Article 10
The right to legal assistance at the police station is a fundamental safeguard against unlawful arrest and detention mentioned in Article 10 of Constitution of Pakistan. Recognized globally, this right ensures that individuals accused of crimes receive fair treatment from the moment of their arrest. In Pakistan, this principle is enshrined in Article 10 of the Constitution of the Islamic Republic of Pakistan, 1973, forming a crucial part of the country’s constitutional criminal procedure.
This article explores the constitutional, legal, and international dimensions of the accused’s right to a lawyer at the police station, drawing comparisons with the legal frameworks of the United States, India, and the United Kingdom.
Read the full article 10, here.
Constitutional Rights and Legal Safeguards in Pakistan
The Fundamental Rights guaranteed by Articles 9 to 28 of the Constitution of Pakistan serve as a mini-code of criminal procedure, safeguarding individuals from abuse in criminal prosecutions. Among these rights, Article 10 specifically protects individuals from unlawful arrest and detention, ensuring access to legal counsel at the earliest stage of criminal proceedings.
Key Provisions of Article 10 of Constitution of Pakistan
- Right to Be Informed: A person arrested must be promptly informed of the grounds of their arrest.
- Right to Legal Representation: The arrested individual has an absolute right to consult and be defended by a lawyer of their choice.
- Immediate Access to a Lawyer: The right to legal counsel becomes available at the time of arrest, ensuring protection during police interrogations.
This constitutional guarantee is further supported by Section 340 (1) of the Code of Criminal Procedure (CrPC), which states:
“Any person accused of an offence before a criminal Court or against whom proceedings are instituted under this code in any such Court may as of right be defended by a lawyer.”
However, this section primarily applies at the trial stage, whereas Article 10 ensures legal representation at the pre-trial stage, including police custody and interrogation.
Global Legal Perspectives on the Right to Legal Assistance
United States: The Landmark Precedents
The right to a lawyer during police interrogation is firmly established in the Sixth Amendment of the U.S. Constitution, which states:
“In all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defence.”
This right has been reinforced through landmark Supreme Court cases:
- Escobedo v. Illinois (1964) 378 U.S. 478 – Established that a suspect cannot be interrogated without being informed of their right to an attorney.
- Massiah v. United States (1964) 377 U.S. 201 – Confirmed that any statements obtained from an accused in the absence of a lawyer are inadmissible.
- Gideon v. Wainwright (1963) 372 U.S. 335 – Guaranteed the right to legal counsel for all accused persons, regardless of financial status.
These rulings reinforce the idea that access to legal counsel at the police station is not just a procedural right but a fundamental aspect of due process.
India: Constitutional and Legislative Protections
In India, Article 21 of the Constitution protects personal liberty, while Article 22(1) explicitly grants the right to consult a lawyer upon arrest:
“No person who is arrested shall be denied the right to consult, and to be defended by, a legal practitioner of his choice.”
In D.K. Basu v. State of West Bengal (AIR 1997 SC 610), the Supreme Court of India held that an arrested individual must be allowed to meet their lawyer during interrogation, leading to the introduction of Section 41-D in the Criminal Procedure Code (CrPC) in 2010, which formalized this right.
United Kingdom: Balancing Rights and Law Enforcement
The UK has taken a middle-ground approach, incorporating the right to legal assistance through Section 78 of the Police and Criminal Evidence Act (1984). This provision empowers courts to exclude evidence obtained in a manner that violates the suspect’s right to legal counsel. Unlike the U.S. automatic exclusionary rule, UK courts exercise discretion in determining admissibility.
The Right to Silence and Exclusionary Rules
A critical aspect of legal representation at the police station is the right to remain silent, which is closely tied to the right to legal counsel. Article 13(b) of the Constitution of Pakistan protects individuals from self-incrimination, reinforcing the need for legal representation during interrogation.
U.S. Supreme Court Cases on the Exclusionary Rule:
- Weeks v. United States (1914) 232 U.S. 383 – Established that evidence obtained illegally cannot be used in court.
- Rochin v. California (1952) 342 U.S. 165 – Declared that evidence obtained through coercive means (such as forced stomach pumping) is inadmissible.
These cases highlight that violations of the right to legal representation and protection from self-incrimination render proceedings void.
The Way Forward: Strengthening Legal Protections in Pakistan
While Pakistan’s Constitution guarantees the right to a lawyer at the time of arrest, challenges remain in its practical enforcement. To ensure greater compliance, the following measures should be implemented:
- Mandatory Legal Representation: Every arrested individual must be provided immediate access to a lawyer, with police officers legally obligated to facilitate this.
- Recording of Interrogations: Video recording of police interrogations should be made compulsory to ensure transparency and accountability.
- Judicial Oversight: Courts must strictly enforce the exclusionary rule for evidence obtained in violation of constitutional rights.
- Public Awareness Campaigns: Educating citizens about their rights through media campaigns and legal literacy programs.
- Legal Aid Services: Expansion of state-funded legal aid to ensure that indigent defendants are not denied legal representation.
Conclusion
The right to legal assistance at the police station is not just a procedural safeguard—it is a fundamental pillar of justice, due process, and human rights. Pakistan’s Article 10 aligns with international legal standards, but effective implementation remains a challenge. By adopting best practices from the U.S., India, and the U.K., Pakistan can strengthen its legal framework to ensure that every accused individual receives the fair trial rights they deserve.
The journey towards a more just legal system begins with enforcing constitutional guarantees, ensuring that no accused person stands alone in the face of the law.
How Can Zanlaw Can Help it’s Clients in Police Station?
Zanlaw Firm provides expert legal assistance at police stations, ensuring clients’ rights are protected from the moment of arrest. Our experienced lawyers offer immediate legal advice, prevent unlawful detention, and represent clients during interrogations to safeguard their interests. We navigate complex legal procedures, ensuring fair treatment and due process. Whether facing questioning or wrongful charges, Zanlaw Firm stands by your side, offering strong legal support to secure the best possible outcome. Contact us anytime.