Authorization certificate

2014 PLD 28 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 22-A, 154, 188 & 561-APenal Code (XLV of 1860), Ss.3, 4 & 302Qatl-e-amdQuashing of proceedingsExtra-territorial offencesAuthorization certificateScope

Grievance of accused was that Ex-Officio Justice of Peace had allowed application under S.22-A, Cr.P.C. and directed police to conduct investigation for offence committed outside the territory of Pakistan, whereas no certificate of authorization of investigation was issued by Federal Government

Validity

Accusation could not be inquired into without required certificate but bar did not extend to mere registration of F.I.R. under 5.154, Cr.P.C. and nowhere a condition was laid down to obtain such certificate before registration of F.I.R.

Sanction under 5.188, Cr.P.C. was a procedural requirement and could be produced even after submission of challan in a court of competent jurisdiction

Required sanction could be secured even after submission of challan in order to inquire into the charge

Incident was a blind murder and all queries would be answered after having full-fledged investigation made by police

Documents issued by foreign State, where alleged offence was committed, had no weight or relevancy as both the parties were reportedly Pakistani national and residents of district Quetta

Trial Court and police authorities in Pakistan had authority to inquire into the matter

High Court declined to interfere in the order passed by Ex-Officio Justice of Peace

Petition was dismissed in circumstances.