MUHAMMAD SHAHBAZ SHABEER vs ADDITIONAL SESSIONS JUDGE S — 2023 PCrLJ 810 ISLAMABAD

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MUHAMMAD SHAHBAZ SHABEER VS ADDITIONAL SESSIONS JUDGE S. 156--- Constitution of Pakistan, Art. 199--- Constitutional jurisdiction of High Court---Criminal investigation---Interference---Scope---High Court cannot hear and adjudicate petition under Art. 199 of the Constitution like an appeal and replace its findings with that of the Court of first instance or the Court hearing the revision petition---All High Court has to do is to determine whether there is any error of law or of jurisdiction---No interference in investigation can be made by any Court except in certain circumstances. Citation Name: 2023 PCrLJ 810 ISLAMABADBookmark this Case MUHAMMAD SHAHBAZ SHABEER VS ADDITIONAL SESSIONS JUDGE art. 14(2)--- Inviolability of dignity of man--- Torture during investigation---Scope---Torture in any form to extract evidence is prohibited. Citation Name: 2023 PCrLJ 810 ISLAMABADBookmark this Case MUHAMMAD SHAHBAZ SHABEER VS ADDITIONAL SESSIONS JUDGE S. 167---Penal Code (XLV of 1860), Ss. 124-A, 131, 153, 153-A, 505, 506 & 109---Physical remand---Extension---Accused was arrested for committing offences of sedition, provocation of riots, public mischief and criminal intimidation, against members of armed forces---Physical custody of accused extended to investigating officer by Trial Court was maintained by Lower Appellate Court in exercise of revisional jurisdiction---Validity---Lower Appellate Court had jurisdiction to hear revision petition against order under S. 167, Cr.P.C.---Remand was not to be allowed in a mechanical way nor refused on the basis of conjectures or surmises without application of mind---Such order was to be passed on the basis of material available on record including police diaries---Examination of police diaries led Lower Appellate Court to the conclusion that further 48 hours of remand in police custody was required---Investigating Officer also made reference to reasons for which physical custody was required which was to recover cellular phone from where the statement was allegedly read out by the accused---High Court declined to interfere in the order assailed, as the same did not suffer from any error of law---Constitutional petition was dismissed accordingly.

MUHAMMAD SHAHBAZ SHABEER vs ADDITIONAL SESSIONS JUDGE S — 2023 PCrLJ 810 ISLAMABAD

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