LHC sets guidelines for transparent remand process

Says accused must be present during remand proceedings

LAHORE:

The Lahore High Court (LHC) has introduced a more robust and transparent procedure for granting “remand,” directing magisterial courts to refrain from granting remand in the absence of the accused.

The division bench, led by Justice Ali Zia Bajwa, outlined eight guidelines for magistrates and administrative judges to follow when deciding matters related to accused individuals.

The court observed that the accused must have a fair opportunity to oppose the Investigating Officer’s (IO) request for remand, either personally or through legal representation.

Their objections should be documented, ensuring no harm during police custody.

The judge further said that remand can only be granted when the accused is physically present before the magistrate. No remand orders should be passed in the absence of the accused.

Magistrates must provide a detailed and reasoned order while deciding on the grant or refusal of physical remand. The reasoning should be cogent and convincing, as remand is an exception rather than a rule.

The also observed that before granting remand, magistrates should ensure that there is prima facie evidence connecting the accused to the alleged offense, and physical custody is necessary for further evidence collection.

Read: LHC makes procedure to obtain physical remand more viable, transparent

Moreover, if an extension in physical remand is sought, the magistrate must scrutinise progress since the previous order.

Prolonged custody requires stronger grounds for further remand, and if no significant investigation progress has been made, remand should be refused.

The court also observed that magistrates must strike a balance between thorough investigation needs and protecting citizens from potential oppressive behaviour by investigating agencies.

Applying an independent judicious mind is crucial for Magistrates when deciding on remand. Case diaries and available documents must be thoroughly examined to arrive at a just decision.

In response to a petitioner’s plea, the bench overturned an order from October 20, 2023, emphasising that the petitioner had been on physical remand for 24 days without material progress in the investigation.

Published in The Express Tribune, November 30^th, 2023.