BHC suspends cabinet’s decision granting judicial powers to executive officers

QUETTA: The Balochistan High Court has suspended the implementation of a provincial cabinet decision that granted First Class Magistrate powers to all Deputy Commissioners, Additional Deputy Commissioners, and Assistant Commissioners across the province.

A two-member bench comprising Chief Justice of the Balochistan High Court, Justice Rozi Khan Barech, and Justice Sardar Ahmed Halimi issued this order during the hearing of a constitutional petition filed by Iftikhar Ahmed Langove against the Government of Balochistan.

The petitioner argued that the provincial cabinet, on September 24, 2025, had approved a decision assigning judicial powers to executive officers, which is a clear violation of the Constitution and the law. The petitioner cited a previous ruling by the Balochistan High Court (PLD 2012 Balochistan 57: Muhammad Kamran Khan Mulkhail vs. Government of Balochistan), which established that assigning judicial powers to executive officials is unlawful from the outset.

It was further stated that under Section 14 of the Code of Criminal Procedure, 1898, the provincial cabinet holds no authority to confer First Class Magistrate powers.

Finding the objections to be legally substantial, the court issued notices to the provincial government and other respondents. The Advocate General of Balochistan was also directed to be notified. The court has suspended the implementation of the September 24, 2025 decision until further hearings.