New Directives Emphasize Accused Presence, Prima Facie Evidence, and Judicial Scrutiny
The Lahore High Court (LHC) has instituted measures to enhance the viability and transparency of obtaining physical remand. A division bench led by Justice Ali Zia Bajwa issued directives instructing magisterial courts not to grant remand without the accused’s presence. The court emphasized the accused’s right to oppose remand requests, either personally or through legal representation, stressing the need for documented objections. The bench highlighted that physical remand is an exception and should be granted only in cases of real necessity, with the accused present during proceedings.
The directives mandate magistrates to verify prima facie evidence connecting the accused to the alleged offense before granting remand. Additionally, magistrates must examine the progress in the investigation, refusing further remand if no substantial progress is demonstrated. The court underscored the duty of magistrates to balance investigative needs with protecting citizens from potential oppression, urging an independent and judicious examination of case facts. The bench criticized the oversight of legal provisions and principles by an administrative judge, emphasizing that further remand cannot be justified without due scrutiny.
