ISLAMABAD: The Islamabad High Court (IHC) Tuesday accepted the petition of US citizen Cynthia D Ritchie seeking registration of rape case against Senator Rehman Malik and sent back her case to the lower court for further hearing.
A single bench of Chief Justice Athar Minallah hearing Cynthia Ritchie's petition set aside the order of Justice of Peace, wherein, he had rejected her petition seeking registration of case against Pakistan Peoples Party (PPP) leader Rehman Malik.
A local court on August 5 had dismissed a petition of US blogger Cynthia D Ritchie seeking registration of a rape case against Senator Rehman Malik, after a police report termed the complaint baseless.
The IHC bench noted in its verdict that a plain reading of the impugned order, dated 05-08-2020, unambiguously shows that the learned ex-officio Justice of Peace exceeded jurisdiction vested under the law.
"It appears that the learned ex-officio Justice of Peace, while passing the impugned order had not taken into consideration the principles and law enunciated by the august Supreme Court," added the bench.
Justice Minallah said the petition is allowed and the impugned order, dated 05-08- 2020, is hereby set aside.
The petition filed by the petitioner shall be treated as pending.
The sessions judge, Islamabad (West) is expected to assign the matter to a designated ex-officio Justice of Peace, other than the judicial officer who had passed the impugned order, dated 05-08-2020.
He added this court further expected that a date will be fixed by the Sessions Judge and the parties will be informed accordingly.
He continued that the ex-officio Justice of Peace, after affording a reasonable opportunity to the parties, is expected to decide the petition filed by the petitioner expeditiously, preferably within three weeks from the date of receiving a certified copy of this order.
He observed that it was held that functions performed by the ex-officio Justice of Peace were not executive, administrative or ministerial, inasmuch as the latter did not carry out, manage, or deal with matters in a mechanical manner.
The functions were quasi judicial in nature because the ex-officio Justice of Peace is required to entertain applications, examine record and after hearing the parties pass orders and issue directions with due application of mind.
The IHC bench added, "Scope of jurisdiction and powers of ex-officio Justice of Peace are confined to issuing appropriate directions for registration of a criminal case and to check the neglect, failure or excesses committed by the police authorities."
In her petition, the counsel stated that the petitioner moved an application against Rehman Malik before the Justice of Peace Islamabad with specific allegations of rape, life threats and threats of facing dire consequences, and the matter was also reported to the respondents, SP Complaint and the SHO but till date no FIR, whatsoever, has been lodged.
He added that upon which, jurisdiction of justice of peace under section 22-A/B of CrPC was invoked but the petition was dismissed by the additional district and sessions (ADS) judge "illegally and unlawfully".
Therefore, he prayed to the court that instant petition may kindly be accepted and the order of Justice of Peace be set aside and the SP complaint may graciously be directed to lodge the FIR in the best interest of justice.
Copyright Business Recorder, 2020
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