Repercussions of Suspension of Court Operations under Sec. 22 A, Cr.P.C.
Pakistani State and society is witnessing a behavioral pattern of regression and the Police is a prime example of the same. Lack of legal modernization and integrity in police has turned it into a malign institution which has failed to address the grievances of the public and law & order situation within the country. It is unfortunate that state (which is turning into a police state) has failed to address the deficiencies in the current criminal justice system in the country specially in the context of police laws. The result is the unnecessary pressure on the Courts in the shape of 22-A and 22-B of the Code of Crimial Procedure, 1898 and writ petitions of similar nature which were consuming precious time due to inefficiencies and lack of integrity of the executives.
To address the deficiencies in the current criminal justice system in the country specially in the context of police laws, the Law and Justice Commission of Pakistan intervened. The Hon’ble Chief Justice of Pakistan constituted a police reforms committee (the “Committee”) with a m andate to examine the relevant laws and to suggest recommendations therein. The Committee in its meeting dated 07/01/2019 decided that the police reforms may be prioritized for implementation and in this context the complaint redressal mechanism and police investigation may be taken up as a first step.
The press release dated 11/02/2019 by Law and Justice Commission of Pakistan revealed that meeting of the Committee under the chairmanship of Hon’ble Chief Justice of Pakistan/Chairman Law and Justice Commission of Pakistan was held to discuss the agenda of implementation of public complaints redressal mechanism, measures to improve quality of investigation and criminal justice reforms as envisaged by the Hon’able Chief Justice of Pakistan. The Inspector General Police of the Provinces gave the respective presentations. After these presentations the Committee deliberated that developed complaints redressal mechanism will provide speedy and expeditious redressal mechanism to the complaints of the general public at their own doorstep and would also decrease the burden/backlog of the Sessions Courts in the shape of 22-A and 22-B of the Code of Crimial Procedure, 1898.
On the representations of the Committee the Law and Justice Commission of Pakistan issued a press release vide letter No. F-1/2/JS/NJPMC/LICP dated 11/03/2019. The Hon’ble Chief Justice stated that currently courts of Sessions Judges and Additional Sessions Judges under the Code of Criminal Procedure, 1898 are burdened with cases relating to giving directions to the police authorities for registration of cases. The Committee also resolved that since a police complaint redressal mechanism, as per recommendation of Police Reforms Committee, has been operational at district level in all over Pakistan, which is headed by SP Complaints, therefore, application under section 22-A Cr.P.C. may not be entertained by the Courts unless accompanied by decision of the relevant district SP Complaints.
It is very comic that the petitions under 22-A and 22-B Cr.P.C. have come to the halt and Sessions Courts have practically stopped entertaining such petitions.
After exclusion of powers of 22-A and 22-B Cr.P.C from Justice of Peace, the police officers started their malicious practice just to abuse the system of law and justice across the country. A case was reported just after the said amendment where a professional lawyer who was entrusted with a brief for recovery of money by a client (“Client“). Facts of the case were that one Zeeshan (“Defaulter“) owed some money for which a cheque was given to the Client. The lawyer, on acceptance of the brief, duly issued a legal notice/intimation to the Defaulter and while acting within his framework called upon the Defaulter to make the due payment under the bounced cheque failing which the requisite action under the law would be taken. It is pertinent to mention here that the cause of action arose in P.S. X. The Defaulter instead of adhering to the legal notice lodged an application for harassment (for taking legal action) in a Police Station Mughalpura while doing forum shopping in connivance with a Sub Inspector Muhammad Afzaal who called on the lawyer and his client.
The most comic situation arose when the said S.I. started acting for the Defaulter and pressurizing the lawyer and his client to make a compromise in respect of the due money under cheque which was not be subject matter of the pending application before him and was jurisdiction of a separate police station. The said S.I. lingered on the matter for 10 days and kept on pressurizing the Client to forfeit the bounced cheque failing which a definite FIR would be registered against him.
A complaint against the said Sub Inspector was lodged before the superior police authorities i.e. SSP Discipline Lahore, SSP operations Lahore, DIG Operations Lahore, CCPO Lahore on 12/03/2019 but the senior police authorities didn’t even make a mere notice of all that incident.
police complaint
Another incident of the same nature has accrued recently where the police illegally stopped a couple. The video of the incident went viral and the matter was reported in media. The video of the incident is given in the link below.
After suspension of operations under Sections 22-A & 22-B Cr.P.C.
