LHC orders identification parade within 48 hours
Lahore High Court (LHC) Justice Tariq Saleem Sheikh has directed the authorities to conduct the identification parade within two days of the accused sent to jail.
In his detailed judgment, the judge issued directives regarding the identification procedure and proposed action against the investigation officers (IOs) if any delinquency on their part was proved.
Justice Sheikh had heard a case of petitioners who had been awaiting identification since May 25 despite a judicial magistrate’s directives to the IO to obtain a date from the competent court within three days for holding the parade and bring the suspects before her on June 8, which had not been implemented.
The LHC judge directed the Multan sessions judge to look into the matter and ensure that the petitioners’ identification parade was carried out within two days.
Following the May 9 riots, the deputy commissioners had issued preventive detention orders under Section 3(1) read with Section 26 of the Maintenance of Public Order Ordinance, 1960 (MPO) against a number of people.
FIRs of violation of laws had been registered against nominated as well as unidentified persons.
The petitioners had claimed that they were not involved in the incidents of May 9 and sought directions for holding the identification parades to begin the process for their release.
They alleged that the government was deliberately delaying the identification process to keep them imprisoned.
The assistant advocate general denied any wrongdoing on the part of the administration.
There was a long waiting list for the ‘test identification parade’ (TIP) and the petitioners would be summoned when their turn came, he added.
The court declared that in all cases where the area magistrate sent an accused to jail for the identification parade, he should immediately forward a copy of the order to the sessions judge. He should fix it as a ‘TIP Case’ in his cause list to ensure that the accused is produced before him after the identification process.
Immediately on receipt of a copy of the magistrate’s order, the sessions judge shall depute a judicial or special judicial magistrate for holding the TIP, who shall direct the investigation officer to take the requisite steps and conclude the exercise within 48 hours.
Published in The Express Tribune, June 17th, 2023.