Imran Ahmed Khan Niazi vs The State and others
This matter came before the Supreme Court of Pakistan through a miscellaneous application converted into a criminal petition and appeal, challenging the arrest of the petitioner within the premises of the Islamabad High Court. The core legal question concerned the legality of executing an arrest warrant issued by the National Accountability Bureau within court precincts while the petitioner had surrendered for judicial relief. The Court held that the manner of execution of the arrest warrant was invalid and unlawful, violating the petitioner's right of access to justice and the sanctity of the court, thereby infringing fundamental rights guaranteed under the Constitution. The Court laid down the principle that executing arrest warrants within court premises after a litigant has surrendered for judicial relief violates fundamental rights relating to due process, security of person, and access to justice.
- Whether the execution of an arrest warrant within the premises of a court is lawful when the person has surrendered for judicial relief?
- Does the arrest of an individual within court precincts violate the constitutional right of access to justice?
- What constitutes an infringement of fundamental rights under Articles 4, 9, 10-A and 14 of the Constitution during the execution of an arrest warrant?
- Article 4, Constitution of Islamic Republic of Pakistan
- Article 9, Constitution of Islamic Republic of Pakistan
- Article 10-A, Constitution of Islamic Republic of Pakistan
- Article 14, Constitution of Islamic Republic of Pakistan
ORDER
1. For the reasons to be recorded later, this Misc. Application is allowed, Criminal Petition be numbered accordingly and the same is converted into appeal and disposed of in the following terms: i) The manner of execution of the arrest warrant issued by the Chairman, National Accountability Bureau (NAB) dated 01.05.2023 in the Al-Qadir Trust case within the premises of the Islamabad High Court against petitioner is invalid and unlawful. The execution of said warrant violated the petitioner's right of access to justice and the sanctity and safety of the Court as he had already surrendered to the Court for seeking judicial relief against the action taken by NAB in the Al-Qadir Trust case. In this regard, the fundamental rights of the petitioner under Articles 4, 9, 10-A and 14 of the Constitution of Islamic Republic of Pakistan have been infringed. ii) The petitioner is directed to be produced before the Islamabad High Court tomorrow i.e. 12.05.2023 at 11:00 am for hearing of his Writ Petition filed to challenge the NAB action against him in the Al-Qadir Trust Case. The NAB authorities and the ICT Police shall ensure foolproof security to the petitioner until his production in the Islamabad High Court in this regard. iii) The Registrar of the Islamabad High Court is directed to place the matter i.e. the Writ Petition before the Hon'ble Chief Justice of the Islamabad High Court for constituting a Bench for hearing the same. iv) In order to ensure the security of the petitioner until his appearance in the High Court tomorrow i.e. 12.05.2023 at 11:00 am, he shall remain in the premises where he is presently retained in police custody, namely, the Police Lines Guest House, H-11, Islamabad (Police Guest House). v) Whilst the petitioner is in the Police Guest House, he shall be entitled to meet up to 10 guests, whose particulars shall be provided by him to the concerned Police Officer, subject to security check by the police. These persons shall be allowed to stay with the petitioner as long as desired by him. vi) This order shall remain valid until the production of the petitioner before the High Court in the aforementioned Writ Petition tomorrow i.e. 12.05.2023 at 11:00 am and shall be subject to any order that is passed by the High Court. vii) This order shall not cause any prejudice to the proceedings of investigation being conducted by the NAB in the matter of the Al-Qadir Trust.