STATE vs IQBAL HUSSAIN
This matter concerns the conduct of a respondent, Iqbal Hussain, who sought bail before arrest in a criminal case (F.I.R. No. 215 of 2006) while simultaneously suppressing material facts from the trial court. After the High Court granted interim bail, the respondent failed to appear, leading to the issuance of warrants and contempt notices. It subsequently emerged that the respondent had filed a second bail application before an Additional Sessions Judge without disclosing that his previous application had been dismissed by the High Court for non-prosecution. The core legal issue involves the abuse of the process of law through the concealment of prior judicial proceedings to obtain relief. The Court held that such suppression of material facts constitutes an abuse of process. Consequently, the Court directed the Additional Sessions Judge to stay proceedings, ordered the arrest of the respondent, and mandated his production before the High Court. The principle laid down is that a petitioner seeking discretionary relief like bail must disclose all prior litigation and orders to the court, and failure to do so warrants strict judicial intervention.
- Does the suppression of the fact that a prior bail application was dismissed for non-prosecution constitute an abuse of the process of law?
- Can a court order the arrest of a respondent who has obtained interim bail from a subordinate court after suppressing material facts from the High Court?
- Is a petitioner required to disclose the status of previous bail applications before a court when seeking new relief?
- Section 506, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
Abdul Razzaq Bailiff of this Court had produced record of bail application of Iqbal Hussain respondent in case F.I.R. No. 215 of 2006 dated 1-3-2006 registered under Sections' 506, 420, 468, 471, P.P.C. This is second application for bail before arrest before the learned Sessions Judge; Lahore. His earlier application was dismissed for non-prosecution. In fact after dismissal of his earlier application for non-prosecution on 27-4-2006 petitioner applied for bail before arrest. This Court granted him interim bail before arrest on 4-3-2006 and the matter was fixed for 11-5-2006.
He was directed to appear before this Court, on each acid every day for hearing fixed by this Court till the final disposal of the bail application. Then the matter came up for hearing on 11-5-2006. On that day neither respondent nor his counsel was present. He even did not file bail bonds. Perpetual warrant of arrest and notice of contempt of Court were also issued against him for 19-5-2006. On 19-5-2006 Iqbal Hussain respondent was not present before this Court. Rana Abdul Hamid Advocate submitted his power of attorney but this Court did not entertain the same. I had asked S. S.P. Operation to arrest the respondent and produce him before this Court on 22-5-2006. S. S.P.
Operation appeared before this Court today and he submitted a report that a raid was conducted but respondent was not available and ultimately he came to know that petitioner has been allowed bail before arrest by Mr. Jahandad Bainth learned Additional Sessions Judge, Lahore till 23- 5-2006. On this I have summoned record of bail petition which is now before this Court. In this bail application Iqbal Hussain respondent never mentioned that his application for bail before arrest was also dismissed by this Court.
2. Let a copy of this order and photostat copy of report of S. S.P. Operation alongwith original record be transmitted to the learned Additional Sessions Judge where the bail application of petitioner is pending.
3. Learned Additional Advocate-General shall convey the order of this Court today immediately and he will inform learned Additional Sessions Judge that he will wait for order., of this Court. I have asked learned Additional Advocate-General to direct S. S.P. Operation to arrest Iqbal Hussain respondent and produced him before this Court on 26-52006.
4. At this stage learned Additional Advocate-General submits that S.P. Saddar may be asked to arrest the respondent and produce him before this Court. I have asked learned Advocate-General to direct S.P. g Saddar to arrest the respondent Iqbal Hussain and produce him before this Court on 26-5-2006. S. H.O. Islampura is directed to submit a report whether Iqbal Hussain respondent has been involved in other cases prior to the registration of this case.