Sheikh Muhammad Nadeem vs The State & another
This matter arises from a petition for pre-arrest bail filed by Sheikh Muhammad Nadeem, who apprehended arrest in a case registered under sections 188 and 341 of the Pakistan Penal Code 1860 at Police Station Ganj Mandi Rawalpindi, following allegations that he and his co-accused violated a prohibitory order issued under section 144 of the Code of Criminal Procedure 1898 and obstructed public movement. The core legal question is whether pre-arrest bail should be granted in anticipation of arrest for offences allegedly committed during a protest that disrupted civic life and challenged the writ of the State. The Lahore High Court dismissed the petition, holding that the grant of pre-arrest bail in cognizable offences is an extraordinary measure where arrest remains the rule, and that no cause can justify disrupting civic life or challenging the state's writ. The key principle laid down is that freedom of expression and peaceful protest are subject to law and do not permit the disruption of public life, and pre-arrest bail cannot be claimed merely because an offence is bailable or carries a minor penalty when statutory functions are prima facie supported by a presumption of regularity.
- Whether pre-arrest bail can be granted merely on the ground that an offence is bailable or carries a minor penalty?
- Is the exercise of the right to peaceful protest subject to law and the primary responsibility of loyalty to the State?
- What is the legal standard for granting pre-arrest bail in cognizable offences?
- Section 188, Pakistan Penal Code 1860
- Section 341, Pakistan Penal Code 1860
- Section 144, Code of Criminal Procedure 1898
Sheikh Muhammad Nadeem, apprehend ing arrest in a case registered vide FIR No.313 dated 1-11-2018 under sections 188, 341 of the Pakistan Penal Code, 1860 with Police Station Ganj Mandi Rawalpindi on the complaint of Faisal Parvez/C, seeks bail in anticipatio n thereto; it is alleged that in the wake of Supreme Court verdict, he alongside co-accused violated a prohibitory order issued in exercise of powers under section 144 of the Code of Criminal Procedure, 1898 and obstructed public movement at Dingi Khuhi Chowk on 31-10-2018.
2. Heard. Record perused.
3. While freedom of expression and right to peaceful protest are undoubtedly most sacrosanct, nonetheless, exercise thereof is subject to law and there is no right in derogation to citizen's primary and fundamental responsibility of loyalty to the State. No cause howsoever sublime or sacred can be allowed to disrupt civic life or to question/challenge the writ of the State; our lanes must remain open for ambulances shifting the sick to convalescences, for commuters heading towards offices and seats of learning for a better future, therefore, the petitioner cannot be admitted to bail in anticipation to his arrest merely on the ground that section 341 of the Code ibid is scheduled as bailable whereas section 188 of the Code carried maximum penalty of one month or fine. Grant of pre-arrest bail in cognizable offences, scheduled as non-bailable is a most extraordinary measure; it is diversion of usual course of law wherein arrest is a rule, to be averted only in cases actuated by abuse of process of law under motives manifestly ulterior. A motion made by a functionary of the State, prima facie, protected by Statutory presumption of being in order and genuine cannot be set aside in the absence of justifiable reasons, conspicuously lacking in the present case. Crl. Misc. No.68-/2019 fails. Petition is dismissed.