SHC seeks comments on plea against giving special magistrate powers to DCs, other officials

The Sindh High Court has issued notices to the attorney general of Pakistan and the advocate general of Sindh on a petition against the conferment of special magistrate powers to the deputy commissioners, additional deputy commissioners and mukhtiarkars.

Petitioner M. Tariq Mansoor advocate submitted that the federal government made amendments in the Criminal Procedure Code through the Finance Act 2006 for the appointment of special magistrates with powers of the first class magistrate for the trial of offences relating to the price control, etc.

He submitted that the federal government prima facie transgressed the constitutional limitation and boundaries and illegally amended the Criminal Procedure Code, which was prima facie in contravention of Article 175 (3) of the constitution in the context of the separation of the judiciary from the executive.

The petitioner further said the additional home secretary also issued the impugned notification on June 4, 2012, without consultation with the Sindh High Court with regard to the conferment of powers to the deputy commissioners, additional deputy commissioners and mukhtiarkars as special magistrates to deal with price control under the Prevention of Profiteering and Hoarding Act 1977.

The court was requested to declare the impugned amendment in the code of criminal procedure through Section 21 of the Finance Act 2006 as unconstitutional. The petitioner also sought a declaration that the conferment of powers to the deputy commissioners, additional deputy commissioners and mukhtiarkars as special magistrates for trials of offences relating to price control under the provincial or federal law was also unlawful and unconstitutional.

A division bench, headed by Chief Justice Ahmed Ali M Sheikh, after the preliminary hearing of the petition, issued notices to the attorney general of Pakistan and the advocate general of Sindh, and called their comments on October 6.