RBA to move against abolition of sessions power to hear writ

RAWALPINDI: The Rawalpindi Bar Association (RBA) has announced to move a resolution against the Supreme Court decision to abolish powers of justice of the peace/sessions courts to hear writ petition under sections 22-A and 22-B (Registration of FIR). If the Supreme Court dose not re-consider its decision, public would be a ‘toy’ in the hands of police and nobody could register FIR without ‘bribe’ in this regard.

On 11th March, a meeting of National Judicial (Policy Making) Committee (NJPMC) was held under the chairmanship of Chief Justice Asif Saeed Khosa in which committee abolished the powers of session courts regarding hearing a writ petition of 22-A and 22-B (Registering of FIR).

The District and Sessions Judge, Rawalpindi, Rana Masood Akhtar, through a notification on Thursday informed all judges not to entertain applications of Sections 22-A and 22-B (Registration of FIR). The Supreme Court has issued a notification that public will contact station house officer (SHO) concerned or superintendent of Police (SP) to register FIR rather to file a writ petition according to Section 22-A and 22-B (Registration of FIR) in session court.

The Rawalpindi Bar Association (RBA) President, Syed Tanvir Sohail Shah, in a press release issued on Thursday decided to move a resolution against the Supreme Court decision and called an emergency meeting of all bar associations. He has strongly opposed this decision and added that the government wanted to transfer all powers to police while public will be a rolling stone before it. Police officials will allegedly demand ‘bribe’ by public to register any FIR if the Supreme Court does not reconsider its decision, he said.

He said that a man could easily complaint in session court against the SHO concerned, who was not registering FIR, but now public is completely depend on police. In 2016, a 5-member bench of the Supreme Court had already given observation that session courts give decision on the applications of 22-A and 22-B after listening to both parties. So, nobody could abolish powers of session courts in this regard, he said.

He has appealed to the chief justice of Pakistan to reconsider this decision in the best interest of public. It will also create a bad atmosphere in between law enforcement agencies and courts. We will also face law and order situation, he warned. If the government wants any change in law, they should call all bar associations in the country, he said.

Advocates Muhammad Waheed Naaz Janjua and Khadim Ali Mughal said that this is a ‘policy’ notification rather any change in law which is totally illegal.