The Code of Criminal Procedure, 1898(hereinafter referred to as Cr.P.C.), provides for the office of Justice of Peace to maintain public peace and order, and to issue necessary directions to the police and civil administration to ensure effective enforcement of the law.

Section 25 Cr.P.C. defines Ex-Officio Justice of Peace as follows:

“25. Ex-officio Justice of the Peace by virtue of their respective offices, the Sessions Judges and on nomination by them, the Additional Sessions Judges, are Justices of the Peace within and for the whole of the District of the Province in which they are serving.”

In Pakistan, the initial role of the Justice of Peace under the Cr.P.C. was primarily to assist the police in maintaining the public order and peace and, in the event of infraction of law, to help apprehend the culprit and to investigate the crime. However, his role was subsequently extended and broadened through various amendments in the Cr.P.C. and added subsection (6) in section 22-A Cr.P.C., in the year 2002, and conferred additional powers on the Ex-Officio Justices of Peace. The said provision reads as under:

(6) An Ex-Officio Justice of Peace may issue appropriate directions to the police authorities concerned on a complaint regarding:

(i) non-registration of criminal case;

(ii) transfer of investigation from one police officer to another; and

(iii) neglect, failure, or excess committed by a police authority in relation to its functions and duties.

Historically, when an aggrieved person attempted to report the occurrence of a cognizable offence but the police refused to formally........

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