MUHAMMAD QURAB KHAN vs THE STATE
This matter concerns the procedural efficiency of bail proceedings before the Supreme Court of Pakistan, specifically addressing delays caused by the non-availability of case records. The Court observed that despite prior administrative instructions requiring petitioners to provide copies of bail applications to the Prosecutor to facilitate timely record procurement, these instructions were not being strictly followed. This failure resulted in unnecessary adjournments, exacerbating the hardships of incarcerated individuals awaiting bail hearings. To rectify this, the Court issued a mandatory directive requiring all Advocates-on-Record to serve copies of bail petitions directly to the Prosecutor General or their representative against a formal acknowledgement. Upon receipt, the Prosecutor General is tasked with immediately securing the necessary police records and relevant case documentation. The Court held that this procedure must be strictly adhered to, ensuring the prosecution is prepared on the first date of hearing. This measure aims to eliminate procedural delays, expedite the disposal of bail matters, and alleviate the miseries of those in custody by ensuring the Court has the requisite record available at the initial hearing.
- What procedure must be followed by Advocates-on-Record to ensure the timely availability of case records in bail matters?
- What is the responsibility of the Prosecutor General upon receiving a copy of a bail petition?
- Does the failure to provide advance notice of bail petitions to the prosecution constitute a ground for delaying the disposal of bail matters?
ORDER
' Notice to respondent for 1st July, 2009.
2. In view of the difficulties of the petitioners/accused confined in custody, it was ordered on administration side that before submitting bail petitions/appeals, a copy of the same would be handed over to Prosecutor against signatures, who would confirm the receipt of the same by acknowledgement, so he might arrange the record of the case on the date fixed for hearing, with a view to avoid delay in disposal of the cases, particularly, relating to bail before arrest and bail after arrest etc. But it seems that the instructions are not being followed strictly, as a result whereof the matters, which require urgent hearing, are being delayed. Therefore, in future all the learned Advocates-on-Record may be asked to hand over copies of the bail petitions to the Prosecutor General or his representative against the acknowledgement and the Prosecutor General on receipt of the same, shall immediately manage procurement of the record i,e, police record and other necessary documents. After going through the contents of the petition he shall be ready on the first day of the hearing instead of receiving the notice and delaying the disposal of the matter for two/three dates of hearing which would add to difficulties and miseries of the persons who are in custody.
3. Copy of this order be circulated to all the Advocates-on-Record by names, in Islamabad as well as at Branch Registries. The Incharge Officer, to whom such petitions are presented, shall also ensure compliance of the above order.