Judicial Magistrate has Authority to Discharge Accused Person u/s 63 Cr.P.C at the Remand Stage --- Islamabad High Court, Islamabad

Islamabad 22-05-2024: In the recent development on the subject of discharge of accused person by a Magistrate invoking jurisdiction u/s 63 Cr.P.C at remand stage, the Islamabad High Court laid down a landmark judgment. The Honourable Judge of Islamabad High Court, Mr. Justice Babar Sattar, while deciding the case [Writ Petition No. 3691 of 2023] has upheld the discharge order of Accuse Person passed by Judicial Magistrate u/s 63 Cr.P.C.

The Honourable Court observed that the petitioner has challenged a Judicial Magistrate's decision to deny Police Remand and Discharge an accused under Section 63 of the Criminal Procedure Code (Cr.PC), arguing that this power should only be exercised after a Police Report under Section 169 Cr.PC. The Islamabad High Court emphasized that Magistrates must exercise this power justly and not arbitrarily, safeguarding the accused's rights and ensuring fair trials. The Court upheld that discharge orders are administrative, not final, and can be revisited if new evidence arises. It reaffirmed that penal statutes must favor the accused in ambiguities and dismissed the petition, finding the Magistrate's decision neither unjust nor unreasonable. Key cases like "Muzaffar Ahmed Vs. The State" and "Ashiq Hussain Vs. Sessions Judge" clarified that discharge does not end investigations or prosecutions but is an essential check on police powers to protect individual liberties under constitutional rights.

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