Govt deliberately avoids enforcing court order: LHC

LAHORE:The Lahore High Court (LHC) Chief Justice Muhammad Qasim Khan on Thursday issued contempt notices to Punjab chief secretary, home secretary and law secretary to explain as why commissioners, additional commissioners, deputy commissioners and assistant commissioners in Punjab kept on using judicial powers in violation of a stay order issued by the court. Justice Khan on 09 July had suspended 17 June notification issued by the Punjab government which conferred judicial powers on executive officers. As hearing started, a provincial law officer informed the court that the government had withdrawn the impugned notification in compliance with court’s order. Justice Khan questioned that if the government had taken back the impugned notification why the punishments were awarded under Price Control Act. He sought details from IG prisons regarding such convicts. He pointed out that contempt notices had already been issued to deputy commissioner Sheikhupura and assistant commissioner Muridke for using judicial powers after court suspended the notification.

Justice Khan noted that a stay order was issued in the presence of the law officer but government deliberately avoided to get its enforced.

The law officer tried to defend chief secretary saying that Punjab top bureaucrat had telephonically conveyed court order to all DCs & ACs. Justice Khan, however, looked unimpressed and insisted that court’s order was flouted and not implemented in letter and spirit. Justice Khan also lambasted law department and remarked the performance of department, including its secretary was zero. The way government was issuing notification after notification was unprecedented. It seemed government was being ill-advised, Chief Justice observed. He regretted that no reply could be filed in the courts on behalf of the provincial government without the approval of law department but they were not justifying their job. Pursuant to court order, IG Prisons told the court that after the suspension of impugned notification 17 persons were convicted under Price Control Act (minor offences) and they were languishing behind the bar. The court adjourned hearing until 26 August and asked chief secretary, home secretary and law secretary to explain as why court order was not conveyed to DCs and ACs and they kept on using judicial powers in blatant violation of stay order.

Barrister Moman Malik appeared on behalf of the petitioner, Tanvir Abdullah, and stated that DC and AC exercised judicial powers and decided matters despite a stay order issued by the court.

The petitioner argued that under the Constitution and prevalent law executive and judiciary were two separate entities and they couldn't interfere into each other’s affairs. However, the Punjab government on 17 June granted powers of magistrate first class to commissioner and deputy commissioners in violation of law. The petitioner's counsel pointed out that impugned notification was ultra vires of Article 2 & 9 of the Constitution as well as of section 14-A of Code of Criminal Procedure 1898. He said as per judgments of the superior courts, the executive couldn't exercise judicial powers. Under the government notification, the powers of special magistrate (first class) were granted to all deputy commissioners, additional deputy commissioners (general), additional deputy commissioners etc under Section 14-A of the Code of Criminal Procedure 1898 for carrying out raids, trials of offences and other ancillary matters relating to price control/hoarding prevention, forests, mines and minerals, food adulteration, food safety, encroachments on public lands and lands owned by the governments, canal and drainage, dangerous driving etc.