The Senate on Monday passed a landmark bill aimed at protecting the rights of arrested, detained, or under custodial investigation individuals in the country.
The ‘Rights of Persons Arrested, Detained or under Custodial Investigation Bill’ was moved in the upper house by former Senate Chairman and PPP leader Farooq Naek.
Speaking in the House, Naek said Article 14 provided that the dignity of man was inviolable and that the bill outlines various rights and protections, including the right to be informed of the grounds of arrest in writing, legal counsel, access to family, food and medicines and a medical examination by an independent doctor.
The PPP leader stated that these rights were available to under-trial prisoners worldwide and that, for now, they have to move the courts to get these rights.
Naek added that a man is innocent until proven guilty and his rights must not be usurped.
“They are under trial prisoners before conviction,” he remarked, adding that convicts lose some of their rights.
He said the bill also includes a provision of the right to remain silent before a police officer in the absence of a lawyer and prescribes a fine for the police officer who violates the provision. The bill also provides for the right to be produced before a magistrate within 24 hours of arrest.
Additionally, the bill protects against torture or cruel treatment and aims to ensure that individuals are treated fairly and humanely while in custody and to prevent abuses of power by law enforcement agencies.
The statement of objects and reasons of the bill reads:
“The present Act seeks to define the rights of persons arrested, detained or under custodial investigation as well as the duties of the persons arresting, detaining or investigating offences. It further deals with the provision of assisting advocates by the State and their remuneration (Section 8). The Act is in line with rights granted to persons arrested, detained or under custodial investigating throughout the world as well as Article 14 of the Constitution of the Islamic Republic of Pakistan, 1973. It is an attempt to herald the dawn of the human rights revolution in Pakistan”.
Law Minister Azam Nazeer Tarar said there were certain reservations over the bill, but he did not oppose it. He indicated that some amendments may be introduced when the bill comes under consideration by the National Assembly.
The Senate also unanimously adopted a bill to amend the Fatal Accidents Act, 1855, moved by Shahadat Awan, which has already been cleared by the House standing committee concerned.
He explained that he has proposed an amendment in Section 3 of the act, providing that the victim’s family could file a suit for an interim order from the court for an amount and that this order will be incorporated in the final decree.
Likewise, the related cases, he noted, will have to be decided within six months.
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