Government of Balochistan has granted powers equivalent to those of a Justice of Peace to administrative officers posted in districts across the province, including commissioners, deputy commissioners and assistant commissioners. Under these powers, the officers will be able to direct the registration of police cases and, in specific circumstances, order arrests without warrants.
According to a notification issued by the Balochistan Home Department on Tuesday, December 30, following approval from the Governor, the provincial government has exercised its authority under Section 22 of the Code of Criminal Procedure (CrPC) 1898.
The notification appoints divisional commissioners, additional commissioners, deputy commissioners, additional deputy commissioners and assistant commissioners as Justices of Peace within their respective divisions, districts and sub-divisions.The notification states that the appointed Justices of Peace will exercise all powers provided under Sections 22-A and 22-B of the CrPC 1898 within their territorial jurisdiction.
These orders have come into force with immediate effect. However, the officers have been specifically directed not to use any sign, emblem or marking of the office of Justice of Peace on any government or private vehicle.Under Section 22-A of the CrPC, a Justice of Peace enjoys powers similar to those of a police officer, including the authority granted under Sections 54 and 55.
This allows a Justice of Peace to order the arrest of a person without a warrant if the individual is suspected of involvement in a cognizable offence, if credible information or reasonable suspicion exists, or if stolen property or house-breaking tools are found in their possession.
Arrests may also be ordered if a person obstructs police duties or escapes from lawful custody.With these new powers, the designated administrative officers can call upon police assistance to maintain law and order and help prevent crime. They are also authorized to issue identity certificates, verify documents, and attest documents that are legally required to be certified by a magistrate.
Section 22-B further empowers Justices of Peace to take immediate action upon receiving information about an incident involving a breach of peace or a criminal offence. They may conduct preliminary inquiries and forward written reports to the nearest magistrate and the officer in charge of the relevant police station. In cognizable cases, they can order steps to prevent interference at the crime scene and assist police investigations upon request.
They are also authorized to record statements of individuals facing imminent danger to life.In addition, a Justice of Peace can, on a citizen’s complaint, direct the police to register a First Information Report (FIR). They may also issue instructions regarding the transfer of investigations from one police officer to another and address complaints related to negligence or abuse of authority by the police.
However, Additional Chief Secretary Home Hamza Shafqat clarified that it would be incorrect to interpret the notification as granting full police powers to administrative officers. Speaking on the matter, he said that the primary role of these officers would be limited to facilitating citizens’ complaints. “If a citizen approaches a deputy commissioner with a grievance, the officer can, under the law, forward directions to the police for the registration of an FIR,” he explained.
The move has sparked debate in legal and administrative circles, with supporters viewing it as a step toward quicker redressal of public grievances, while critics warn that careful implementation and oversight will be required to prevent misuse of authority.
