The Supreme Court has decided to constitute a larger bench for determining powers granted Justice of Peace (lower court’s judge) regarding the registration of FIRs under Section 22-A (6) of Criminal Procedure Code, 1898 (CrPC).
The three-judge bench of the apex court headed by Chief Justice Nasirul Mulk has also decided to revisit its judgment, where in it was declared that the power of Justice of Peace regarding the registration of FIR is administrative.
During the hearing, Amicus Curiae Khawaja Haris told the bench that the top court in its March 2014 judgment had observed that the Justice of Peace’s power is administrative. He contended that this is a quasi-judicial power, which is given to justice of peace under section 22-A (6) of CrPC.
He also agreed with the bench that the court’s earlier judgment about Justice of Peace lower court’s judge should be revisited. Later on, the bench decided to constitute a larger bench for reviewing its March 2014 judgment on the power of Justice of Peace.
A sub-section (6) was incorporated in section 22-A of the Criminal Procedure Code, 1898, through Code of Criminal Procedure (Third Amendment) Ordinance 2002. The amendment authorises justice of peace to order registration of cases on complaints. Session judge has the authority to nominate a judicial officer for working as ‘justice of peace’.
