Muhammad Qurab Khan vs The State
This matter came before the Supreme Court of Pakistan regarding administrative difficulties faced by incarcerated petitioners in the timely disposal of bail petitions and appeals. The core legal question concerned procedural delays caused by the failure to supply advance copies of bail petitions to the prosecution and the consequent absence of the necessary police record on the first date of hearing. The Court held that strict compliance with administrative instructions is mandatory, directing that copies of all bail petitions must be handed over to the Prosecutor General or his representative against acknowledgment to ensure the immediate procurement of police records. The key principle laid down is that procedural mechanisms must be proactively enforced by advocates-on-record and registry officials to prevent unwarranted delays in urgent matters involving personal liberty and individuals held in custody.
- What administrative procedure must be followed when submitting bail petitions to avoid delays in the Supreme Court?
- Who is responsible for ensuring the procurement of the police record and necessary documents prior to the first date of hearing for a bail petition?
- How must advocates-on-record transmit copies of bail petitions to the prosecution?
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 AORs may be asked to handover 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 AORs by names, in Islamabad as well as at Branch Registries. The In charge Officer, to whom such petitions are presented, shall also ensure compliance of the above order.