In this video Advocate High Court Bilal Akhter explains Role and Powers of Justice of Peace as provided in Sections 22, 22-A, 22-B and 25 of the Code of Criminal Procedure, 1898 in the light of landmark Judgment by Justice Asif Saeed Khan Khosa as a Judge of Lahore High Court in the case of Khizer Hayat v. Inspector General Police Punjab.
This Judgment covers Historical and global perspectives in respect of the role of a Justice of the Peace in keeping the peace in the society, Functions to be performed by a Justice of the Peace or an ex-officio Justice of the Peace are merely administrative and ministerial in nature and character, Provisions of Ss.22, 22-A, 22-B and 25 of the Code of Criminal Procedure, 1898 show that the roles statutorily defined in Pakistan for a Justice of the Peace are, by and large, as
follows:
A Justice of the Peace in Pakistan has the powers
(a) to make an arrest in circumstances enumerated in sections 54 and 55, Cr.P.C. and to
hand over custody of the arrested person to the officer in charge of the nearest Police
Station;
(b) to call upon any member of the police force on duty to aid him in arresting or
preventing the escape of a person involved in the commission of a cognizable offence;
(c) to call upon any member of the police force on duty to aid him in the prevention of
crime, breach of the peace or disturbance of the public tranquility; and
(d) to issue a certificate of identification of a person, to verify any document and to attest
any document.
The duties of a Justice of the Peace in Pakistan are:
(a) to make inquiries and- to report in writing to the nearest Magistrate and to the officer
in charge of the nearest police station whenever he receives information of an occurrence
of any incident involving a breach of the peace or of commission of any offence within
his local area;
(b) if the information received by him is in respect of commission of a cognizable offence
then to also prevent any interference with the place of occurrence or removal of anything
therefrom;
(c) to render assistance to a police officer,, if so required in writing by him, making an
investigation in respect of any offence within the relevant local area; and
(d) to record any statement, if so required in writing by a police officer making an
investigation in respect of any offence within the relevant local area, made under
the expectation of death by a person in respect of whom a crime is believed to have been
committed.
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Негізгі бет [Explained] Khizer Hayat vs IGP I PLD 2005 Lah. 470 I Cr.PC 22, 22-A, 22-B & 25 I Justice of Peace
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