Other than making the already lengthy process longer and more doubtful, this new decision would benefit nothing to the citizens but deprive them of an alternate when they receive disappointment from the police department
In a recent government of Balochistan notification, the regional and district administrations, including Commissioners and Deputy Commissioners, have been given the additional charge of Justice of the Peace under section 22-A and 22-B of Criminal Procedural Code (Cr.P.C) which was previously held by the Sessions Judges. The Balochistan legal fraternity has condemned the government notification saying “they would never let it happen” calling it a “threat to the smooth procedure of the said sections”.
Like every other government institution, there have been several “proposed attacks” on the state’s judiciary as a whole, particularly, that of Balochistan. The main power of Justice of the Peace is to maintain that the law situations prevail normal for the citizens, concerning the failure of the police officers. From the very important tasks, through this, if a police station refuses to lodge the First Information Report (FIR) of a citizen, the other alternative option was turning to Justice of the Peace. But when the same power is taken away from judiciary and given to the Executive, it would be tantamount to “taking your complaint to the one you are complaining against” which would eventually receive the same fate. Other than making the already lengthy process longer and more doubtful, this new decision would benefit nothing to the citizens but deprive them of an alternate when they receive disappointment from the police department.
Mostly in the cases of enforced disappearances, we have seen that police continuously refuse to endorse applications for FIR, because the alleged persons are security personnel belonging to the state’s law enforcement agencies. Everyone who is taking such an application for the registration of FIR, they are sure at the very time that the police would refuse, but to follow the procedure, they do so. Because upon their refusal, an application turns to the Justice of the Peace – with like chances of early-stage discharge of the application if the due process is not followed. But now, when the police refuses to do so, a victim has to turn to a DC or Commissioner which takes longer time before a formal investigation begins.
The people here in Balochistan have already lost faith on executive who are involved in serious nature of crimes against the indigenous people, including enforced disappearances, harassment and surveillance. By transferring a judicial power to the already notorious executive, it will contribute only in ensuring the people “lose faith and trust” on judiciary too. Balochistan government needs to rethink of their policy and bring forth suitable solutions to ensure the people are eased in such communications. That could, perhaps, build a trust of the people back on judiciary.
