2021 LHC 1300
Ex-Officio Justice of the Peace is authorized to deal with violations or disobedience to their orders at their own level by issuing appropriate direction to the higher police officers. On receipt of information and after inquiry, if he finds that an offence has been committed or any wrong persists or is repeated, he can order for registration of FIR under Article 155 (1) (C) of Police Order which is a cognizable offence now.
If Ex-Officio Justice of the Peace is of the opinion that police is committing contempt of his lawful authority, he can proceed under Chapter-X of PPC by sending a complaint to the Magistrates u/s 195 of Cr. P.C. for prosecution as the case may be.
It is incumbent upon police officers receiving orders of ex-Officio Justice of the Peace to obey and execute such orders promptly and without fail in order to avoid legal action against them.
As per section 22-A Cr.P.C, direction of Ex-Officio Justice of the Peace is termed as direction issued by a competent authority; order of a competent authority to the Police to act in accordance with law or to follow direction of law cannot be deflected in any way; therefore, any violation or disobedience on the part of police would render them liable to penal action. Such penal action is couched as offences under Article 155 (1)(C) & D of Police Order, 2002 and Section 166 of PPC.
Offence under Article 155 Police Order, 2002 is punishable with three years; therefore, as per second schedule of Cr. P.C under the head “Offences against other laws” it is reflected that an offence punishable with three years shall be cognizable. Similarly, Section 166 PPC being a scheduled offence can validly be investigated by Anti-corruption establishment.
WP :1200-15
ZULFIQAR VS ASJ ETC
Mr. Justice Muhammad Amjad Rafiq
26-05-2021
2021 LHC 1300
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