LAHORE: The Lahore High Court (LHC) Chief Justice Muhammad Qasim Khan on Thursday suspended a notification of Punjab government which conferred judicial powers upon commissioners and deputy commissioners.
Under the government notification, the powers of special magistrate (first class) were granted to all deputy commissioners, additional deputy commissioners (general), additional deputy commissioners etc. for carrying out raids, trials of offences and other ancillary matters relating to price control/hoarding prevention, forests, mines and minerals, food adulteration, food safety, encroachments on public lands and lands owned by the governments, canal and drainage, dangerous driving etc.
Chief Justice expressing resentment over performance of Punjab government said the provincial administration had ruined the system and warned of serving contempt notice on the authorities who issued the notification.
Petitioner Tanvir Abdullah through his counsel Moman Malik stated that under the Constitution and prevalent law executive and judiciary were two separate entities. However, the Punjab government in violation of law granted powers of magistrate first class to commissioner and deputy commissioners on June 17.
The petitioner's counsel pointed out that impugned notification was ultra vires of article 2 & 9 of the Constitution as well as of section 14-A of Code of Criminal procedure, 1898 as the executive couldn't exercise judicial powers.
Copyright Business Recorder, 2020
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