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LHC seeks explanation from DC, AC over use of magisterial powers

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LHC seeks explanation from DC, AC over use of magisterial powers


The Frontier Post
July 21, 2020


LAHORE (APP): The Lahore High Court (LHC) on Tuesday sought explanation from deputy commissioner Sheikhupura and assistant commissioner Muridke over using magisterial powers despite its restraining order.

LHC Chief Justice Muhammad Qasim Khan passed the orders while hearing a petition filed by Tanveer Abdullah challenging a notification of Punjab government about conferring the magisterial powers of special magistrates (first class) to executive field officers – deputy commissioners, assistant commissioners and others across the Punjab.

At the start of proceedings, petitioner’s counsel told the court that despite the court restraining orders, deputy commissioner She-ikhupura and assistant commissioner Muridke used judicial powers and made decisions. At this, the court expressed serious annoyance over the officers and sought explanation from them.

The court also sought details from chief secretary Punjab as how and when the executive field officers were informed about its restraining orders, besides adjourning further hearing.

It is pertinent to mention here that the court had suspended the notification of Punjab government about conferring the magisterial powers of special magistrates (first class) to executive field officers – deputy commissioners, assistant commissioners and others across the Punjab.

The petitioner had submitted that the Punjab government had conferred powers of special magistrates to executive field officers through a notification on June 17.

He said Articles 2-A and 175 of the Constitution had guaranteed independence of the judiciary and its separation from the executive, which was further elaborated in different apex court judgments.

He said despite clear provisions of the Constitution, the government assigned powers to executive officers under CrPC Section 14-A. He pleaded with the court to set aside the notification being unconstitutional.
 

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