The process of arresting a Pakistani citizen is governed by various laws and guidelines, depending on the type of arresting agency and the circumstances surrounding the arrest. In Pakistan, arrests can be carried out by the police, the Federal Investigation Agency (FIA), or other law enforcement agencies. The law ensures the protection of citizens' rights, particularly with regard to private property, the use of force, and entering private property.

Here is a detailed breakdown of the process and the legalities involved in arresting a Pakistani citizen, including the role of various agencies and the rights of citizens:

1. Arrest by Police

Legal Framework for Police Arrest:

1. Criminal Procedure Code (CrPC), particularly Sections 41-60, deals with the process of arrest by police.
2. Pakistan Penal Code (PPC), Sections 339-348, defines the legalities and protections during arrests.

Steps for Police Arrest:

1. Arrest Warrant:
2. With Warrant: A police officer must have an arrest warrant issued by a Magistrate if the arrest is made for a non-cognizable offense.
3. Without Warrant: In cases of cognizable offenses (where police can make an arrest without a warrant), the police can arrest the person without a Magistrate’s order.
4. Notification of Reason for Arrest:
5. The police must inform the person being arrested of the reasons for their arrest at the time of arrest, according to Section 50 of the CrPC.
6. Arrest Procedure:
7. The arrested person should be physically restrained in a manner consistent with their dignity.
8. If necessary, police may use force, but it should be reasonable and proportional to the situation.
9. Right to Bail:
10. The arrested person has the right to apply for bail, except for cases where bail is explicitly prohibited by law, like in certain terrorism-related offenses.
11. Police Custody:
12. The arrested individual can be held in police custody for a limited period (usually 24 hours) before being brought before a Magistrate.
13. If more time is required, the police must seek judicial approval for further detention.

Rights of the Arrested Person:

1. Right to legal counsel.
2. Right to remain silent.
3. Right to be informed of the reasons for arrest.
4. Right to be produced before a Magistrate within 24 hours.

2. Arrest by FIA (Federal Investigation Agency)

The FIA has jurisdiction over a broader range of offenses, especially those related to national security, immigration, cybercrime, and human trafficking. The process of arrest by the FIA is similar to police arrests but involves specific laws.

Legal Framework for FIA Arrest:

1. FIA Act, 1974.
2. Prevention of Corruption Act, 1947.
3. Anti-Terrorism Act (ATA), 1997 (if relevant).

Steps for FIA Arrest:

1. Arrest Without Warrant:
2. The FIA can arrest individuals without a warrant in cases involving cognizable offenses, especially related to national security, corruption, or terrorism-related crimes.
3. FIA Officers' Authority:
4. FIA officers are authorized to arrest individuals under specific circumstances outlined in their mandates.
5. The accused is informed of the reasons for arrest at the time of arrest.
6. Temporary Detention:
7. The accused may be detained in FIA custody for a limited period before being presented before a Magistrate or Anti-Terrorism Court, depending on the case.
8. Investigation:
9. The FIA will conduct an investigation and determine whether the evidence supports the charges against the accused.

Rights of the Arrested Person:

1. Similar to the rights of individuals arrested by police, including the right to legal counsel, the right to know the reason for arrest, and the right to be produced before a Magistrate.

3. Arrest by Other Law Enforcement Agencies (Army, Intelligence, and Security Agencies)

The process for arresting a citizen by agencies such as the Army, Inter-Services Intelligence (ISI), Intelligence Bureau (IB), or other federal or provincial security agencies can vary, but these agencies operate under the national security framework.

Legal Framework:

1. The Pakistan Army Act, 1952.
2. Official Secrets Act, 1923.
3. National Accountability Bureau (NAB) Ordinance, 1999 (for corruption-related cases).

Steps for Arrest by Security Agencies:

1. Authorization:
2. Security agencies like the Army or intelligence agencies typically have powers of arrest in cases of national security, anti-terrorism, or intelligence-gathering operations.
3. Arrest may not always require a judicial warrant, particularly when it is related to national security or intelligence.
4. Notification and Procedure:
5. Agencies must inform the arrested individual of the reasons for their arrest and show the legal grounds, unless classified.
6. In some cases, these agencies may detain individuals without public disclosure for national security reasons.
7. Custody and Detention:
8. These agencies may detain individuals in secure locations for questioning and investigation, often under stricter protocols than civilian law enforcement.
9. Access to Legal Counsel:
10. In high-security or intelligence-related cases, access to legal counsel may be restricted or delayed, especially during the initial stages of detention.

4. Private Property and Law Enforcement Agencies Entering Private Grounds

Legal Principles:

1. Constitution of Pakistan guarantees the right to privacy under Article 14, which protects against unlawful search and seizure.

Entry onto Private Property:

1. With a Warrant:
2. Law enforcement agencies, including the police, need a valid search or arrest warrant issued by a Magistrate to enter private property. This ensures that any entry is legally authorized and justified.
3. Without a Warrant:
4. If a crime is being committed or is about to be committed, agencies may enter private property without a warrant in what is referred to as "hot pursuit" or in cases of emergency (e.g., terrorism, armed robbery, or immediate danger to life).
5. Use of Force:
6. Police or other agencies may use reasonable force if there is resistance during the arrest or if they face a threat while entering private property. However, excessive force or damage to property is unlawful unless absolutely necessary for law enforcement purposes.
7. Search and Seizure:
8. If law enforcement agencies have a warrant or probable cause, they can search private property. They must respect the privacy of the property owner, and they cannot arbitrarily seize property unless it is relevant to the investigation.

5. Key Rights and Safeguards for the Arrested Person

Regardless of whether the arrest is by police, FIA, or security agencies, Pakistani law provides the following safeguards:

1. Right to be Informed: The person being arrested must be informed about the reasons for the arrest at the time it is made.
2. Right to Legal Counsel: The person has the right to consult with a lawyer, though this right may be limited in certain national security cases.
3. Right to Fair Trial: The arrested person has the right to a fair trial under the Constitution.
4. Protection from Torture: Torture or cruel treatment during the arrest or detention is prohibited under Article 14 of the Constitution.

Conclusion

The process of arrest in Pakistan varies depending on the agency making the arrest (police, FIA, or other law enforcement agencies) and the nature of the offense. However, all arrests are governed by the principles of law, with specific rights afforded to individuals to ensure that the arrest is conducted in a legal and humane manner. Law enforcement agencies are required to follow due process, including informing the individual of the reason for their arrest and obtaining a warrant in many cases. The entry onto private property by any law enforcement agency also requires adherence to legal standards, including the need for warrants or exigent circumstances.

For Detail Visit: https://pakistancode.gov.pk/english/index.php

Read More Articles at https://uniwaly.com