SAFDAR HAYAT vs EX-OFFICIO JUSTICE OF PEACE Ss — 2022 PCrLJ 461 LAHORE-HIGH-COURT-LAHORE

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SAFDAR HAYAT VS EX-OFFICIO JUSTICE OF PEACE Ss. 22-a & 22-B--- Penal Code (XLV of 1860), S. 376---Constitution of Pakistan, art. 199---Constitutional petition---Rape, allegation of---Police report, non-reliance of---Judicial review---Scope---Petitioner was proposed accused against whom Ex-Officio Justice of Peace allowed complaint filed by respondent---Plea raised by petitioner was that Ex-Officio Justice of Peace without considering report filed by police had directed Station House Officer to register criminal case against him---Validity---allegation of rape was not a run of the mill or routine allegation that could be easily brushed aside without much ado---When a woman reared her head and had stated that she was raped, then she had to be provided certain safeguards by law enforcement agencies---Writ was for enforcement of a statute, for prohibition of some activity or action prohibited or not permitted by statute or for having some activity or exercise beyond the mandate of statute to be declared of no legal effect---In all such three scenarios pivot was a statute because judicial review was primarily aimed at securing and safeguarding provisions of law as contained in statute---all that Ex-Officio Justice of Peace had to see, even in his quasi-judicial role was whether statute was followed and respected, upheld on the way, rule of law through medium of judicial review like procedure---Proactive role of police in indulging in any precedent inquiry or prior investigation and in doing so going beyond requirement of statute was neither desirable nor could be countenanced statutorily---Police report had to remain confined to its minimalist agenda---High Court declined to interfere in order passed by Ex-Officio Justice of Peace as the same was very well reasoned, distinguishing somewhat police report as also holding that application before police report did reveal commission of a cognizable offence---High Court did not find any illegality in the order passed by Ex-Officio Justice of Peace--- Constitutional petition was dismissed in circumstances.

SAFDAR HAYAT vs EX-OFFICIO JUSTICE OF PEACE Ss — 2022 PCrLJ 461 LAHORE-HIGH-COURT-LAHORE

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