| Case ID |
e0a897ca-01a0-45d3-a5aa-94ba297f3cd8 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2666 of 2022 |
| Decision Date |
Jul 15, 2022 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition of Junaid Qamar, affirming the legality of his arrest and subsequent transitory remand. The Court noted that the petitioner was presented before the competent Magistrate within the statutory 24-hour timeframe, thus complying with the requirements of the Criminal Procedure Code. The Court found no illegality or jurisdictional transgression in the actions of the arresting officers or the Magistrate. The petitioner failed to demonstrate any violation of his rights or the law, leading to the dismissal of his petition. |
| Summary |
In the case of Junaid Qamar vs. Sessions Judge, West Islamabad, the Islamabad High Court addressed the legality of the petitioner's arrest under the Criminal Procedure Code (V of 1898). The petitioner was arrested without a warrant in Islamabad Capital Territory and challenged the validity of this arrest, claiming it was unlawful. The Court examined the provisions of Sections 60 and 61, which govern the presentation of arrested individuals before a Magistrate and restrict the duration of detention without a warrant. The Court found that the petitioner was presented before the Magistrate within the required 24-hour period, and thus, there was no violation of the law. The High Court referenced several precedents to support its findings and ultimately dismissed the petition, underscoring the importance of adhering to legal protocols during arrests and remands. This case highlights key aspects of criminal procedure and the rights of individuals in custody, making it highly relevant for legal practitioners and anyone interested in criminal law. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, J
|
| Lawyers |
Imran Abbasi
|
| Petitioners |
JUNAID QAMAR
|
| Respondents |
2 others,
SESSIONS JUDGE, WEST ISLAMABAD
|
| Citations |
2023 SLD 478,
2023 PTCL 305
|
| Other Citations |
Govind Prasad v. The State of West Bengal 1997 Cri.LJ 1249,
Sachindra Mahawar and others v. State of M.P and others 2000 Cri.LJ 637,
Navinchandra N. Majithia v. State of Maharashtra and others AIR 2000 SC 2966
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
60,
61,
67
|