SC directive ignored

In a surprise move, the establishment ministry yesterday appointed 319 executive magistrates authorising them to try electoral offences ignoring the Supreme Court (SC) directives for engaging judicial magistrates to do the job.
The ministry sent a letter to the Election Commission (EC) that said 319 officials of administration cadre were appointed executive magistrates, and were vested with the authority to run mobile courts, EC sources said.
The ministry, which was notified of the SC order, came up with the appointments just a day after the EC decided to ask the SC to engage judicial magistrates for trial of electoral offences in the December 29 parliamentary polls.
As per its decision on Sunday, the EC Secretariat last night sent a letter to the office of SC registrar seeking appointment of judicial magistrates. The letter however did not specify the number of magistrates required, sources said.
Meanwhile, mobile courts comprised of executive magistrates cannot try polls offences since they do not have authority to award imprisonment. As per the Mobile Court Ordinance 2007, they can only slap fine.
The Criminal Procedure Code (CrPC) allows only judicial magistrates to try electoral offences as these are punishable with both imprisonment and fine.
Following separation of the judiciary from the executive last year, executive magistrates are not at all concerned with trial of offences linked to parliamentary polls.
On November 16 this year, the law ministry included the title of Representation of the People Order (RPO) in the schedule of mobile court ordinance in a bid to empower them also to hold trial of polls offences.
But the EC on November 27 decided to engage executive magistrates for trying electoral offences, triggering controversy. It sought opinion of the SC for vesting the executive magistrates with the authority of judicial magistrates.
The SC on December 18 disapproved the EC move and ruled that only experienced judicial magistrates should be engaged to administer justice with regard to polls offences.
It observed that as jurisdictions of the judicial and executive magistrates are clearly delineated, the latter need not be entrusted with the authority of the former.
The SC noted that there are enough judicial magistrates at district level obviating the need for executive magistrates to deal with serious breaches of electoral laws.
The office of SC registrar informed the establishment ministry and the EC about the apex court's decision.
The RPO says magistrates are to be assigned on election day to hold summary trial of electoral offences. These include interfering or attempting to interfere when a voter casts vote, defacing or destroying ballot paper, creating obstacles to polling or counting of votes, resorting to violence, and intimidating voters or those involved in polls activities or duties.
The establishment ministry in its letter also said another 396 executive magistrates were appointed. And they will work with the strike forces to ensure law and order.