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22A 22B Petition for FIR

22A 22B Petition for FIR in Pakistan is used to Register an FIR when the Police are not doing it, especially after you have already applied to the Police for the Registration of an FIR. Section 22A empowers Ex-Officio Justices of Peace (EOJPs), typically senior judges, to address complaints regarding non-registration of First Information Reports (FIRs) by the police.

This provision was introduced in 2002 to combat police reluctance to register complaints, particularly in cases involving influential individuals or sensitive matters. EOJPs, upon verifying the merit of the complaint, can direct the police to register an FIR, granting the aggrieved party access to formal investigation and judicial redressal. 22a and 22b refer to the sections of CrPC (Criminal Procedure Code) where the powers of a Justice of Peace can be utilized through a 22a and 22b petition.

An Ex-officio Justice of the Peace in Pakistan (i-e Sessions Judge and nominated Additional Sessions Judge in the relevant District under section 25, Cr.P.C.) has the power to
(a) issue appropriate directions to the police authorities concerned on a complaint regarding non-registration of criminal case, 
(b) transfer of investigation from one police officer to another and
(c) to take note of neglect, failure or excess committed by a police authority in relation to its functions and duties. 

PLD 2005 LHR 470, 2005 P.Cr.L.J 487.

What can a 22a 22b Petition be used for?

Under the Criminal Procedure code, the following actions can be sought after through a 22a 22b petition:-

  1. To Execute Arrests
    Through a 22a 22b petition, the Justice of peace possesses the same powers that police officer possesses to make arrests.
  2. Powers after arrest
    When justice of peace arrests some person through exercise of powers invested in them through 22a 22b CrPc, they can direct police officers or officer incharge to investigate the matter.
  3. Aid from Member of Police Force
    The Justice of peace has power to call upon any member of police force on duty to aid them for following purposes.
    1. Taking or Preventing of escape of any Person
      The Justice of peace possesses powers to demand such aid in taking or preventing escape of any person, who has allegedly participated in the commission of any cognizable offence, or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists that he has so participated.
    2. Prevention of Crime and Prevention of Breach of peace or Disturbance of Public Tranquility
      The Justice of Peace possesses powers to demand such aid in prevention of crime in general and in prevention of breach of peace or disturbance of public tranquility in particular.
  4. Certificate of Identity
    The Justice of peace has the power to certifiy the identity of any person that resides within their jurisdiction.
  5. Verification of Documents
    The Justice of peace, through a 22a 22b petition, has the power to verify the authenticity of any document/s brought before them.
  6. Attestation of Documents
    Through a 22a 22b petition, the Justice of peace has power to attest documents, which are required to be attested.
  7. Directions for Police Authorities,
    Upon the success of a 22a 22b petition, the Justice of peace possesses the power to issue directions to the relevant police authorities for registering criminal cases, Transferring criminal cases to improve the investigation, to recognize the commission of neglect; both in failure and excess of diligence.
  8. Conduct Inquiries
    When information of occurrence of any incident is received (and breach of peace is involved) in such incident or when information of commission of any offence within local area of justice of peace is received, the Justice of peace can make inquiries into the matter, and furnish a written report of result of their inquiries to both the nearest magistrates and to the officer in charge of nearest police station.
  9. To take preventative action
    When information of an occurrence of any incident is received, and breach of peace is involved, or when information of the commission of any offence is received and offence is cognizable, the Justice of peace can prevent the removal of anything from the place of occurrence of the percieved offence and can prevent interference with it.
  10. Recording of Statement
    The Justice of peace can record statements made by individuals that are involved in a crime that they are investigating.

Ex-officio Justice of Peace, if not agreeing with the report furnished by the Police, can pass an order contrary to it. 

2007 PCrL.J 1935

Things to consider before filing a 22a 22b petition for FIR

As you can see from the list above, the complexity of a 22a 22b petition gives the complainant greater powers to seek justice; but before a 22a 22b petition can be used, a complainant must first ensure that they have submitted a Police Complaint correctly.

When submitting a 22a 22b petition, the original complaint, along with the receipt of the complaint by the Police station (that would state the Complainants details, along with the Investigating Officers details and the Crime Reference Number) must be added to the petition. A template of a 22a 22b petition can be seen here.

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