KARACHI WATER AND SEWERAGE BOARD vs XENITH PURIFIED AQUA SERVICES S

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KARACHI WATER AND SEWERAGE BOARD VS XENITH PURIFIED AQUA SERVICES S. 22-a(6)(3)---Ex-officio Justice of Peace, powers of--- Scope--- Respondent preferred application under S.22-a, subsection (6) sub-clause (3), Cr.P.C. against XEN Water and Sewerage Board and concerned SHO with regard to action against illegal hydrants/R.O. Plants and sealing the property--- Ex-officio Justice of Peace issued direction for de-sealing the property---Scope---applicant had contended that Ex-officio Justice of Peace was not competent to pass order of de-sealing the property which was sealed by the department in pursuance of dictum of Supreme Court---Validity---Section 22-a(6), Cr.P.C. provided the powers of Justice of Peace, which could only be exercised for issuing appropriate directions to police authorities which, too, on complaint(s), nature whereof stood detailed in sub-clauses (a) to (c) of the said section---Said powers, nowhere, included anything which could give an impression that such jurisdiction could be exercised to examine the acts or omissions of government departments or that under such jurisdiction the actions or omissions of a government department could be undone---Every government department, could ask for the police aid when needed---Police aid / assistance, if provided, would not turn the absolute action of the department as that of the police---On that count too the Justice of Peace was completely wrong in passing the impugned order, which was likely to result in undoing the action, claimed to have been done in compliance of direction of Supreme Court---Impugned order itself showed that all said facts as well challenge to his authority were in the active knowledge and notice of the Justice of Peace, yet it passed the order while wrongly assuming the matter to be falling within its powers, given only to issue direction to local police authorities---Even in name of doing justice a tribunal or a court could not assume jurisdiction which the law did not vest in it---Unless a court/tribunal had a jurisdiction to entertain a lis, it could pass no order of legal effect---Impugned order was set aside, in circumstances---High Court observed that departmental proceedings against the Justice of Peace be taken in accordance with Rules.

KARACHI WATER AND SEWERAGE BOARD vs XENITH PURIFIED AQUA SERVICES S — 2022 YLRN 29 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported