Remand hearings can be held outside court Remand hearings can be held outside court

It is not feasible to produce suspects before a magistrate in court during weekends or public holidays due to logistics and security issues, says lawyer.

Lawyer-S-N-Nair Remand hearings can be held outside court Remand hearings can be held outside courtPETALING JAYA: Magistrates have inherent powers to declare any place as a “court” when police produce suspects to be detained for investigations, lawyers said.

They said one has to observe the issue of logistics and security in dealing with suspects allegedly involved in serious crimes.

Lawyer S N Nair explained the magistrate must record and pronounce any place outside the court as a court before starting the proceeding.

“They have the inherent power to make such a declaration in a hospital, prison, on aircraft and police lock-ups,” he said.

Nair said this in response to a letter by lawyer P Uthayakumar to Chief Justice Arifin Zakaria asking that all remand proceedings be held in courthouses instead of police stations.

Uthayakumar said such forms of “regressive” injustice must be stopped to restore the sanctity and dignity of the judiciary.

He also wants remand proceedings in court premises to be open to the public.

Nair said these days, magistrates insisted that the police produce their investigation diary on what they had done the moment the suspect had been picked up.

“They will order the suspect to be freed, or only give a day or two to hold them,” he said, in stressing that magistrates were independent wherever the proceedings were held.

Nair said remand proceedings could not be open to the public as it was not a trial.

“Anyway, lawyers are allowed to be present and make submissions on behalf of their clients,” he added.

Lawyer Muhammad Rafique Rashid Ali said magistrates inquired from suspects whether they had been assaulted, even without the presence of lawyers.

He said the law gave a suspect certain rights, which included the opportunity to communicate with a relative or friend and seek the service of a lawyer soon after an arrest.

Rafique said it was not feasible to produce suspects before a magistrate in court during weekends or public holidays, in terms of logistics and security.

“It will be better for the magistrate to go to the police remand centre to carry out his judicial function,” he said.

Rafique said magistrates were more vigilant and responsible in handling remand cases as they did not want to be implicated in cases of death in police custody.

He said the police, too, were more careful these days as the family of the deceased was awarded damages by the courts for death in police lock-ups.

“The police know that they are in trouble the very moment a suspect dies under their care as security and safety of the person is their responsibility,” he added.

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