Abstract:
Arrest may be the most important and crucial stage of a criminal justice system. It’s
not the liberty and life style of just one individual that are interrupted without any
warning rather whole families suffer not just monetary but also physical exploitation
at the hands of police around the globe including Pakistan. The power to arrest and
subsequent pre-charge detention powers vested with law enforcement authorities
especially police have to be used with extra-ordinary care and reserved only for the
most heinous offences, not to be used in every criminal case, as it directly affects
one’s guaranteed Universal Human Rights especially civil liberties. As quoted by
Justice Fazal Karim ‘Power to arrest and detain under the criminal procedure code is
a discretionary power: by its very nature, it is an awesome power; it is horrendous
capacity to do harm to human dignity and fair name and reputation of a person is
heightened when it is accompanied by power to handcuff’. This paper aims to critique
police excesses during arrest and pre-charge detention period, which adversely affect
the criminal justice system of Pakistan. This study emphasizes the importance of
those inalienable human rights which are directly related with use of arrest and
detention powers, why these powers needs to be restrained and used when all other
options have been exhausted, Discussing practical issues/abuses this power has
brought ranging from extracting minor unauthorized benefits, sexual assaults, torture
and even custodial deaths in Pakistan. Relevant laws that exist in Pakistan in contrast
with international legal instruments and their requirements, further legislative and
administrative reforms that are required. Pakistan is the main case study, while
International laws and UK’s law act as comparator. Pakistan’s law and practices are
critiqued to arrive at research findings and put forward some useful recommendation
so to move forward.
