MUHAMMAD IMRAN vs INSPECTOR GENERAL OF POLICE Ss — 2024 PLD 626 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD IMRAN VS INSPECTOR GENERAL OF POLICE Ss. 163 & 167(3)---High Court (Lahore) Rules and Orders, Vol-III, Part-B, Rr. 8 & 9---Remand of accused---Role and duty of Magistrate---Scope---Alleged accused was sent to judicial lockup for Test Identification Parade---In the present case when the accused was produced before the Magistrate, for sending him to judicial lockup, the Magistrate passed an order mechanically, without careful and thoughtful consideration that was required for such a significant order which curtailed the liberty of an individual---Magistrate's order, which authorized the incarceration of the detenu for Test Identification Parade, lacked a detailed justification or rationale based on the evidence available on the police file, therefore, it was a non-speaking order---Moreover, while dealing with the question of sending an accused to prison for TIP, a Magistrate has a crucial responsibility to thoroughly review the case diaries to determine the necessity of acceding to the request of the investigating agency---Such process is not a mere formality, but a substantive judicial duty aimed at safeguarding the rights of the accused while balancing the requirements of the investigation---Order of the Magistrate, in the present case, had no reference to the case diaries and material available on the record warranting sending of the detenu to judicial lock-up for TIP---Had the Magistrate adequately assessed the facts and circumstances of the case, he would have been in a better position to protect an innocent person from police oppression---Detenu was produced before the Magistrate after court hours---Practice of presenting the accused before a Magistrate outside of regular Court hours was deprecated by the Courts---Principle is that the accused should be produced before the Magistrate within official Court hours to ensure that the proceedings are conducted transparently and within the formal legal framework---Presenting an accused after Court hours could necessitate conducting such proceedings at the Magistrate's residence or another unofficial location, a practice that constitutional Courts have explicitly criticized for lacking transparency and formal procedural safeguards---Request of the investigating agency regarding remand should be entertained in open Court during Court hours unless there are extraordinary compelling reasons and circumstances for doing so in any other place than the open Courtroom.

MUHAMMAD IMRAN vs INSPECTOR GENERAL OF POLICE Ss — 2024 PLD 626 LAHORE-HIGH-COURT-LAHORE

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