Introduction

The Provincial Government appoints Justice of Peace to maintain the peace and tranquility in
the
society. However, in the history of Pakistan, no Justice of Peace (JOP hereinafter) has been
appointed but Sessions Judges and Additional Sessions Judges serve as Ex-officio JOP. The
Code of Criminal Procedure 1898 (Cr.P.C hereinafter) primarily provides the concept of Ex-
officio JOP as in Section 22-A of Cr.P.C the powers of EX-officio JOP has been inscribed.

Relevant provision

Section 22-A of Code of Criminal procedure, 1898.

Historical Discourse of Powers of Justice of Peace

The concept of the Justice of Peace (JOP) in Pakistan originated
from England, where English colonists introduced it to the
subcontinent. Initially, JOPs maintained peace through
administrative measures with limited powers. Over time, their role
evolved, gaining authority to try minor cases. The 1361 Peace Act
formally granted JOPs magistrate-like powers, and the Liberties
Act of 1535 recognized their fluctuating judicial powers,
depending on the king’s will. By the 19th century, administrative
powers were transferred to elected councils,
Powers of Justice of Peace under Cr.P.C

under Section 22-A, JOP holds similar powers to a police officer or officer in
charge under section 54 and 55 when arresting an accused. After
arresting the accused, JOP is required to report the incident and present
the accused before the officer in charge of the nearest police station for
further action. JOP can call for police assistance in maintaining public
peace and tranquility, with the authority’s call being treated as from a
competent superior. JOP has the power to arrest anyone based on
reasonable information or suspicion of involvement in a cognizable
offense. JOP has authority to issue identification certificates and verify or
attest documents.

under 22-A(6) Justice of peace can give following directions to police

authorities concerned on a complaint

i. Non-registration of a criminal case

ii. Transfer of investigation from one police officer to another
case law: 2024 SCMR 1123

Under section 22-A, Cr.P.C, it is not the function of the Justice of Peace to scrutinize the case or to render any
findings on merits but he has to ensure whether, from the facts narrated in the application, any cognizable case is
made out or not; and if yes, then he can obviously issue directions that the statement of the complainant be
recorded under Section 154.
Such powers of the Justice of Peace are limited to aid and assist in the administration of the criminal justice
system. He has no right to assume the role of an investigating agency or a prosecutor but has been conferred
with a role of vigilance to redress the grievance of those complainants who have been refused by the police
officials to register their reports. If the Justice of Peace will assume and undertake a full-fledged investigation and
enquiry before the registration of FIR, then every person will have to first approach the Justice of Peace for
scrutiny of his complaint and only after clearance, his FIR will be registered, which is beyond the comprehension,
prudence, and intention of the legislature.

Grounds for filling petition under 22-A CRPC

1- non registration FIR

2- - Harrasment by police officer,
For example: if there’s an FIR on A and police harrasing B his father or C his brother
by any means.
3- - Habeous courpus ( 491 (1A)(a)(b)
if police arrested without any reason than you can file a habeous petition under 22-A
then through you can recover that individual through bailiff
case law
PLD 2016 supreme court 581
Parameters laid down for the jurisdiction of High Courts to issue a writ were equally applicable to the
Ex-officio Justice of Peace exercising almost similar powers under S.22-A(6), Cr.P.C.
4- if police not conducting investigation properly and not performing duties or using
excess of power

Only jurisdiction which can be exercised by an Ex-officio Justice of the Peace under Section
22-A, Cr.P.C is to examined whether the information disclosed by the applicant did or did not
constitute a cognizable offence and if it did then to direct the concern SHO to record an FIR,
without going into the veracity of the information in question and no more. [PLD 2007
S.C.539].

2. An Ex-officio Justice of the Peace in Pakistan (i-e Sessions Judge and nominated
Additional Sessions Judge in the relevant District under section 25, Cr.P.C.) has the
power to issue appropriate directions to the police authorities concerned on a
complaint regarding non-registration of criminal case, transfer of investigation from
one police officer to another and neglect, failure or excess committed by a police
authority in relation to its functions and duties. [PLD 2005 LHR 470, 2005 P.Cr.L.J
487].
3. Condition precedent is simply two fold; first it must be information and secondly it
must relate to a cognizable offence on the face of it and not merely in the light of
subsequent events. [2007 P.Cr.L.J 145].

9. Under provision of Section 22-A(6) Cr.P.C. complaint regarding non-registration of

criminal case can be made before ex-officio Justice of the Peace which u/s 25, Cr.P.C,
is Sessions Judge. [2005 P.Cr.L.J. 487].
 11. The orders and direction of Justice of the Peace to record the statement of the
petitioner and proceed further strictly in accordance with law should be obeyed in true
letter and spirit. SHO shall record statement u/s 154, Cr.P.C. and h and-over the copy
of the FIR to the petitioner without any delay. [2010 P.Cr.L.J. 296].

14. Sessions Judge acting as Justice of Peace is equally competent to issued appropriate
direction regarding registration of case, transfer of investigation or any wrong done by
the police authorities in the performance of their duties. [2004 YLR 56].

16. Justice of the Peace is possessed with jurisdiction under section 22-A (6), Cr.P.C, to
decide after examining information as to whether or not any cognizable offences
made out. He cannot delegate such powers and functions to Police. [2008 YLR 2301].

]
PLD 2005 Lahore 470
jOP can give direction in the following matters
complaints about unjustified harassment by the police in the absence of any criminal case
having been registered against the aggrieved person;
ii) complaints regarding failure of the police to register a criminal case despite commission of
a cognizable offence having been reported to it.
(iii) complaints pertaining to failure by the investigating officer to add appropriate penal
provisions to an FIR or a cross-version of the accused party.
(iv) complaints about failure by the investigating officer to record a cross-version of the
accused party.
(v) complaints regarding failure to arrest an accused person nominated in the FIR or in the
cross-version of the accused party.
(vi) complaints pertaining to unfair, biased and improper investigation and, thus, seeking
transfer of the investigation.
(vii) complaints about failure to finalize investigation of a criminal case and to submit a
Challan within a reasonable time.

Criminal Procedure code, following are the powers