| Citation(s) |
|---|
| 2015 SLG 2942 2015 SLD 2942 2015 PCRLJ 1509 |
Balochistan High Court
Constitutional Petitions Nos. 475,493, 496, 513, 518 of 2014, decided on 25th May, 2015
MUHAMMAD KAMRAN KHAN MULAKHAIL AND MRS. SYEDA TAHIRA SAFDAR, JJ
Syed Ayaz Zahoor and Masoom Khan Kakar for Petitioner (in C.P. No. 475 of 2014). Nauroz Khan Mengal (absent) for Petitioner (in C.P. No. 493 of 2014). Abdul Ghani Mashwani (absent) for Petitioner (in C.P. No. 496 of 2014). Sohail Ahmed Rajpoot (absent)
Constitutional Petitions Nos. 475,493, 496, 513, 518 of 2014, decided on 25th May, 2015
MUHAMMAD KAMRAN KHAN MULAKHAIL AND MRS. SYEDA TAHIRA SAFDAR, JJ
Syed Ayaz Zahoor and Masoom Khan Kakar for Petitioner (in C.P. No. 475 of 2014). Nauroz Khan Mengal (absent) for Petitioner (in C.P. No. 493 of 2014). Abdul Ghani Mashwani (absent) for Petitioner (in C.P. No. 496 of 2014). Sohail Ahmed Rajpoot (absent)
NOORULLAH and others
VS
ADDITIONAL DISTRICT AND SESSIONS JUDGE and others
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 561-A---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Justice of Peace---Powers and jurisdiction of---Nature---Order of Justice of Peace was not assailable under S.561-A, Cr.P.C.---Powers of Justice of Peace, were merely administrative and ministerial in nature and character---Any order passed under Ss.22-A & 22-B, Cr.P.C., did not involve any adjudication, which could be termed as judicial in nature and character---Any order passed by ex-officio Justice of Peace, would not be assailable under S.561-A, Cr.P.C., and being administrative/executive in nature, could only be assailed under Art.199 of the Constitution. Khizar Hayat and others v. Inspector General of Police Punjab and others PLD 2005 Lah. 470; Emperor v. Khwaja Nazir Ahmad AIR (32) 1945 PC 18; Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677; Nazir Ahmed and others v Muhammad Shafi and another PLD 1980 SC 65; Bahadur and another v The State and another PLD 1985 SC 62 and Muhammad Ali v. Additional I.G. Faisalabad and others PLD 2014 SC 753 ref. ORDER MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---These Constitutional Petitions have been preferred against the orders passed by respective Sessions/Additional Sessions Judges in their capacity as ex-officio Justices of the Peace on applications filed under section 22-A Cr.P.C. The constitutional Petition No. 475 of 2014 was filed on 26-6-2014 and came up for hearing on 8-7-2014, when the following order was passed: "The learned counsel to satisfy whether constitutional petition lies against an order passed under section 22-A, Cr.P.C. and whether alternate remedy under section 561-A, Cr.P.C. is not available. Branch to put up orders passed in this regard by the court along with this petition on the next date of hearing as well." On subsequent date of hearing i.e. 10-7-2014, Mr. Muhammad Aslam Chishti, Senior Advocate Supreme Court, was appointed amicus in the instant petition, who was already appointed amicus in C.P. No.209 of 2014, which is pending and is fixed for 26-7-2015. However, it is pertinent to…
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