Mian Muhammad Nawaz Sharif vs The State through Chairman, National
This matter arises from criminal appellate proceedings wherein the court examined the efforts made by the Foreign Office and the Pakistan High Commission in London to execute non-bailable warrants of arrest issued against the appellant, Mian Muhammad Nawaz Sharif. The core legal question concerned the appropriate judicial course of action when an appellant deliberately avoids service of warrants and fails to appear despite being aware of the pendency of the appeal. The court held that despite diligent efforts by state functionaries, the warrants could not be served personally, but the appellant could not be deemed unaware of the proceedings, particularly given the prior appearance of his principal counsel. Consequently, the court decided to initiate proceedings under Section 87 of the Code of Criminal Procedure 1898 by ordering the issuance of a formal proclamation for the appellant's appearance, to be published in designated national newspapers and served through the Pakistan High Commission in the United Kingdom. The key principle laid down is that where an appellant evades arrest warrants in a criminal appeal, the court may resort to proclamation proceedings under the Code of Criminal Procedure to compel attendance.
- What procedure is to be adopted when an appellant in a criminal appeal evades the service of non-bailable warrants of arrest?
- Can a court issue a proclamation under Section 87 of the Code of Criminal Procedure 1898 when warrants cannot be executed through diplomatic missions?
- Section 87, Code of Criminal Procedure 1898
ORDER
Pursuant to order dated 30.09.2020, statements of Rao Abdul Hanan, Consular Attach, Pakistan High Commission, London alongwith Muhammad Mubashir Khan s/o Ghulam Idrees Khan, serving as Director Europe-I, Foreign Office, Ministry of Foreign Affairs, Islamabad, and at the request of Additional Attorney General, statement of Dildar Ali Abro, First Secretary , Consular Affairs, Pakistan High Commission, London, were recorded in Criminal Appeal No.01/2019. The statements as well as documents produced on record duly reflected that all out efforts were made by the Foreign Office as well as staff of the Pakistan High Commission in U.K to effect the warrants of arrest in the instant appeal as well as Criminal Appeal No.01/2019. In this behalf, statements made by the abovementioned witnesses shall be deemed to be also made in the instant appeal for the purposes of determining the ef fect of non-appearance of the appellant namely Mian Muhammad Nawaz Sharif.
2. The examination of statements of above mentioned witnesses as well as the documents shows that all out efforts were made for effecting service of non-bailable warrants of arrest on Mian Muhammad Nawaz Sharif in the above mentioned appeals to ensure his attendance before the Court as required under the law, however , despite efforts, it is abundantly clear that service of warrants could not be effected. It is not possible to conclude in such circumstances that appellant is unaware about the pendency of appeal or the requirement to appear before the Court, especially so as learned principa l counsel for the appellant namely Kh. Haris Ahmed, Senior Advocate Supreme Court stopped appearing in the matter after order dated 15.09.2020. In this view of the matter , we are left with no option but to proceed further under section 87 of Code of Criminal Proced ure, 1898 and order issuance of proclamation for effecting service and intimating the appellant to appear before the Court on the date fixed. In this behalf, proclamation shall be published in Daily 'Dawn' and Daily 'Jang' and copies of the same shall again be served upon the appellant through High Commission of Pakistan in United Kingdom. The Ministry of Foreign Affairs shall do the needful in this behalf. The necessary expenses for proclamation shall be borne by Federal Government and be paid within a week of this order .
3. Re-list on 24.1 1.2020.