Sections 7 and 21E Panel Code (XLV of 1860), Section 302/324/353/186/427/148/149 Constitution of Pakistan (1973), Article 199 Constitutional application denied physical remand of the accused by the Anti-Terrorism Court. On further physical remand of the accused, the Anti-Terrorism Court did not provide any valid reason, and they were outraged by the fact that after their arrest, the suspects were identified as the perpetrators of this heinous crime, In which one police constable lost his life and the other constable lost his life. The Investigation Officer, who was seriously injured, had collected 125 offenses on the spot, and the weapons of the crime were yet to be recovered from the suspects, who were said to be hardened criminals and desperate criminals and in view of their perpetrator. Grant of additional remand for the accused was imminent. The grant or denial of the physical remand of the accused to the former should be used freely with a free mind, which the trial court failed to impugn. The Ad-Order was a non-speaking order that was deemed due to an understandable cause and to the police. Even without a look at the record, it was accepted that physical remand of the accused could not be obtained for more than seven days, when no power was provided. Fifteen days time was not provided for the purpose of physical remand. Section 21E of the Act, 1997, but in view of the difficulties in progressing the investigation of section 21E (2) of the said Act Keeping in mind that such a period can also be extended up to thirty days. The officer was a raging person and had no alternative to challenge the draconian order, which was set aside in the circumstances.
Related judgments — Lahore High Court Lahore, 2009
