Law in force but Punjab DCs still without magisterial powers

LAHORE: Although the law to give magisterial powers to deputy commissioners in Punjab is in force, it could not be implemented.

According to the documents available with “Jang”, the Punjab Assembly passed the Code of Criminal Procedure (Punjab Amendment) Act 2020 in May 2020 by amending Section 14A of the Code of Criminal Procedure 1898.

Under the amended act, the deputy commissioners have the magisterial powers to proceed against those violating laws relating to forests, minerals, mining, food adulteration, food safety, encroachments, canals and drainage, dangerous driving, route permits, buildings designs and municipal services. Earlier, deputy commissioners had only the powers of price control magistrates. After the approval of the amendment act by the Punjab government, a notification was issued.

A writ petition was filed against the Act. During the hearing of the case, the Lahore High Court asked the Home Secretary Punjab and Chief Secretary how they issued the notification of magisterial powers without taking judiciary into confidence. The court ordered the government to withdraw the notification.

The Home Secretary wrote to Punjab Assembly in 2021 to withdraw the notification and submitted its copy to the High Court.

The Speaker of the Punjab Assembly at that time sent it to standing committee of the assembly. But later it was found no standing committee of the Interior Department was formed.

The Speaker referred the amendment act to a special committee which was supposed to submit a report regarding the repeal of amendment act, which it did not submit.

According to Sub-Rule 3 of Rule 154 of the Rules of Procedure of Provincial Assembly 1997, the committee has the bill extracted from the committee and presented for consideration in the House. But, the special committee did not submit any report and assembly dissolved.

Even though the law is in place, neither the executive nor the judiciary is taking any action against those who violate the law.