اسلام آباد ہائی کورٹ نے سیشن جج کو تحریک انصاف کے رہنما شہباز گل کے مزید جسمانی ریمانڈ کی استدعا مسترد کرنے کے مجسٹریٹ کے فیصلے کے خلاف دائر نگرانی کو دوبارہ سننے کا حکم دے دیا۔

 عدالت نے ایڈووکیٹ جنرل اسلام آباد کی درخواست منظور کرتے ہوئے مخفوظ شدہ فیصلہ سناتے ہوئے کہا کہ ’جوڈیشل مجسٹریٹ کے آرڈر کے خلاف سیشن جج کے روبرو نگرانی قابل سماعت ہے۔ سیشن جج اس کا میرٹ پر فیصلہ کریں۔‘

دفعہ 167 ض ف (جسمانی ریمانڈ ) کے موضوع پر انتہائی اہم فیصلہ۔

The reading of S 167 CrPC shows that it pertains to the procedure where the investigation cannot be completed in 24 hours; it provides that a person arrested and detained by the police but the investigation is not completed within 24 hours and there are grounds that the accusation or information against the person is well-founded, the Officer Incharge of the House or the Officer conducting investigation shall make an application alongwith entries in the case diary relating to the case for remanding custody of the accused to the police. Under Subsection 2 ibid the Magistrate to whom the request is made, whether has jurisdiction to try the case or not, can from time to time authorize detention of the accused as the Magistrate thinks fit for a term not exceeding 15 days in the whole. Where the Magistrate authorizes the detention reasons are recorded for doing so and a copy thereof, under subsection 4 ibid, is forwarded to the concerned Sessions Judge. An order passed under subsection 3 has been considered as a judicial order since long.

Part-B of Lahore High Court Rules and Orders Volume-III pertains to remand in police custody. Rule 8 deals with principles applying in remand.

Under Rule 9 as well as Sections 163 & 167 (3) Cr.P.C. where the remand is granted to police reasons for doing so are forwarded to the Sessions Judge or District Magistrate, as the case may be. The sole reason for such provision is to ensure check and balance on the police authorities as well as the Magistrate inasmuch as the Sessions Court has supervisory function inasmuch as the remand in police custody has a drastic impact on the liberty of an individual as he is deprived of his fundamental right of freedom; the Sessions Court needs to supervise function of Magistrate as well as police authorities.

Remanding an accused to police custody is to be exercised with great caution as it tantamount to depriving a citizen of his liberty; however, the accusation or allegation made against the accused also needs to be investigated in a thorough and proper manner and where the custody of the accused is essential for moving forward with the investigation he may be remanded to police custody for a minimum possible time keeping in view the request made by the police and in regards to the material available and also by going through the police diaries as to the investigation so far conducted by the police. As also noted above, the order for remanding an accused to police custody needs to be intimated to the Sessions Court as it has supervisory jurisdiction.

Case No: Writ Petition No.2995 of 2022
The State through Advocate-General, ICT Vs. Learned Additional Sessions Judge and 2 others
16-08-2022