State vs ADDITIONAL SESSIONS JUDGE Ss — 2023 PCrLJ 83 ISLAMABAD

Case information

Citation: 2023 PCrLJ 83 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: State vs ADDITIONAL SESSIONS JUDGE Ss
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS ADDITIONAL SESSIONS JUDGE Ss. 163 & 167(3)---High Court (Lahore) Rules and Orders, Vol-III, Part-B, Rr. 8 & 9---Constitution of Pakistan, Art. 199---Constitutional petition---Remand of accused---Principle---Supervision of Sessions Judge---Scope---Authorities were aggrieved of refusal to grant physical custody of accused to investigating officer, who was sent to judicial lockup---Validity---Remanding an accused to police custody was to be exercised with great caution as it tantamount to depriving a citizen of his liberty---Acquisition or allegation made against accused needed to be investigated in a thorough and proper manner---Where custody of accused was essential for moving forward with investigation, he could be remanded to police custody for a minimum prescribed time, keeping in view the request made by police and in regards to material available and also by going through Police Diaries as to the investigation so far, conducted by police---Order for remanding an accused to police custody needed to be intimated to Sessions Court having supervisory jurisdiction---High Court set aside the order passed by Magistrate and remanded the matter to Sessions Court---Constitutional petition was allowed accordingly.

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