Supreme Court Suspends PHC Order Granting Blanket Bail to PTI Leaders

Supreme Court of Pakistan ,Supreme Court Suspends

The Supreme Court Suspends in his recent decision to defer on an order issued by the Peshawar High Court granting all parties in the matter blanket bail raises the question of what is best practice when dealing with the criminal procedure code. This temporary suspension has created doubts about the justification for “blanket relief” and its compliance with due process. The complexities of this case are discussed in detail to illuminate the various legal issues involved.

Supreme Court Suspends PHC Order

On Thursday, October 19, the Supreme Court suspended the blanket bail granted in the Peshawar High Court bench of two members consisting of Justice Sardar Tariq Masood and Justice Mussarat Hilali dated August 4th, 2023. It was instituted as a response to the KP’s appeal to stay the PHC order. This was not well received by the Supreme Court, which condemned this blanket relief offered by the High Court and suspended it pending further hearing.

Background of the Case

Besides the bails granted to the PTI leaders including Asad Qaiser, Rangiz ahmed, Aqibullah, Attaullah, the Hon’ble High Court of Peshawar also ordered that no one should arrest the respondent in this case or any other criminal suit against them. The Hon’ble Court of Peshawar further directed a circular to all judicial officers of the province to follow the same practice. In the past 18 months, frivolous litigation by the law enforcement agencies along with the police of all Pakistan had made the Peshawar High Court issue such an order, especially after witnessing the registration of more than 200 FIRs against Former Prime Minister Imran Ahmad Khan Niazi.

Supreme Court Suspends

Legal Arguments and Counterpoints

Advocate Sher Afzal Khan Marwat appeared for the respondents during the proceedings before the Hon’ble Division Bench at Supreme Court of Pakistan. Nevertheless, the Court gave him a hearing when formal notices would come. From the Prosecution side, Additional Advocate General Mohammad Nisar from KP gave considerable proof, establishing that the respondents had been listed within an FIR lodged on the Swabi Police Station’s register under particular sections of the Pakistan Penal Code and Prevention of Corruption bill.” Moreover, they were part of another terrorism case involving the events of 10th May.
Moreover, it also became clear to the court’s attention that the respondents did not abide by the orders of Islamabad High Court rendered in transitory bail, granted till the 24th of July, which was provided with a condition to contact the concerned court immediately. Respondents are supposed to comply with such an order but instead, they filed the transitory bail in secret and then went to the high court at Peshawar to obtain relief.

Legal Observations and Rulings

Mohammed Nisar, the additional advocate general for Khyber Pakhtunkhwa severely disputed the order and pointed out the fact that it was not the essence of the Criminal Procedure Code as it was presented in this court. According to the AAG, the court order was unlawful because it released the accused persons without going through the required process of law. Also, AAG cited that the court order’s direction that no person may be arrested unless such permission is sought from the court concerned was against the existing framework of the criminal process in the country.

The Supreme Court’s Previous Position

The latest development occurred after the Supreme Court had earlier struck down similar blanket bail orders rendered pertaining to an application filed by the wife of Former Chief Minister Pervez Elahi. Sardar Tariq Masood emphasized that it is crucial that the legality and justifiability relating to such prohibitions on arrest be ascertained; more so in respect of those FIR’s whose specific contents remain unidentified. The above point was noted in the process involving an application lodged against the ex-Chief Minister’s husband, Pervez Elahi.

The decision of the Supreme Court Suspends reinforces the significance of respecting due process of law and shows why the Apex Court suspended the blanket bail order imposed by the Peshawar High Court. It demonstrates the judiciary’s dedication to applying the due process of law that maintains fairness and equity within the legal system. The subsequent

and effects are certain to materialize as the case unveils itself, thereby contributing toward a discussion on implementing the Criminal Procedure Code in Pakistan.

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