Secretary Interior empowered to lodge complaint in anti-state offences
Previously prosecution against anti-state offences could only be instituted under the authority of federal or provincial governments
Pak Chronicle Report
Islamabad
Federal Government has authorized the secretary ministry of interior to file prosecution or complaint against offences against the state, stated a notification of the Government of Pakistan.
Earlier the prosecution for offences against state could only be instituted under the authority from the Federal Government or Provincial Government concerned or some officer empowered in this behalf by either of the two governments, further stated the circulation, a copy of which is available with pakchronicle.com.
Now in such offences complaint will be lodged by the Secretary Interior on behalf of the federal government and each time there is no need to send summary for approval to the cabinet.
The aim behind this move is to register complaint immediately in treason cases or offences against the state. Now there is no need to take approval from the federal government in cases of such a nature. The provincial governments may also register complaints in cases of offences against the state.
According to sources in the Interior Ministry this measure is in fact delegation of powers and not an amendment in Criminal Procedure Code (CrPC) of Pakistan.
According to issued circular in this context the Code of Criminal Procedure, 1898 (Act V of 1898) professes to deal exhaustively with the law of procedure and provides in the minutest details the procedure to be followed in every matter pertaining to general administration of criminal law.
Section 196 of the code provides that prosecution for offences against the state would only be instituted under the authority from the Federal Government or the Provincial Government concerned. Section 196 of the code reads as:
“Prosecution for offences against the state: No court shall take cognizance of any offence punishable under chapter VI or IX-A of the Pakistan Penal Code (except section 127), or punishable under section 108-A or section 153-A or section 294-A or section 295-A or section 505 of the same code, unless upon complaint made by order of, or under authority, from the Federal Government or Provincial Government concerned, or some officer empowered in this behalf by either of the two governments.”
If mandatory condition of sanction by the federal government or the provincial government concerned is not obtained then the entire proceedings would become without jurisdiction or coram non judice.
Due to this issue each and every decision of administrative nature was being sent for approval to the cabinet.
According to the sources approval to empower the Secretary Interior in this connection has already been obtained from the federal cabinet through a circular.
Ends
Image of circular
