ISLAMABAD: The investigation officers (IOs) and staff of police stations have been ordered to refrain from arresting any accused from the premises of courts as it deprives them of their basic right to get justice and also violates the sanctity of courts.
Police officers told Dawn that the order had been issued keeping in view the verdicts of superior courts. According to the order issued from the office of AIG operations, in a case titled ‘Kamran Khan Gandapur vs Hina Arif’, the Supreme Court recently directed that any person who appears in the court seeking justice will not be arrested so that the person can get their due legal right.
The investigating officers usually chase accused in court premises and arrest them which not only violates the sanctity of the courts but also deprives the accused of the basic right to get justice, it added.
“The superior courts have not only discouraged the arrest of accused from court premises but also banned it.” Moreover, such an arrest creates a negative impression of the police department, it added.
Direction issued after courts observe such arrests deprive citizens of basic right to get justice
All investigating officers were directed that under any circumstance any accused person who is present on the premises of a court shall not be arrested from there. However, the investigation officers can exercise their power to arrest only on the direction of a judge.
If the court issues an order in case of a contempt of court during hearing and in any crime that has been committed in front of the judge, arrest should be made on the court’s order.
An arrest can also be made when it is necessary to protect the dignity of court and the life of people and to prevent terrorism and the usage of weapon, it said.
Whenever anyone tries to abduct or take away a child or woman from the premises of court or any forceful abuse is being committed against elderly and vulnerable people besides preventing a suicide attempt and self-immolation the police can use their right to arrest.
Arrest can also be made to prevent the act that will hinder the safety of the accused or the court during shifting of the accused for court appearance and judicial lockups.
During the arrest, the dignity of courts will be kept in mind and as much resistance will be used as necessary for the legitimate arrest of the accused.
In such situation, all police officers in uniform who are present on court premises to discharge their duties can make the arrest, the order stated, adding in case of such arrest the arrested person will be handed over to the security in-charge of courts immediately and the in-charge will inform the senior officers and would be bound to hand over the arrested person to police station concerned safely.
Surveillance of the court premises will be carried out by the camera control officer who will immediately inform the relevant security staff and senior officer about any suspicious situation, it added. The camera control officer of the court will also be responsible for ensuring that all cameras on court premises, including parking, entry gates, are functioning properly and covering all points and areas, the order said, adding that he will inform the senior officer through security in-charge of courts if the cameras are not working properly.
