LAHORE: The Lahore High Court (LHC) has sought replies from the federal and Punjab governments on a public interest petition seeking enforcement of Miranda rights when a citizen is arrested by a law enforcement agency.

Hussain Shaukat and other citizens filed the petition with multiple prayers, one of these seeking order to the authorities concerned to legislate or amend the laws in accordance with the caution warning or Miranda rights, guaranteed in the Fifth Amendment to the US constitution.

Advocate Syeda Izzat Fatima, the counsel for the petitioners, argued before the court that the petition had been filed to implement the law as per the rights recognised by the US Supreme Court in a 1966 decision titled “Miranda versus Arizona”.

She contended that the authorities should be ordered to issue body cameras to police officials, besides counseling them on the rights of a suspect during the process of arrest.

Asked about the maintainability of the petition under article 199 of the Constitution, the counsel told the court that the petition was a public interest litigation concept, which was already developed by the LHC in different cases.

She further stated that the petitioners were taken into custody by police without giving them any chance to engage a lawyer as per the Miranda rights.

Asked whether Miranda rights existed in the legal system of Pakistan, the counsel argued that there were provisions in article 10(1) of the Constitution, read with section 54 of the Code of Criminal Procedure (Cr.P.C), but those were not sufficient to protect rights of such suspects in police custody.

She maintained that under article 4 of the Constitution it was an inalienable right of every citizen of the country to be treated in accordance with law, while article 10-A provided the right to a fair trial and due process.

Justice Jawad Hassan issued notices to the respondents with a direction to the respective law officers to submit replies on behalf of the relevant quarters within a fortnight.

The judge also directed Punjab law secretary Akhtar Javed, who was present in the court in connection with another case, to render his assistance on the issue.

Published in Dawn, November 27th, 2022