| Case ID |
2179a285-97cc-4c65-89a7-cd4478daf89f |
| Body |
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| Case Number |
Writ Petition No. 11578 of 2008 |
| Decision Date |
|
| Hearing Date |
Dec 02, 2008 |
| Decision |
The Lahore High Court dismissed the writ petition filed by Syeda Nasreen Akhtar Qazi, upholding the actions taken by the Justice of Peace. The court agreed with the respondents that the Justice of Peace did not exceed his jurisdiction by directing the Station House Officer (S.H.O.) to investigate the matter. The petitioner’s argument that this directive amounted to an improper delegation of power was rejected. The court observed that the Justice of Peace acted within his authority by determining whether a cognizable offense existed and appropriately directing the S.H.O. to proceed with registration only if such an offense was identified. Consequently, the High Court found no grounds for interference and declined to overturn the orders dated 5-8-2008 and 12-9-2008, thereby dismissing the writ petition. |
| Summary |
In the landmark case of Syeda Nasreen Akhtar Qazi vs. Chief Capital Police Officer, Lahore and 4 others, the Lahore High Court adjudicated on Writ Petition No. 11578 of 2008, heard on December 2, 2008. The petitioner challenged the authority of the Justice of Peace, arguing that directing the Station House Officer (S.H.O.) to investigate constituted an unlawful delegation of power. Citing sections 22-A and 22-B of the Criminal Procedure Code (V of 1898) and Article 199 of the Constitution of Pakistan (1973), the petitioner sought to invalidate the orders dated August 5, 2008, and September 12, 2008. The court meticulously analyzed precedents, including Syed Arif Ali Sabri v. Abdul Samad and Rana Inamullah Khan v. S.H.O., affirming that the Justice of Peace acted within legal boundaries by determining the existence of a cognizable offense before directing further action. The respondents, represented by Zahid Sultan Khan Minhas and Rana Ameer Ahmad Khan, argued that the S.H.O. holds independent authority to register or reject cases, and the Justice of Peace’s directives did not amount to a power delegation. The High Court concurred, emphasizing principles such as audi alteram partem and the necessity for lawful procedure in registering cases. By upholding the lower orders, the court reinforced the appropriate scope of judicial authority and the procedural safeguards in criminal investigations. This decision underscores the judiciary's role in maintaining checks and balances, ensuring that investigatory directives adhere to constitutional and statutory mandates, and protecting individuals from arbitrary administrative actions. Legal experts and practitioners can refer to this case for insights into the limits of judicial directives and the interplay between different law enforcement agencies within Pakistan's legal framework. Keywords: Lahore High Court judgment, judicial authority, Criminal Procedure Code, Constitution of Pakistan, writ petition dismissal, legal precedent, S.H.O. investigation, audi alteram partem, delegation of power, constitutional petition Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Station House Officer,
Justice of Peace,
Addl. Sessions Judge
|
| Judges |
KHAWAJA FAROOQ SAEED, J
|
| Lawyers |
Tallat Farooq Sheikh,
Waqar A. Sheikh,
Zahid Sultan Khan Minhas,
Rana Ameer Ahmad Khan Asstt. A.G.,
Muhammad Shafi A.S.-I
|
| Petitioners |
Syeda NASREEN AKHTAR QAZI
|
| Respondents |
4 others,
CHIEF CAPITAL POLICE OFFICER, Lahore
|
| Citations |
2009 SLD 352,
2009 PLD 232
|
| Other Citations |
Syed Arif Ali Sabri v. Abdul Samad through L.Rs. and 2 others 2008 YLR 2309,
Rana Inamullah Khan v. S.H.O. and others 2008 YLR 2406,
Muhammad Bashir v. Station House Officer, Okara Cantt. and others PLD 2007 SC.539,
Mst. Bhaitan v. The State and 3 others PLD 2005 Kar. 621 ref
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
22-A,
22-B,
Art.199
|