Ex-Officio Justice of Peace can order police to obtain CCTV footage, CDR: LHC
LAHORE: The Lahore High Court (LHC) held that Ex-Officio Justice of Peace can direct police officials to obtain CCTV footage and Cell Data Records (CDRs) of cell phones from the cellular companies and the Punjab Safe Cities Authority (PSCA).
The court passed this order in a petition of Nasira Ashfaq, who approached the court against the decision of Ex-Officio Justice of Peace declining her request, seeking direction for police officials to receive and incorporate CCTV footage and CDRs of cell phones into the police file as evidence.
The petitioner’s husband Ashfaq was accused of an offence under Section 9-(1)3c of the Control of Narcotic Substances Act (CNSA).
The Ex-officio Justice of Peace dismissed the application of the petitioner on the ground that it would amount to interference in the investigation of the case. The court observed that the Ex-officio Justice of Peace erred in this determination. An Ex-officio Justice of Peace can be helpful to an individual aggrieved by police conduct.
He can issue directives to senior police officers to redress the petitioner’s grievance, the court added. The court said that clause (iii) of Section 22-A (6) Cr.P.C. empowers an Ex-officio Justice of peace to issue appropriate directions to the concerned police authorities on a complaint regarding neglect, failure, or excess committed by a police officer concerning his functions and duties, the court added.
The court; however, refrained from issuing any further order as a law officer informed the court that the investigating officer had obtained the CDRs mentioned by the petitioner during the pendency of this petition and placed them in the case file and by that time, the video recordings had already been disposed of.
The court observed that there are frequent complaints against investigating officers, alleging that, due to dishonesty, negligence, or other factors, they fail to include crucial evidence in the case record, thereby impeding the fair adjudication of the matter.
Copyright Business Recorder, 2025
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