Syed Ali Shah:
QUETTA — The Balochistan High Court on Monday suspended a provincial government notification that had authorised divisional and district administration officers to exercise powers under Sections 22-A and 22-B of the Criminal Procedure Code.
A two-member bench comprising Chief Justice Muhammad Kamran Khan Malakhail and Justice Gul Hassan Tareen issued the order while hearing constitutional petitions filed by advocates Rahib Khan Buledi, Iftikhar Ahmed Langove and Abdul Baseer Kakar.
The petitions challenged the Home Department’s December 30, 2025 notification which designated commissioners, additional commissioners, deputy commissioners, additional deputy commissioners and assistant commissioners as “Justices of Peace” with authority to perform functions under the cited CrPC provisions.
The petitioners argued that the notification was issued unilaterally, without consultation with the provincial chief justice, and violated Articles 175(3), 202 and 203 of the Constitution. They further contended that judicial functions already rest with sessions and additional sessions judges acting as ex-officio justices of peace, and that conferring such powers on executive officers amounted to creating a “parallel judicial system.”
Finding the points raised worthy of consideration, the court admitted the petitions, issued notices to the respondents and ordered that the impugned notification remain suspended until the next hearing following the winter recess.
The court also directed that copies of the order be sent to the Advocate General’s office for information and compliance.
