Government avoided imposition of total lockdown to save the people of the province from hardship, while buying necessary consumers’ goods from certain small retail business houses such general stores, medicine stores, vegetable, fruits and fresh milk shops besides Roti Tandoors. But ironically DG Peshawar Development Authority (PDA) has purposely tasked a female special magistrate for inspecting these outlets for imposing hefty fines on small traders in the markets of Hayatabad Township and private towns nearby. A few days ago People’s Market in Phase- 5 of Hayatabad was completely sealed by this special magistrate. Notwithstanding the illegality of this action under relevant provincial laws about the powers of special, no receipt of cash fine received is given.
At present executive magistrates are empowered for specific executive functions under certain laws to register cases for trial and adjudication by the judiciary. The actions such as imposing and receiving fines, arrest of traders and sealing of business outlets are the worst kind of harassment of law for which they must be held accountable. The relevant laws are: Prevention of profiteering and hoarding Act 1977, West Pakistan Foodstuff Control Act 1958, KP Public Property Act 1977 and KP Local Government Act 2013 under the ibid law the executive can only register cases which shall be prosecuted by the judiciary. But the DG PDA is using the executive limb to violate article 175 of the constitution of Pakistan, judgment of the SC i.e. PLD 1998 SC 1445 and section14-A CRPC. The instant case indicates that foxy bureaucracy is not happy with the loss of judicial powers under the separation of power between the executive and judiciary.
The use of excessive powers is illegal and unconstitutional, adding to the misery of small traders and general public. Moreover, it brings misnomer to the image of present government.
