No one can be arrested without an FIR, says Supreme Court
Pakistan
A seven-member constitutional bench led by Justice Aminuddin Khan heard the appeals.
ISLAMABAD (Dunya News) – Justice Jamal Khan Mandokhail of Supreme Court has remarked that no one can be arrested without an FIR, nor can anyone be detained without a magistrate's order.
He expressed these remarks while hearing intra-court appeals against civilian trials in military courts.
A seven-member constitutional bench led by Justice Aminuddin Khan heard the appeals. At the start, Justice Mandokhail asked lawyers to conclude their arguments within 20 minutes. Khawaja Haris, counsel for the Ministry of Defence, said he would try to complete his arguments today.
Additional Attorney General Aamir Rehman noted that if Haris concluded today, the Attorney General would present his arguments tomorrow.
Justice Muhammad Ali Mazhar remarked that the law also provides some basic rights, and Rangers or FC personnel dismissed from service appeal through service tribunals.
Read also: SC questions lack of independent forum for military trials
Justice Mandokhail questioned whether in the police, appeals are heard by the IGP or trials conducted by the SP. He added that even in India, independent forums are available and stressed that no arrest or detention is legal without an FIR or magistrate’s order.
Justice Mazhar stated that those involved in the May 9 incidents were charged under the Official Secrets Act. The army did not directly lodge any FIRs; civilian custody was handed to the military through anti-terrorism courts. Whether such detention was lawful is a separate matter, he added.
Justice Mandokhail emphasized that this case will have long-term consequences, just like the FB Ali case, which is still being debated decades later.
The Supreme Court adjourned the hearing until tomorrow. Khawaja Haris will continue his rebuttal, and the court has directed him to conclude within 30 minutes.
