Lahore: Regarding the physical remand of the arrested accused, the Lahore High Court issued a major decision, in which new rules have been laid down for the physical remand of the accused.
The court invalidated the decision to extend the physical remand of the accused Minsha Bomb and said in its decision that the accused must be present in the court room for physical remand. Physical remand cannot be given without appearance. A police officer cannot detain an accused without producing him in court within 24 hours.
The court declared that the physical remand of an accused cannot be given only on the basis of the statement of the investigating officer. Whenever a request for remand comes from the investigating officer, the Magistrate will use his judicial mind taking into account all the facts. The Magistrate should make his observation a part of the judicial decision while deciding on physical remand.
The Lahore High Court in its decision said that the magistrate should observe the case diary and related documents while deciding on physical remand. Ensure that the accused is linked to the crime and further investigation is required. If the investigating officer asks for an extension of the physical remand, it should be seen what investigation was done on the previous remand. The accused should be given full opportunity to oppose the physical remand and the statement should be brought on record.
In the judgment, the court further said that the court must be satisfied for the physical remand of the accused. The freedom of the accused is connected with the decision of the magistrate. Protection of the rights of citizens is the main duty of the courts. The High Courts of the country have also disliked remand by the Magistrate without investigation. Article 9 of the Constitution guarantees the protection of free life of citizens.
The Supreme Court declared that according to the Deputy Prosecutor General, it is not necessary to give the reasons for the remand to the judge of the terrorism court. This statement of the Deputy Prosecutor is highly inappropriate and a misinterpretation of the law. While granting physical remand, the Administrative Judge will act like a Magistrate. The Administrative Judge has to give proper reasons while granting remand.
The Lahore High Court said in its decision that the accused in the present case was produced before the Anti-Terrorism Court for physical remand on September 27. The police diary does not record anything related to the 4-day handover of the accused. In the present case, there is nothing on record against the accused.
A 2-member bench consisting of Justice Ali Zia Bajwa and Justice Shahram Sarwar, in a written decision against the physical remand of Mansha Bomb, further said that the ATC judge extended the physical remand 4 times without knowing the facts. It seems that the ATC judge carelessly extended the physical remand without seeing the case diary. The decision to extend the physical remand of the accused Minsha Bomb is declared null and void.
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