QUETTA: A move by the Balochistan government to grant Justice of the Peace powers to senior administrative officers has sparked a major legal and constitutional dispute in the province.
The government says the decision aims to provide swift relief to citizens. Lawyers have rejected the move. The Balochistan Bar Council calls it an intrusion into judicial authority.
The provincial government has issued a notification granting ex-officio Justice of the Peace powers to commissioners, deputy commissioners and other administrative officers.
Under Sections 22-A and 22-B of the Criminal Procedure Code, deputy commissioners will oversee limited police matters. The government says the role is supervisory and meant to ensure fair enforcement of the law.
The powers allow officers to order the registration of first information reports in cognisable cases. They also allow them to issue directions when police delay or refuse action. The government says the powers will help protect citizens from police abuse.
Officials stress the limits of the decision.
“The authority does not include judicial proceedings, arrests or direct involvement in investigations,” said Hamza Shafqat, additional secretary for interior.
Shafqat said the officers will only forward public complaints and direct police to register FIRs. He said they will not exercise full judicial or policing powers.
The Balochistan Bar Council has strongly criticised the move.
In a joint statement, Vice Chairman Rehmatullah Baloch, Executive Committee Chairman Rajab Khan Baloch and member Amanullah Kakar said the decision undermines judicial independence.
They said the transfer of powers from district and sessions judges to executive officers violates the principle of separation of powers.
They warned the move would place police under two parallel authorities. They said this would create administrative confusion and constitutional conflict.
The lawyers cited a past ruling of the Balochistan High Court. They referred to a judgment by Justice Qazi Faez Isa in Kamran Malail v Government of Balochistan, which struck down a similar move.
The Bar Council said the new notification repeats the same constitutional error.
Lawyers said the Justice of the Peace role exists to provide citizens with an independent forum against police excesses. They said administrative officers represent the government and cannot act as neutral judicial authorities.
They accused the government of placing justice under executive control.
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The Bar Council announced a province-wide boycott of court proceedings on Saturday, Jan. 3. It said it would continue its legal and constitutional challenge.
The government said it remains open to dialogue. It said the decision seeks to improve public access to justice and that it will address concerns through consultation.
