Islamabad, April 15, 2025: The Supreme Court of Pakistan has ruled that no individual may be arrested without the registration of a First Information Report (FIR) or a formal order from a magistrate. The statement came during hearings on appeals related to the trial of civilians in military courts.
Justice Jamal Khan Mandokhail, a member of the seven-judge constitutional bench, stressed that legal procedures must be followed to protect citizens’ rights. “No person can be arrested without an FIR or a magistrate’s order,” he remarked, reinforcing the importance of due process.
The bench, headed by Justice Aminuddin Khan, began proceedings by requesting that counsels limit their arguments to 20 minutes each. Khawaja Haris, representing the Ministry of Defence, expressed his intent to complete his submissions within the day.
Additional Attorney General Aamir Rehman discussed the schedule for presenting arguments. Justice Muhammad Ali Mazhar noted that Pakistan’s legal system guarantees fundamental rights and mentioned that dismissed military personnel retain the right to appeal through service tribunals.
Justice Mandokhail also questioned the processes used by law enforcement in handling trials and appeals. He referenced the existence of independent legal forums in countries like India, implying that Pakistan could benefit from similar mechanisms.
The proceedings will resume tomorrow, with Khawaja Haris expected to deliver his rebuttal. The outcome of this case may carry significant implications for the legal treatment of civilians and the powers of military courts in Pakistan.
