Saima Ashiq Javed vs State through Attorney General of Pakistan
The petitioner sought judicial protection through leave to appeal against the refusal of pre-arrest bail by the High Court in a case involving a major financial scam and misappropriation of public funds amounting to Rs.57.6 million through bogus pensionary payments, where her bank account was allegedly used to channel embezzled amounts and she had been declared an absconder. The core legal question was whether the petitioner was entitled to pre-arrest bail, particularly on the ground of her gender and disputed transactions. The Supreme Court held that the petitioner failed to make out a case for judicial protection or establish mala fide on the part of the prosecution, and further ruled that the law does not confer immunity from arrest on account of gender alone in the face of a prima facie nexus to a serious crime and conduct demonstrating absconsion. Leave to appeal was accordingly declined.
- Does the law confer immunity from arrest on account of gender in criminal cases?
- Whether pre-arrest bail can be granted when the accused has been declared an absconder?
- Is an accused entitled to pre-arrest bail merely on the basis of denials and explanations regarding documented bank transactions?
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Muhammad Awais Rashid and Muhammad Adeel, Junior Auditors in the Accountant General Office Punjab, were the principal architects behind a financial scam that cost public exchequer Rs.57.6 million, misappropriated through bogus pensionary payments to the fake claimants; as the Federal Investigation Agency probed the heist, the petitioner was found to have provided space to the embezzled amounts in her bank account that reflected various transactions comprising deposit by one of the accused as well as withdrawals thereof; attempt to secure bail in anticipation to her arrest failed before the trial Judge on 17.4.2018 whereafter she applied for judicial protection in the High Court in the year 2019, on issuance of proclamation of absconsion; failure brings her to this Court. Mr. Zafar Mahmood Chaudhry, learned ASC, while disputing the accusation, craftily pressed into service petitioner's gender to argue that her remission into custody would perennially embarrass not only the petitioner but the family as well, an avoidable option inasmuch as no investigative benefit would accrue to the prosecution at the given stage of the case. Learned Additional Attorney General for Pakistan has contested the plea; according to him, the prosecution still expects disclosures from the petitioner, likely to be helpful to drive home the charge.
2. Heard. Record perused.
3 It would be less than expedient to comment upon the arguments assailing evidence, comprising documented transactions involving bank accounts including one operated by the petitioner; her denials/ explanations is a business to be best attended by the trial Court. Despite a generous opportunity, learned counsel has not been able to A point out any mala fide lurking behind the intended arrest. Law does not confer immunity on the petitioner on account of her gender and as such she is required to make out a case for judicial protection; a prima facie nexus compounded by a conduct far from being enviable. Petition fails. Leave declined.
Cited by 1 case
- Jalal Ahmad @ Papi vs State etc PLJ 2021 Cr.C. 1388, PLJ 2022 Cr.C. 59