Justice of Peace - A Special Power.

 

 

Shahadul Haque, IGP, police and others Vs the State, 35 CLC (AD) (1092)

 

Hon'ble Justice Shamsuddin Chowdhury Manik of Bangladesh Supreme Court was crossing Banani Kamal Artatuk area in a government vehicle on 19-06-03. At that moment, the police sergeant stopped the judge's car and arranged for a blue police jeep to go ahead. At the same time he saluted the police car. Noticing the matter, the Justice got out of the car and asked the sergeant, "What is the reason for not saluting the car with the logo of the Supreme Court?" "We are not obliged to salute the flag of the Supreme Court," the sergeant said. We are not so tired! Sergeant Soyebur Rahman got into an argument with Justice over the matter. Later, Soyebur Rahman called some other police sergeants in the vicinity. 5 police officers insulted the judiciary in various ways.

 

Hon'ble Justice Shamsuddin Chowdhury Manik on June 30, 2003 directed the five police officers to appear in court in person.

 

He also directed the IGP and Principal, Police Training College to answer the following questions by July 12, 2003:

 

(1) Does the derogatory expression of sergeant shoaib, echo what the members of police forces are given to understand their training?

(2) Are the police officials of all ranks trained to understand that every person in uniform is under indispensable legal obligation to show utmost respect to the Supreme court saluting the august body's flag?

(3) Are the police officials briefed on the warrant of precedence and trained to follow them at all events?

(4) Are they trained to learn that it is internecine contumacious to the solemn grandeur of the Apex court to hold back a car with its flag in order to allow the passage of a vehicle which carries a person of lesser importance in the warrant of precedence?

 

Shortly after giving this instruction, the appointment of interim Justice Shamsuddin Chowdhury Manik was not permanent and he was no longer in service. Answering four questions, the police chief said that the police sergeant was not obliged to salute the judge while on duty. The judge who gave the order is no longer in service. Judges should be tried for obstructing government work and threatening police officers under the country's customary law. At the same time, he criticized the judiciary and the Supreme Court in various ways.

 

Taking cognizance of the reply, Justice MA Aziz and Justice Rifat Ahmed automatically issued contempt of court rule against the IGP. At the same time, he directed the IGP to appear in court in person.

 

The IGP was physically present. The High Court Division IGP Shahadul Haque and 4 other police officers were not satisfied with the response and were given various terms and fines.

 

High Court Division observed that "His apology has come from his pen and is a product of afterthought and cannot be accepted. The opposite party in criminal Miscellaneous so motto Rule No. 12166 of 2003 is found guilty of gross contempt of court and he is fined Taka 2000 in default to suffer imprisonment for one month.

 

Following the order of the High Court Division, eminent jurists of the country opined that under the Public Servant (Dismissal on Conviction) Ordinance 1985, there was no opportunity for Chief of Police Shahadul Haque to have a job.

 

The IGP was at an international conference at Interpol headquarters in France at the time of the verdict. He was not given protocol as police chief at the airport when he arrived in the country. He was temporarily removed from office and the DMP commissioner was placed in charge. The latter was suspended.

 

The High Court Division in this judgment made some important observations about the status and position of the judiciary.

 

High court division observed that, In a welfare state in order to administer of justice lawfully, judicially and without fear on favour,  certain protection is required for the court of law and the process engaged in the administration of Justice from insult, annoyance, obstruction and wilful disobedience in order to maintain its honour, dignity, prestige and authority and thus law of contempt is the indispensable protection as a legal concept has evolved though ages as protection against signifying disrespect to that which is entitled to legal regard.

 

High court division also observed that "No agencies of the state will be allowed to attack and defame the honor, prestige and Independence of judiciary of the Republic”.

 

High court Division also observed that “the police is duty bound to obey and comply with any order including judicial orders of the Republic and is not permitted to question the order as to why and how”

 

In an immediate response to the verdict, constitutional expert M Zaheer said: The high ups in the executives should now understand that the judiciary is determined to protect the rights of people. Those who show disrespect to the judiciary and the rule of law must be punished ".

 

His Excellency the High Court Division made it clear that according to Article 112 of the Constitution, the executive branch, including the police, is obliged to assist the court. Moreover, the court does not mean a domed building but the whole of Bangladesh is under the jurisdiction of the judges of the Supreme Court under Article 25 of the Criminal Procedure Code. The whole of Bangladesh has the power to exercise jurisdiction.

 

Defendants, including the police chief, went to the Appellate Division against the verdict. The Appellate Division dismissed the appeal as there was no reason to intervene in the judgment of the High Court.

 

What is Justice of Peace?

 

Considering the necessity of the judiciary, when the Code of Criminal Procedure was formulated in 1898, the provisions related to Justice of Peace were discussed in sections 22-25. Sections 23 and 24 of the Criminal Law Amendment Act, 1923 were repealed in 1923. Section 25 provides for ex officio to act as Justice of the Peace.

 

Section 25 of the Code of Criminal Procedure, 1898 contains-In virtue of their respective offices, the Judges of the Supreme Court are Justices of the Peace within and for of the whole of Bangladesh, Sessions Judges, Chief Judicial Magistrate and Metropolitan Magistrates are Justices of the Peace within their respective jurisdictions.

 

Pursuant to the provisions of this section, the ex-officio judges of the Supreme Court may exercise their powers for the whole of Bangladesh as Sessions Judges, Chief Judicial Magistrates, and Metropolitan Magistrates as Justices of Peace within their respective jurisdictions.

 

The Code of Criminal Procedure, 1898 mentions these provisions of the Justice of the Peace, but does not specify how the powers of the Justice of the Peace will be exercised. Pakistan has amended the CRPC and added two separate sections, 22-A and 22-B. Of these, Article 22A defines the powers of the Justice of the Peace.

 

As the powers and responsibilities of the Justice of the Peace are not defined in the Code of Criminal Procedure, there are very few instances of exercise of power in this regard in our country. The provisions of Sections 22 and 25 relating to Justice of Peace are in force in the Code of Criminal Procedure. Therefore, it is necessary to determine the powers and responsibilities of the Justices of Peace, especially the wise Sessions Judges and the wise Chief Judicial Magistrates, so that they can properly maintain law and order and in special cases, the image and dignity of the overall judiciary. In this case, it is necessary to amend the Code of Criminal Procedure on Justice of Peace.

 

The power of Justice of Peace is a kind of special power. The proper application of this provision relates to the dignity and honor of the judiciary. It is to be hoped that the exercise of such powers by the Hon'ble Judges and Judges from time to time will help the police and the administration to refrain from discrediting the judiciary.

 

#justice #police #specialpower #magistrates #fakhrulalam #jikook #DrakeBell #minho #kyla #christravis #Newsweek #criminal #law #bangla #bd #lifeissimplebd #supremecourt #judiciary #lowtips #bangladesh #dhaka #blogger #BDnews