BHC suspends delegation of First-Class Magistrate powers to DCs, ADCs and ACs

QUETTA: The Balochistan High Court (BHC) on Wednesday suspended the provincial cabinet’s move to delegate First-Class Magistrate powers to senior administrative officers, declaring that the decision appeared unconstitutional at the very outset.

The suspension order was passed by a two-member bench comprising Chief Justice Rozi Khan Barrech and Justice Sardar Ahmad Haleemi while hearing a constitutional petition filed by Iftikhar Ahmed Lango.

In his plea, the petitioner argued that granting judicial authority to executive officers such as Deputy Commissioners (DCs), Additional Deputy Commissioners (ADCs) and Assistant Commissioners (ACs) was in violation of both constitutional provisions and established law.

The bench observed that the provincial cabinet lacked the jurisdiction to confer such powers, and issued a stay order restraining the authorities from implementing the decision dated September 24, 2025, until further hearings.

Notices were also sent to the provincial government, the Advocate General of Balochistan, and other respondents to submit their replies.

The cabinet’s order, now suspended, had invoked Section 14-A of the Code of Criminal Procedure, 1898, empowering administrative officers to exercise First-Class Magistrate authority across Balochistan. This would have allowed them to preside over cases related to provincial and federal statutes, including those concerning forests, mines, and minerals.

The case will be taken up again once responses from the government and relevant officials are placed before the court.

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