PLD 2024 Lahore 626
Rights of an accused under custody elaborated.
Duties of the police and Magistrates explained.
I. Upon apprehension and during subsequent detention, it is incumbent upon the detaining authority to promptly apprise the accused of the grounds for such arrest, in accordance with the principles of due process and legal transparency. Communicating the grounds for arrest and the details of accusations allows the accused to understand the allegations he is facing and offer an adequate defense. Such practice ensures that arrests are not made without sufficient cause or used as a tool of oppression, thereby safeguarding the liberty of citizens and the rule of law.
II. An accused should be allowed to contact his family after his arrest. The ability to communicate with family ensures that the accused can alert others about his situation, potentially mobilizing support and advocacy on his behalf. This can be crucial for safeguarding their rights, especially in jurisdictions or situations where the risk of violation of the law is high. In essence, the right of an accused to contact his family immediately after arrest is a crucial safeguard against arbitrary and illegal arrest.
III. An accused has an undeniable right to have legal advice instantly after his arrest. Police authorities have a crucial obligation to facilitate an accused to contact his lawyer following arrest. This duty is rooted in the principles of due process and the right to a fair trial, as recognized by Articles 10 and 10-A of the Constitution. Providing an accused individual with access to legal representation is a cornerstone of a fair, just, and humane legal system. This access is not merely a procedural right but a foundational element that ensures the integrity of the criminal justice system.
IV. The arrest report concerning an accused must be dispatched following Section 62 of the Code, together with Rule 26.8 of the Police Rules, to avoid instances of illegal detention. If the investigation extends beyond twenty-four hours, it is mandatory to bring the accused before a Magistrate to seek authorization for any further extension of custody under Section 167 of the Code.
V. Upon the presentation of an arrested individual before the concerned Magistrate, it becomes the Magistrate’s solemn duty to safeguard the accused’s fundamental rights, a custodianship that forms the foundation of judicial integrity and fairness. In our criminal justice system, the role of the Magistrate is both significant and pivotal.
VI. An accused must not be subjected to torture to elicit evidence or confession as prohibited under Article 14 of the Constitution, which advocates for fairness, equality, and dignity in the treatment of an accused. Ensuring compliance with this provision safeguards the accused from inhumane treatment and upholds the fundamental principles of justice and human dignity.
VII.The safeguarding of the aforecited rights of an accused in custody must not only be ensured by the police officials but also be properly documented in the police record to reflect such efforts.
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