Punjab administration has ruined the system: LHC CJ: Notification of judicial powers to commissioners, DCs suspended.
LAHORE -- Lahore High Court Chief Justice Muhammad Qasim Khan on Thursday suspended a Punjab government's notification, which conferred judicial powers upon commissioners and deputy commissioners in the province.
Earlier, representing the petitioner, Barrister Momin Malik argued that under the Constitution the executive and judiciary were two separate entities and they couldn't interfere into each other's affairs.
He said the provincial government on June 17 last delegated powers of class-I magistrate to commissioner and deputy commissioners in violation of the law.
The counsel further argued that the impugned notification was ultra vires of Articles 2 and 9 of the Constitution as well as of section 14-A of Code of Criminal Procedure, 1898. He said as per judgments of the superior courts the executive couldn't exercise judicial powers.
Buzdar may face contempt proceedings if impugned notification is set aside in the final judgement
Chief Justice Khan observed that the performance of the Punjab government was pathetic as the provincial administration had ruined the system.
The CJ also warned that Chief Minister Sardar Usman Buzdar could be issued a contempt notice if the impugned notification was set aside in the final judgement.
Chief Justice Khan stayed the impugned notification and sought reply from the Punjab government by next hearing.
Under the government notification, the powers of class-I judicial magistrate were granted to all deputy commissioners, additional deputy commissioners (general), additional deputy commissioners for carrying out raids, trials and other subsidiary matters relating to price control/hoarding prevention...
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