| Case ID |
d622fb32-1b0e-4e98-8d9b-329d83e189a8 |
| Body |
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| Case Number |
Writ Petition No. 347-D of 2018 |
| Decision Date |
Oct 07, 2020 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed under Article 199 of the Constitution of Pakistan. The court upheld the order of the Ex-Officio Justice of Peace, which declined to direct the investigating officer to array the respondent as accused and record their statement under section 164, Cr.P.C. The court found that the powers of the Ex-Officio Justice of Peace were not judicial but ministerial, and while they could issue directions for legal formalities, they could not compel the investigating agency's actions. The court concluded that the petitioners' request to declare the respondent as an accused did not fall within the jurisdiction of the Ex-Officio Justice of Peace, thus affirming the lower court's decision as well-reasoned and based on proper facts. |
| Summary |
In the case of Writ Petition No. 347-D of 2018, the Peshawar High Court addressed issues related to the powers of the Ex-Officio Justice of Peace within the framework of the Criminal Procedure Code and the Control of Narcotics Substances Act. The petitioners, Qutab Khan and others, sought to include the respondent as an accused in a narcotics case. The court emphasized the ministerial nature of the Ex-Officio Justice of Peace's powers, ruling that they cannot intervene in the investigative authority's decisions. The ruling highlighted the importance of procedural integrity and the separation of powers, underscoring that the prosecution agency holds the prerogative to declare individuals as accused. This case illustrates the judicial restraint exercised by higher courts in Pakistan regarding police investigations, a crucial aspect of maintaining a fair legal process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR, JUSTICE,
SAHIBZADA ASADULLAH, JUSTICE
|
| Lawyers |
Ahmad Ali Khan,
Kamran Hayat Miankhel, Additional A.G.
|
| Petitioners |
QUTAB KHAN AND ANOTHERS
|
| Respondents |
DISTRICT POLICE OFFICER, D.I. KHAN AND 7 OTHERS
|
| Citations |
2021 SLD 1335,
2021 PCRLJ 638
|
| Other Citations |
Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470
|
| Laws Involved |
Criminal Procedure Code,
Control of Narcotics Substances Act,
Constitution of Pakistan
|
| Sections |
22-A,
22-B,
9(c),
199
|