KHYBER: The recent move of the government to appoint deputy commissioners in tribal districts as ‘justice of peace’ has stirred a controversy as the district and session judge has questioned the same, stating that he had already been exercising the powers under Code of Criminal Procedure.

In this regard, the district and sessions judge, Hidayatullah Khan, has sent a letter to Khyber district police officer, clarifying the legal position in relation to powers of “justice of peace.”

Home and tribal affairs department had on March 14 issued a notification whereby the deputy commissioners of the seven tribal districts were appointed as ‘justice of peace’ under Section 22 of CrPC.

In reaction to the notification, the district judge has sent a letter to the DPO with the subject “clarification with respect to jurisdiction under Section 22-A CrPC.”

The judge stated that after merger of the erstwhile Fata including Khyber into the province of Khyber Pakhtunkhwa in the light of the 25th Amendment, all the federal and provincial laws had been extended thereto. “The district courts have been established in all newly merged districts including Khyber which are fully functional,” the letter stated.

District judge claims judicial officers already exercising those powers

It stated that Section 22-A of CrPC conferred jurisdiction upon justice of peace and Section 25 defined the district and session judges of the area as ex-officio ‘justice of peace’ in explicit terms and was implemented in its true sense in Khyber.

“I am therefore, to reiterate that since the above mentioned jurisdiction is being exercised by the courts of session in district Khyber in the true spirit of law, therefore, the exercise of similar jurisdiction by any executive authority would be coram non judice and void ab-initio,” said the letter.

It is pertinent to mention that the March 14 notification also stated that the justice of peace should exercise all such powers and perform such functions, as conferred upon them under Section 22-A and 22-B of Criminal Procedure 1989 in the local areas falling within the jurisdiction of their respective districts.

The notification also immediately attracted the ire of the tribal people, who termed it a reversal to the notorious Frontier Crimes Regulations under which the then political agents were enjoying unbridled powers while curbing the constitutional and legal rights of the tribal people.

They also accused bureaucracy of conspiring against the much desired merger of tribal areas into the province and demanded their accountability.

Legal experts are of the opinion that the notification was not only against the spirit of merger of tribal areas with the province but it was also against a Supreme Court’s ruling soon after the merger that no separate laws would be drafted for the merged and settled districts.

They said that the new notification regarding appointment of DCs was tantamount to creation of a parallel judicial or policing system in tribal districts. They said that under the new arrangement, the DC could order the SHO to register an FIR or make arrests at the whims of the district administration. “DCs in districts other than tribal districts don’t enjoy such powers” they added.

Published in Dawn, March 24th, 2022