A Mukhtiarkar was recently killed allegedly by land-grabbers when the official from Manghopir went to get a land vacated in Surjani Town on court orders. Several such officials, including assistant commissioners (ACs), have been roughed up, beaten and hurt in the past during these operations by those involved in land encroachments.
This has become a common occurrence after the withdrawal of magisterial powers from Mukhtiarkars. Now, as Mukhtiarkars and ACs do not carry the powers of first class or sub-divisional magistrates (SDMs), they are unable to apprehend and punish offenders on the spot. Additionally, because the ACs and Mukhtiarkars are no longer field magistrates, police do not pay attention to their orders.
A toothless official without magisterial powers cannot effectively establish the writ of the state in the face of armed-to-the teeth mafias seizing these priceless pieces of government land. The government should either approach the judiciary to have executive magistracy restored, or those exercising such powers should be asked to lead anti-encroachment operations.
The executive magistracy system was dissolved in 2001. Legal experts had criticised the move back then, calling the action draconian under the prevailing laws at the time.
Before 2001, ACs used to serve as SDMs, deputy commissioners (DCs) as district magistrates (DMs), and so on. They were given the new title of ‘coordinating officers’. Owing to their lack of magisterial authority, the commissioners and DCs have had trouble resolving law and order issues. When the executive magistracy system was in place, the DCs, with the additional powers of DMs, used to take decisions immediately over a variety of matters, including price increases and public demonstrations.
A bill was introduced in 2017, but it is yet to pass. The National Assembly’s Standing Committee on Law and Justice passed the 29th constitutional amendment draft, which included a proposal to restore the old magistracy system in all the provinces.
Such a law will be put into effect by the provinces subsequently to revert to the executive magistracy system in their respective jurisdictions. Significant reforms are urgently needed in the country’s adminis-trative structure in the light of the lessons learned from the recent shooting incident in which the Mukhtiarkar was murdered.
FARHAN ALI SIYAL
PADIDAN
