Lahore:the chief of the Lahore High court (LHC) justice Muhammad Qasim Khan on Tuesday has published the announcement of contempt of Sheikhupura Deputy Commissioner and assistant Commissioner Muridkay for use by the judiciary of violating the order of stay issued by the court.
Justice Khan also requested the Secretary-General to explain how, when the court order was brought to all Commissioner offices in Punjab. On 9 July, the trial was suspended on 17 June, the notification of the government of the Punjab, which gave the powers of the judicial Commission, Deputy commissioners and assistant commissioners, etc. in Punjab.
As the hearing began, the lawyer Moman Malik appeared on behalf of the appellant, Tanvir Abdullah and said that the AC and DC perform the judicial powers and decides matters, despite the order to stop issued by a court. Justice Khan expressed his dissatisfaction and directed the chief Secretary to submit detailed information regarding transfer court order for employees and an anticipated judicial powers used by civil servants.
The applicant argued that according to the Constitution and common law the Executive and the judiciary have been separated, and they could not interfere in the Affairs of each other. However, the Punjab government on June 17, granted the powers of magistrate first class to the Commissioner and the Deputy Commissioner in violation of the law.
Counsel for the appellant pointed out that the impugned notice is contrary to article 2 and 9 of the Constitution, and article 14-a of Criminal procedure code 1898.
He said that according to the decisions of higher courts, the Executive could not exercise judicial powers. Under the notification, the powers of the special judge ( first class) were awarded to all Deputy commissioners, additional Deputy commissioners (General), additional Deputy Commissioner, etc. in accordance with section 14-a of the CPC, 1898, for the raids, trials, crimes and other related issues concerning monitoring of prices/hoarding prevention, forests, mines and minerals, falsification of food products, food safety and encroachments on public lands and lands owned by the government, drainage, dangerous driving, etc.