PESHAWAR: A lawyer from South Waziristan tribal district has moved the Peshawar High Court against the appointment of deputy commissioners of tribal districts as justices of peace by the provincial government.

In the petition, Sajjad Ahmad Mehsud requested the court to declare void, illegal and unconstitutional the March 14, 2022, notification of the home and tribal affairs department for the appointment of deputy commissioners in seven tribal districts as justices of peace under Section 22 of the Code of Criminal Procedure in their respective areas.

He also sought interim relief praying the court to suspend that notification until the disposal of the petition.

The petitioner requested the court that by accepting this petition the respondents including the provincial government may also be stopped from issuing such controversial notifications in future.

Waziristan resident also seeks notification’s suspension until disposal of case

The respondents in the petition are the provincial government through its chief secretary, provincial home secretary, inspector general of police, director-general (prosecution), commissioners of Peshawar, Dera Ismail Khan, Malakand, Bannu and Kohat divisions, and deputy commissioners of South and North Waziristan, Kurram, Orakzai, Khyber, Mohmand and Bajaur tribal districts.

The petitioner said that through the Constitution (Twenty Fifth Amendment) Act, 2018, the Federally Administered Tribal Areas (Fata) were merged with KP.

He said that following the merger, the district judiciary had been made functional in tribal districts and regular courts had been working there.

Mr Mehsud said that the judicial officers had also been exercising powers of ex-officio justice of peace in those districts.

He said that the ‘justice of peace’ was an institution conceived up centuries ago mainly to assist the police and other law-enforcement agencies in maintaining peace in the society, but with the passage of time, that concept had witnessed many developments and variations in parts of the world.

The petitioner said that’justices of peace’ had already been appointed by the government by making amendments in the CrPC through Ordinance No 131 of 2002 on Nov 21, 2002, and that they had been exercising their powers under Section 22(A)(6) of the Code.

He added that the functions performed by the district and additional district and sessions judges as ex-officio justice of peace were quasi-judicial in nature and could not be termed as executive, administrative or ministerial.

Mr Mehsud said thatthe home department had no lawful authority to issue the impugned notification.

He said thatthe office of the deputy commissioner was of executive nature and they had no authority to exercise judicial or quasi-judicial powers in presence of regular courts subordinate to the high court.

The petitioner contended that the district judicial offices were law qualified and duly appointed by the provincial government on recommendation of the high court.

He claimed that through the impugned notification, the executive had made an attempt to push back the tribal districts into dark ages and settle scores with the judiciary, which was a ‘check on their illegal activities’ in those districts.

Published in Dawn, April 9th, 2022