No arrest without FIR, MAGISTRATS ORDER: CB

Islamabad:

A judge on the constitutional bench (CB) from the Supreme Court noted on Tuesday that no one could be arrested without registration of the first information report (FIR) and the order of a magistrate.

During the consultation of the intra-legal appeals against the pointed right-wing decision, which stopped the military trial against civilians, CB noted that the cases against the defendant involved in May 9, 2023-Vold, were booked in accordance with the official secret law (OSA), but the military was not registered.

A seven-member bench, led by Justice Aminuddin Khan, heard the appeals in court. At the beginning of the hearing, Bench asked Justice Jamal Khan Mandokhel, the Ministry of Defense’s lawyer Khawaja Haris to end his arguments within 20 minutes.

Haris replied that he would try to conclude his arguments by the end of the day. On this, additional prosecutor (AAG) Amir Rehman said that if Haris ended his arguments today, the lawyer of Pakistan (AGP) would present his arguments on Wednesday (today).

During the hearing, Justice Mandokhel said that no arrest could be made without a four, nor could anyone be detained without a magistrate’s order. Justice Muhammad Ali Mazhar said the cases on May 9 were registered under OSA, adding that the military did not register any four directly.

Justice Mandokhel noted that this case would have deep consequences for the future. Justice Aminuddin Khan said after arguments from Khawaja Haris that the court would hear AGP Wednesday (today).

Haris noted that if the judges did not ask so many questions, he would have completed his arguments. However, justice Musarrat Hilali, in a lighter vein, said she would not let anyone ask any questions. Justice Mandokhel added that he would also refrain from asking someone. The consultation is scheduled to continue Wednesday (today).

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