Powers of Justice of Peace: A Tale of Inconsistency and Incomprehensibility in Decisions of Pakistani Courts

Abstract

The concept of Justice of Peace thrives in the Code of Criminal Procedure 1898 while in Pakistan Sessions Judges and Additional Sessions Judges are serving as Ex-officio Justice of Peace. In Pakistani Court Jurisprudence, the conflict arises whether the powers conferred to Ex-officio Justice of Peace are executive or quasi-judicial. In this way, this paper qualitatively surveys all cases regarding power of Ex-officio Justice to resolve the conflicting, inconsistent and incomprehensive decisions of Pakistani Court; this paper is an endeavor to elucidate the issues regarding the nature of powers and limitations on powers of Ex-officio Justice of Peace.