QUETTA – Balochistan High Court has declared the Code of Criminal Procedure (Balochistan Amendment) Act and Ordinance, 2010 ultra vire the Constitution of Pakistan and observed that the amendment had no legal effect.
The ordinance was meant to introduce executive magistracy in the Balochistan province and to entrust it with judicial powers to conduct trials and impose punishments. Section 4 of the Act bifurcated magistrates into judicial magistrates and executive magistrates respectively as under:
Division bench comprising Chief Justice Balochistan Qazi Faez Isa, Justice Muhammad Hashim Khan Kakar declared the amendment null and void.
Member of Balochistan Bar Council and Judicial Commission of Pakistan for Balochistan Muhammad Kamran Khan Mulakhail had filed the petition.
The court in its decision stated that any rule, notification and order issued appointing any person as Executive Magistrate and granting such person powers to conduct trials and any other powers pursuant to the said Act or Ordinance are of no legal effect. “Resultantly, all proceedings pending before the Executive Magistrates appointed pursuant to the said Act and or Ordinance to be transferred to the Judicial Magistrates and or the sessions judges of the concerned districts, who upon receipt of such cases shall proceed therewith in accordance with law,” Bench ordered and further said all convictions awarded and acquittals made by the executive magistrates under the impugned laws being coram non judice are hereby set aside and all such cases to be adjudicate afresh by the judicial magistrates/sessions judges as the case may be.