Ghulam Abbas vs Ex-Officio Justice of Peace Ss — 2026 MLD 525 LAHORE-HIGH-COURT-LAHORE

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Ghulam Abbas VS Ex-Officio Justice of Peace Ss. 2(a), 2(e), 8 & 9---Universal Declaration of Human Rights, 1948 (UDHR), Art. 16(2)---United Nation convention on the Rights of the Child (UNCRC), Art. 24(3)---Convention on the Elimination of All Forms of Discrimination Against Women, Art. 16(2)---Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Constitution of Pakistan, Art. 199---Constitutional petition---Child marriage---Registration of FIR---Ex-officio Justice of Peace, jurisdiction of---Petitioner / husband of minor was aggrieved of order passed by Ex-officio Justice of Peace on application of respondent / mother of minor to register a case against him for marrying her daughter who was a minor---Validity---Child marriage is a global human rights concern because it violates multiple fundamental rights, including the rights to equality, education, health, protection from violence, and right to free and full consent in marriage---Ex-officio Justice of Peace could issue directions to police authorities and the term "police authorities" has not been defined in Criminal Procedure Code, 1898 at some places, it uses expression "Officer in-charge of a Police Station"---Union Council was not a police authority, so it was beyond the jurisdiction of Ex officio Justice of Peace---Application of respondent / mother of minor under S.22-A(6), Cr.P.C. before Ex-officio Justice of Peace was not maintainable and his order was without jurisdiction---Proper course for Ex-officio Justice of Peace was to dismiss that application---Respondent / mother of minor was to approach the Union Council, which was under a legal obligation to act on the information and lodge acomplaint before competent Court in accordance with S.9 of Child Marriage Restraint Act, 1929---On failure of Union Council, respondent / mother of minor could invoke Constitutional jurisdiction of High Court by seeking a writ of mandamus under Art.199 of the Constitution---High Court set aside the order passed by Ex-officio Justice of Peace---Constitutional petition was allowed in circumstances.

Ghulam Abbas vs Ex-Officio Justice of Peace Ss — 2026 MLD 525 LAHORE-HIGH-COURT-LAHORE

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