Understanding the Role and Limitations of a Justice of Peace under Section 22-A Cr.P.C. in Pakistan
In the case of Syed Qamber Ali Shah v. Province of Sindh and others (2024 SCMR 1123), the Supreme Court of Pakistan clarified the scope and limitations of the powers of a Justice of Peace under Section 22-A of the Criminal Procedure Code (Cr.P.C). The ruling emphasized that the role of a Justice of Peace is not to scrutinize cases meticulously or to make findings on the merits of the case. Instead, the Justice of Peace's function is to ensure whether the facts presented in an application disclose a cognizable offense. If they do, the Justice of Peace can direct that the complainant's statement be recorded under Section 154 of the Cr.P.C.
Key points from the judgment include:
1. Role of the Justice of Peace:
The Justice of Peace acts as a facilitator in the criminal justice system, ensuring that complaints which disclose cognizable offenses are registered by the police. They do not have the authority to investigate or act as a prosecutor.
2. Limitations on Powers:
The Justice of Peace must not conduct full-fledged investigations or fact-finding exercises before the registration of an FIR. Their role is limited to determining if a cognizable offense is disclosed and directing the police to record the FIR accordingly.
3. Procedure under Section 154 Cr.P.C:
When a police officer receives information about an offense, they must determine whether it is cognizable. The officer is required to record the information in writing without assessing its truthfulness at that stage. The FIR should be registered if a cognizable offense is indicated.
4. Distinction between Cognizable and Non-Cognizable Offenses:
The Cr.P.C. differentiates between cognizable offenses, which warrant immediate police action, and non-cognizable offenses, which do not. The procedures for these are outlined in Sections 154 and 155(1) of the Cr.P.C., respectively.
5. Obligation of Police Officers:
Police officers must register FIRs for cognizable offenses without pre-investigation into the veracity of the information provided. This duty is mandatory to prevent the police from refusing to register complaints and redirecting complainants to file direct complaints instead.
6. Impact of Tainted Investigations:
The Court highlighted the critical role of investigations in the criminal justice system, noting that compromised investigations could significantly hinder justice.
This judgment underscores the responsibility of the Justice of Peace and police officers in the initial stages of the criminal process, emphasizing prompt registration of FIRs for cognizable offenses to ensure proper administration of justice.