The Lahore High Court PERA officials criminal law case has clarified that government
officials cannot avoid ordinary criminal law simply because special legal procedures exist for
their authority. Justice Muhammad Ajmal Zahid dismissed a constitutional petition filed by
Punjab Enforcement and Regulatory Authority (PERA) official Tauqeer Asif. The case concerned
an earlier order directing police to hear a complainant and take action according to law if a
cognizable offence was established.

According to the complaint, the petitioner and several unidentified PERA officials were accused
of physical torture, illegal detention, and taking money from a citizen. The complainant alleged
that he was taken to Ferozwala police station before being moved to an undisclosed location.
He further claimed that officials stripped him, recorded a video of the incident, and threatened
him with serious consequences. A medico-legal certificate was reportedly submitted to support
his claim of physical injuries.

Tauqeer Asif argued that the Punjab Enforcement and Regulation Act 2024 provides a special
procedure for complaints against PERA officials. His counsel maintained that complaints
involving the authority should be handled under the law’s specific provisions. However, the High
Court explained that the existence of a special legal system does not automatically exclude
ordinary criminal law. Each allegation must be examined carefully to determine which legal
provisions apply.

The court discussed Sections 16, 49, and 53 of the PERA Act 2024, which address different
procedures and complaints involving enforcement actions and alleged misuse of authority. It
clarified that complaints about administrative decisions must be distinguished from allegations
that may constitute separate criminal offences under the Pakistan Penal Code.
The earlier order did not direct the immediate registration of a First Information Report (FIR).
Instead, police were directed to record the complainant’s version and proceed according to law
if the information disclosed a cognizable offence. The High Court found no legal reason to
interfere with that order and dismissed the petition.

The decision highlights that public officials’ actions must be assessed under the relevant law,
while allegations must be investigated and established through proper evidence.

Source: PERA Officials

Razia khan