The legal fraternity demands reversal of National Judicial (Policy Making) Committee (NJPMC) decision and restoration of previous practice as to entertainment of applications under Sections 22A and 22B of Code of Criminal Procedure (CrPC) at the earliest for ameliorating the hardships of aggrieved persons.
A delegation of representatives of the bar councils and associations from all over the country on March 28 met with Chief Justice of Pakistan Asif Saeed Khan at the Supreme Court building to apprise of the reservations of the lawyers across the country on change in the course of approaching Justice of Peace for the registration of an FIR (first information report).
Vice Chairman Pakistan Bar Council Syed Amjad Shah talking to Business Recorder said: "We have given suggestion that the requirement of going to the SP (complaint) should be made optional and either the aggrieved person may go to the SP (complaint) or the justice of peace."
He said the concern of lawyer community is that the complaint redressal mechanism appears to have been made cumbersome for the general public who would now first have to approach the SHO concerned, then the superintendent of police (complaints) and lastly the ex officio justices of peace/sessions judges.
The bars' representatives also expressed concern over the establishment of model courts for hearing the cases of murder in hasty manner, which may frustrate the basic object of dispensing justice.
He said the requirement under the NJPMC policy to approach the SP (complaint) would amount to exploitation of the aggrieved persons at the hands of police that generally are known for accesses towards general public. The vice-chief PBC said while taking the decision of such a vital importance, the NJPMC did not feel it appropriate to take on board the bar councils and bar associations which are important stakeholders.
National Judicial (Policy Making) Committee (NJPMC) in its meeting on March 11, 2019 held under the chairmanship of Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa while floating the idea of model courts section also decided that 22A CrPC, may not be entertained by the courts unless accompanied by decision of the relevant district SP (complaints).
According to the NJPMC from 01-01-2017 to 28-02-2019, around 614,307 cases under section 22 A/22 B CrPC were filed in the district judiciary throughout the country, while during the same period 47,029 cases under the said provisions were filed in the high courts.
Law and Justice Commission of Pakistan has clarified that Sections 22-A and 22-B of CrPC have not been altered or amended and justices of peace still enjoy statutory powers to take cognizance of non-registration of FIR and grievances against police.
The new police redressal mechanism just provides an alternative to the three-tier police redressal complaint system as enunciated in judgement of the Supreme Court of Pakistan reported as PLD 2016 SC 581, in which it is held that for redressal of grievances, the complainant has to approach the SHO, DPO/SSP and RPO/DIG.
Under the NJPMC policy directive (dated March 11, 2019), the complaint redressal mechanism has been simplified by providing a single forum for redressal of grievances and also in-turn creating an internal accountability mechanism in the police department.
Moreover, a specific time period of seven days has been provided in which the complaint has to be decided/disposed of and after the expiry of specified period, the complainant will be at liberty to invoke the jurisdiction of the ex officio justices of peace/sessions judges and as such there is no embargo upon their jurisdiction to entertain such applications.