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Analysis of remand procedures reveals impacts on civil rights and justice processes, suggesting improvements for efficiency.
The Constitution of Pakistan 1973 ensures the fundamental rights including civil and personnel rights of every citizen of country. In civil rights, the privilege of the reasonable trial under Article 10-A of The Constitution and protection against the property under Article 23 of the Constitution are emphasized specifically. Whereas, for regulation of the same, two procedural codes have been adopted i.e. Civil & Criminal Procedure Codes respectively. Wherefrom, former provides mechanism for redress of the civil remedies in respect of personal rights regarding properties, but it takes considerable time owing to multiple factors including remand of matters etc., Similarly, Article 9 & 10 of the Constitution, protects the liberty of the person particularly and in case of curtailing the same the remedy has been provided under the latter code to approach the court of law to ensure the presence of detained person before the Magistrate. Thus, instant paper aims to spotlight the provisions, procedure regarding remand of Civil and Criminal cases and use of the modern devices to ensure the security of the stakeholders of the justice sector vis a vis to minimize the burden on the public exchequer to meet ends of justice.
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Rasool Buksh Mirjat (2024) studied this question.
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