Pakistan Case LawLIAQAT ALI JATOI Versus THE STATE
The petitioner filed a Constitution petition under Article 186-A of the Constitution of Pakistan 1973, seeking the transfer of his bail-before-arrest application from the High Court of Sindh to another High Court. The petitioner alleged that he faced political victimization and feared for his life and liberty upon entering the Province of Sindh due to his political affiliation with the Muslim League (N) and his opposition to the provincial government. He further alleged that the Anti-Corruption Establishment had registered an FIR against him for offences under the Pakistan Penal Code 1860 and the Prevention of Corruption Act 1947, leading to harassment of his family. The Supreme Court, noting the petitioner's apprehension and the assurance provided by the Advocate-General of Sindh that the petitioner would not be arrested, declined to transfer the case. Instead, the Court granted protective bail for a period of two weeks or until the petitioner surrendered before the High Court of Sindh, whichever occurred earlier, thereby enabling the petitioner to pursue his legal remedies in the appropriate forum without immediate threat of arrest.
- Can the Supreme Court transfer a bail application from one High Court to another under Article 186-A of the Constitution of Pakistan 1973?
- Is protective bail an appropriate remedy when a petitioner fears arrest while traveling to surrender before a High Court?
ORDER
SAJJAD ALI SHAH, C.J.---Petitioner before us has filed this Constitution petition under Article 186-A of the Constitution, seeking transfer of hearing of his application for bail before arrest from the High Court of Sindh to any other High Court within country on the ground that he is unable to surrender before that Court as he very seriously apprehends his arrest and danger to his life if he made any attempt to enter the Province of Sindh. According to him he fears political victimization as he belongs to District Dadu, which is also district of the sitting Chief Minister of Sindh and two other ministers of his cabinet. It is submitted on his behalf that he belongs to Muslim League (N) and had invited Mr. Nawaz Sharif to Dadu and Larkana, where he got very big receptions and addressed public meetings, and such action is profoundly resented by the Government of Sindh.
2.F.I.R. No, 24/93 has been registered on 3-4-1994 by the Anti-Corruption Establishment, Karachi against the petitioner for offences under sections 403, 409, P.P.C. Read with section 5(2) of the Prevention of Corruption Act II of 1947 in which it is alleged that in the previous Government petitioner as the Finance Minister Sindh allocated Rs,20 lacs to the Board of Revenue for advancement of Taqavi loans to the agriculturists and during disbursement loan of Rs,5 lacs has been found to be advanced to near relatives of the petitioner. For investigation of that case houses of the petitioner and his near relatives are being raided by the police and members of the Investigating Agencies with the manifest purpose of causing harassment. In support of the assertion made on behalf of the petitioner, affidavits of his father, mother and wife are filed, which are on the record.
3.On 13-12-1994 after hearing the learned counsel for the petitioner, interim bail was granted by this Court as petitioner had complained that attempts were being made for his arrest in Islamabad. Notice was also issued to the Advocate-General, Sindh for his appearance in the Court for today, who has appeared in the Court and has said that he had no objection if protective bail is granted to the petitioner to enable him to appear before the High Court of Sindh to pursue his bail application. Learned Advocate-General has further given assurance that the petitioner will not be arrested till his surrender before the High Court.
4.In the circumstances we direct that order of bail passed in favour of the petitioner by this Court earlier would continue to operate as protective bail for two weeks from today or till the petitioner surrenders before the High Court of Sindh, whichever is earlier in point of time. The Constitution petition is disposed of in terms stated above.
Judges on this bench
- Sajjad Ali Shah1,895 judgments
- Zia Mahmood Mirza694 judgments
- Muhammad Munir Khan2,344 judgments