Registration of FIR
If we compare the powers of JOP Ex-Officio in Criminal Cases, then JOP has been issuance of a direction on a complaint for the Non-Registration of FIR/Complaint under sub-section (6)(i) of the Section 22-A and 22-B Code of Criminal Procedure must be satisfy himself material is available on the record, such as application to the concern Station Head Officer (SHO) for registration of the criminal case and on his refusal, complaint send the hgher police officers i.e. DPO, RPO, DIG, CCPO etc. to show that the aggrieved person
Powers of JOP Ex-Officio Under Transfer of Investigation
Under the Section 22-A Code of Criminal Procedure, there are lot of powers of JOP as transfer of investigation of criminal case from one Police Officer to another Police Officer is concerned, a complete guideline has been provided in the special Police Order Rules 2002. However, Clause (ii)of Sub-section (6) of Section 22-A, some poers are granted to the JOP Ex-Officio to issue appropriate direction to the concerned Police Authorities for the transfer of investigation of any case from one police officer to another.
Therefore, it would be appropriate for the Ex-officio Justice of the Peace (JOP), before issuance of any direction has been issued regarding the change or transfer of investigation, to satisfy himself from the available record that the grievance of the aggrieved person by the Police Officers/authorities as provided in the Police Order, 2002.
Powers of Justice of the Peace (JOP) to Issue Direction Under Sec 22-A (6((i) Cr,P.C only jurisdiction which can be exercised by an Ex-officio Justice of the Peace under Section 22-A, Cr.P.C is to examined whether the information disclosed by the applicant did or did not constitute a cognizable offence and if it did then to direct the concern SHO to record an FIR, without going into the veracity of the information in question and no more. PLD 2007 S.C.539.
A: Ex-officio Justice of Peace is empowered to direct registration of case. 2010 P.Cr.L.J. 1466.
B: Powers conferred on Sessions Judge u/s 22-A (6), Cr.P.C. though are not at par with those of writ mandamus, but are substantially of that nature when Sessions Judge as the justice of peace, could direct in charge of a Police Station to register a criminal case reported to it if cognizable offence was made out. 2005 YLR 3297.
C: Condition precedent is simply two fold; first it must be information and secondly it must relate to a cognizable offence on the face of it and not merely in the light of subsequent events. 2007 P.Cr.L.J 145.
D: Every information relating to commission of a cognizable offence pertains only to the information so supplied and do not pertain to actual commission of the cognizable offence and that information supplied should be about an alleged commission of a cognizable offence of his truthfulness or otherwise the concerned police official has only to satisfy himself to the extent that information is in respect of a cognizable office. PLD 2003 Lah. 228. More Read