PHC moved against clipping of sessions’ court powers

PESHAWAR: The Peshawar High Court (PHC) was moved on Wednesday against the decision of National Judicial (Policy Making) Committee restraining the Justice of Peace (Sessions Court) from entertaining and adjudicating the 22-A CrPC complaints.

Asmatullah, a resident of Peshawar, challenged the decision through his lawyer Noor Alam Khan.

The Ministry of Law and Justice through its secretary, Law and Justice Commission, the federal government through attorney general of Pakistan, Khyber Pakhtun-khwa government through chief secretary, inspector general, KP, CCPO, DIG operations and district and sessions judge, Peshawar, were made parties in the petition. It was stated that in 2009, the National Judicial Policy was formulated for civil and criminal cases, which was revised in 2011.

He said that under the policy, all the works and functions in the courts were properly being done and all the courts were properly performing own functions smoothly, but all of a sudden on March 11, 2019, a meeting of National Judicial (Policy Making) Committee decided that the sessions courts may not entertain the 22-A CrPC applications.

Under 22-A CrPC, he stated, the sessions court being a Justice of Peace has been authorised for issuing appropriate directions to the police authorities for registration of the case and transfer of investigation.

“The 22-A CrPC is a supreme legislation being an enacted law and under the Constitution only the parliament or the provincial assembly may add or amend the 22-A CrPC as well as the Powers of Justice of Peace,” stated the petition, adding that the Committee has got no authorisation to issue direction by restraining the Justice of Peace (Sessions Court) from entertaining and adjudicating the 22-A CrPC complaints.

It was stated that the Committee decision on restraining the Justice of Peace from entertaining the complaints is illegal, without jurisdiction and lawful authority.

“It is a settled principle of law that things are to be done how law required is to be done. When the enacted law empowers the Justice of Peace for issuing direction for registration of the criminal case, then the respondents got no authority to restrict the Justice of Peace from entertaining the 22-A CrPC petitions,” the petition explained.