Every accused person entitled to fundamental rights: LHC

LAHORE: The Lahore High Court held every accused person, irrespective of the charges against him, is entitled to fundamental rights that must be protected and respected throughout the criminal justice system.

The court passed this order in a petition for recovery of the detenu Muhammad Azam, who was allegedly in illegal detention of respondents SHOs, police station Defense-A, Lahore, and police station Bhawana.

The court said it is incumbent upon the detaining authority to promptly apprise the accused the grounds for his arrest.

The court said an accused should be allowed to contact his family after his arrest. In essence, the right of an accused to contact his family immediately after arrest is a crucial safeguard against arbitrary and illegal arrest, the court added.

The court said the police authorities have also a crucial obligation to facilitate an accused to contact his lawyer following arrest.

The court said providing an accused individual with access to legal representation is a cornerstone of a fair, just, and humane legal system.

The court said the legal framework mandates that police authorities must report arrests and detentions to higher authorities promptly. This requirement serves as a critical check against arbitrary detention, the court added.

The court observed that the necessity to arrest a report helps to prevent abuse of power and ensures that the detention of individuals is always justified, documented, and subject to legal scrutiny.

The court also observed that a magistrate’s role in remand proceedings is critical in safeguarding against arbitrary detention and ensuring that the rights of the accused are protected, the court added.

The court said such practice ensures that arrests are not made without sufficient cause or used as a tool of oppression.

It is incumbent upon the magistrates to safeguard the rights of the accused while balancing the needs of the State to prosecute offenders, the court added.

The court observed it becomes the magistrate’s solemn duty to safeguard the accused’s fundamental rights.

The court observed that in the present case when the accused was produced before the magistrate, for sending him to judicial lockup, he passed an order mechanically, without careful and thoughtful consideration.

The District Police Officer, Chiniot, however, stated before the court that during the fact-finding inquiry, it was proved that the detenu Muhammad Azam remained in illegal custody.

He further apprised the court that the detenu has been discharged from the aforementioned criminal case and strict action stands initiated against the delinquent police officials involved in keeping the detenu in illegal custody.

The court while disposing of the petition observed that this judgment will serve as an earnest reminder to the magistrates and police authorities of the grave responsibility they carry on their shoulders to safeguard the fundamental rights of those accused held in custody, the court concluded.

Copyright Business Recorder, 2024