Under section 21-E of the Anti Terrorism Act 1997 power to grant physical remand of an accused for not less than fifteen days at one time to the Court is discretionary and not mandatory in nature. It is in exclusive domain of the Court dealing with such request to grant remand for a period which it feels necessary keeping in view facts and circumstances of each case.
Physical remand of an accused cannot be granted in routine. A duty is bestowed upon a Court dealing with such request of remand to protect fundamental rights of life and liberty of a person enshrined in the Constitution of Islamic Republic of Pakistan, 1973.
Period of remand should be as short as possible. Sub-section 3 of Section 21-E of the Act ibid specifically provided that the Special Court under Anti Terrorism Act, 1997 while dealing with the matters of remand of an accused shall be deemed to be a Magistrate, therefore, it is incumbent upon such Court to strictly adhere to the provisions of sub section (3) of Section 167 Cr.P.C, which provides that “A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing”
While dealing with the request of physical remand of an accused the Anti Terrorism Court is not supposed to act merely as a post office and grant physical remand in a mechanical manner rather it is incumbent upon it to go through the entire record, apply its judicious mind and record the reasons in writing for acceding such request. Herein the instant case, the Anti Terrorism Court, while comprehending correct proposition of law rightly grant physical remand of respondents for a period, which it deems appropriate and no exception can be drawn therefrom.
Crl.Revision No.57693/2023
State Versus Muswar Hussain Shah, etc.
14-09-2023
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