| Case ID |
1593cda3-114e-4240-af1e-b9eda0d63120 |
| Body |
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| Case Number |
W.P. No. 5745 of 2010 |
| Decision Date |
Jun 09, 2010 |
| Hearing Date |
Jun 01, 2010 |
| Decision |
The proceedings conducted by the Ex-Officio Justice of Peace were deemed illegal and unwarranted by law. It was found that the Justice of Peace had overstepped his jurisdiction by directing the investigation officer inappropriately. The court emphasized that the investigation officer has the sole authority to conduct investigations without interference from the judiciary. The case was quashed, allowing the petitioner to seek redress directly from the investigating officer. This ruling underscored the importance of following legal protocols during criminal investigations. |
| Summary |
In the case of W.P. No. 5745 of 2010, the Lahore High Court addressed the jurisdictional limits of the Ex-Officio Justice of Peace in relation to the Criminal Procedure Code and Police Order. The case arose from an abduction incident involving the petitioner, Amjad Riaz, whose son was allegedly abducted by Mehmood Ahmad and others. The petitioner sought redress for a perceived failure in the investigation process. The court ruled that the Ex-Officio Justice of Peace acted beyond his authority by conducting parallel inquiries and suggesting investigative procedures. The decision reinforced the principle that the investigation officer must operate independently without judicial interference, ensuring that legal protocols are adhered to during criminal investigations. This case highlights the critical balance between judicial oversight and the autonomy of law enforcement in Pakistan, making it a pivotal reference for future cases involving similar jurisdictional issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR, JUSTICE
|
| Lawyers |
Ch. Muhammad Lehrasib Khan Gondal,
Mr. Iftikhar Hassan,
Mr. Aamir Jalil Siddiqui
|
| Petitioners |
AMJAD RIAZ
|
| Respondents |
10 OTHERS,
ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, SIALKOT
|
| Citations |
2010 SLD 1145,
2010 PLJ 465
|
| Other Citations |
PLD 2005 Lah. 470
|
| Laws Involved |
Criminal Procedure Code, 1898,
Police Order, 2002
|
| Sections |
156,
157,
22-A,
22-B,
18(6)
|