BHC suspends govt decision granting judicial powers to DCs, ACs

BHC suspends govt decision granting judicial powers to DCs, ACs

QUETTA: The Balochistan High Court suspended the provincial government’s decision to grant judicial powers to deputy commissioners (DCs), additional deputy commissioners (ADCs), and assistant commissioners (ACs), and issued notices to the government and other respondents.

A two-member bench headed by Chief Justice Rozi Khan Bareech and Justice Ahmed Haleemi heard the constitutional petition filed by Iftikhar Ahmed Lango. The petitioner argued that granting judicial powers to executive officers violates the Constitution and the law.

After hearing the arguments, the Balochistan High Court declared the provincial cabinet’s decision unlawful and halted its implementation. The provincial government had earlier authorised DCs, ADCs, and ACs to exercise powers of magistrates.

The divisional bench observed that the provincial cabinet does not hold the authority to delegate powers of Magistrate First Class.

Suspending the provincial cabinet decision, the BHC issued notices to the provincial government and Advocate General of Balochistan.

The High Court suspended the cabinet’s September 24 decision until the next hearing.

Granting judicial powers to DCs, ACs

It is pertinent to mention here that the Balochistan government had granted First Class Magistrate powers to Deputy Commissioners, Additional Deputy Commissioners, and Assistant Commissioners across the province under Section 14-A of the Code of Criminal Procedure 1898 (Balochistan Amendment Act 2021).

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Moreover, district officers have been given the authority to hear cases related to crimes and jurisdictional matters under provincial or federal laws — including offenses related to forests, mines, and minerals.

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