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AZAD JAMMU AND KASHMIR, MUZAFFARABAD EHTESAB BUREAU versus KHALIL AHMED ABBASI

Sections 167 and 63 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 46 (1) of the Accountability Act (IX of 1997), Section 4 of the Azad Jammu and Kashmir Accountability Act, 2001, Section 10 (e) supervising the accused. Judging the judicial remand of the controlling jurisdiction, the jurisdiction of the Judicial Officer of the High Court was to decide whether the accused should be detained and not be remanded in a mechanical manner and it was necessary for the court to prosecute Use the mind. The remand should be present and if the magistrate finds that there is no reasonable basis, then the magistrate will not have to investigate the police proceedings and make sure that there is any substance in them. The evidence that has to be considered has to be considered and to ensure that the same justification is in custody. For the accused, because the right to freedom is the most important right of the citizens, detention of a person without legal justification creates a sense of injustice and insecurity and corruption in the society which could not be imagined if the police magistrate. If the accused fails to satisfy the accused, then the magistrate had no jurisdiction to remand and should release the accused, the main duty of the magistrate was to provide reasons for the remand. Section 676767 (PC) CCPC was that the magistrate should not record the order of remand in a mechanical manner without checking for any records and reasons, after considering the records and material prepared by the police and the merits of the case. , The magistrate was not satisfied and did not remand. Azad Jammu lawer from fb area from Garh More lawyer