| Case ID |
29e64c34-2938-42ac-93cb-57bbad33f296 |
| Body |
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| Case Number |
Crl. Rev. No. 67181 of 2023 |
| Decision Date |
Oct 24, 2023 |
| Hearing Date |
Oct 24, 2023 |
| Decision |
The Lahore High Court accepted the revision petition filed by Mansha Ali against the order dated October 6, 2023, which granted further physical remand. The Court noted that the Investigating Officer failed to make significant progress during the remand period of twenty-four days. The Court emphasized that a Magistrate must examine police files and ensure justifiable grounds for remand. The order for further remand was set aside, directing that the petitioner be lodged in judicial lockup instead. The ruling underscored the importance of protecting constitutional rights during custody and the necessity for the Investigating Officer to provide substantial evidence for any request for remand. |
| Summary |
In the case of Mansha Ali vs. State, the Lahore High Court reviewed the legality of the physical remand granted to the petitioner under the Criminal Procedure Code and the Anti Terrorism Act. The Court found that the Investigating Officer did not demonstrate adequate progress in the investigation during the extended remand period. The Court highlighted the necessity for judicial oversight in remand proceedings to safeguard the constitutional rights of the accused. This case underscores the critical balance between effective law enforcement and protecting individual liberties, particularly in cases involving serious allegations. The ruling reinforces the requirement for Magistrates to provide detailed reasoning for remand decisions, ensuring that such measures are not applied mechanically but rather with careful consideration of the circumstances and evidence presented. This decision serves as a reminder of the judiciary's role in maintaining checks and balances within the criminal justice system, particularly in the context of anti-terrorism legislation, where the potential for abuse of power exists. The judgment is pivotal in shaping future remand practices and emphasizes the need for transparency and accountability in law enforcement actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shehram Sarwar Ch.,
Ali Zia Bajwa
|
| Lawyers |
Ch. Ishtiaq Ahmed Khan,
Zarish Fatima,
Mian Ehtisham Ahmad,
Sultan Akbar Chattha
|
| Petitioners |
Mansha Ali
|
| Respondents |
another,
State
|
| Citations |
2024 SLD 3800,
2024 PLJ 837
|
| Other Citations |
2000 SCMR 735,
1983 SCMR 775,
PLD 2001 Lahore 271,
1995 SCMR 429,
PLD 2005 SC 86,
1984 PCr.LJ 2588
|
| Laws Involved |
Criminal Procedure Code, 1898,
Anti Terrorism Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
435,
439,
167,
7(2),
21-E,
32,
9,
10
|