LAHORE: Legal experts on Friday said the registration of an FIR against the PM, Punjab CM and their ministers would have landmark impacts on both political and judicial history of the country.
Some legal experts said there was no need of investigation in the case as report of judicial commission had already surfaced. They opined that the commission had already held investigation about the allegation and had given its findings.
The jurists said that the accused had already recorded their statements by filing their affidavits and they had been cross-examined by the tribunal and now there was no need for fresh recording of evidence. They added only those could be cross-examined by the complainant’s counsel who had not appeared before the tribunal even after repeated notices.
Some legal experts said that if there would be tried to investigate into the same matter again, it might be possible that some one challenge it in the courts.
The LHC judge said, “Arrest of a suspect or an accused is not necessary during the course of investigation and the general impression in this regard is misconceived because a person named in the FIR is not to be arrested straightaway upon registration of FIR or as a matter of course unless there is sufficient incriminating evidence regarding culpability of accused. The arrest of accused is to be deferred till the availability of incriminating evidence in order to satisfy the investigation officer regarding correctness of allegations levelled by the complainant against person named in the crime-Report.”
Legal experts said that after this ruling, now the law and precedents covering principle for ‘bail before arrest’ application had changed. In the light of this judgement, an accused did not need an application as it had barred the police from arresting an accused before collecting ‘sufficient incriminating evidence’.
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