ISLAMABAD: A judge on the Supreme Court’s Constitutional Bench (CB) emphasized on Tuesday that no individual can be arrested without a registered First Information Report (FIR) and an order from a magistrate.
The remark came during the hearing of intra-court appeals challenging the Supreme Court’s earlier decision to halt the military trials of civilians. The bench observed that while individuals linked to the May 9, 2023, unrest were charged under the Official Secrets Act (OSA), the military had not registered any formal FIRs in the cases.
A seven-member bench, led by Justice Aminuddin Khan, is presiding over the hearings. As proceedings began, Justice Jamal Khan Mandokhel instructed the defence ministry’s counsel, Khawaja Haris, to wrap up his arguments within 20 minutes.
Haris replied that he would try to complete his arguments by the end of the day. At that point, Additional Attorney General (AAG) Amir Rehman noted that if Haris concluded, the Attorney General for Pakistan (AGP) would present his arguments on Wednesday (today).
Justice Mandokhel reiterated the legal requirement for an FIR and a magistrate’s approval prior to any arrest or detention. Justice Muhammad Ali Mazhar also noted that although the cases were registered under the OSA, the military did not initiate any FIRs directly.
Justice Mandokhel further remarked that the outcome of this case would carry significant implications for Pakistan’s legal landscape.
Justice Aminuddin Khan confirmed that after Haris’s arguments, the AGP would be heard today. Haris, for his part, noted that he could have concluded earlier if not for the number of questions posed by the bench.
In a lighter moment, Justice Musarrat Hilali joked that she would refrain from asking any more questions, to which Justice Mandokhel added that he would do the same. The hearing is set to resume today.
