Pre-arrest bail is extraordinary intervention: SC.

ISLAMABAD -- The apex court has observed that pre-arrest bail cannot be granted in every 'run-of-the-mill' criminal case as grant of this relief is an 'extraordinary judicial intervention'.

'Grant of bail to an accused required in a cognizable and non-bail offence prior to his arrest is an extraordinary judicial intervention in an ongoing or imminent investigative process' read a two-page order authored by Justice Qazi Muhammad Amin Ahmed.

The SC judge issued the order on a petition of Secretary Union Council Jamshed Town Karachi Ghulam Farooq Channa who had been avoiding arrest since August 28, 2019 and sought bail in anticipation.

Channa was accused of having fabricated a death certificate of one Naseem Begum Chotani, on the basis which his co-accused attempted to grab valuable properties held in the name of the woman.

Upon disclosure, the alleged scam was reported to the anti-corruption authorities and the petitioner and his accomplices were nominated as accused.

The counsel for the petitioner contended that the alleged fabrication was reported after five years and was carried out by some other people. He argued that his client was being made a scapegoat to save the real culprits, while the co-accused was still on post-arrest bail.

The court, while rejecting the bail request, noted that the petitioner was at the helm of affairs when the bogus certificate was issued.

It said cognizance on delayed disclosure does not mitigate the culpability nor can be equated with mala fide. The order further said the release of co-accused on post arrest bails was entirely beside the mark for the reasons stated above.

It noted that the pre-arrest bail clogged the very mechanics of the state authority to investigate and prosecute violations of law designated as crimes.

'To prevent arrest of an accused where it is so required by law is a measure with far-reaching consequences that may include loss or disappearance of evidence.'

It noted that the remedy cannot be invoked in every run-of-the-mill criminal case prima facie supported by material and evidence, constituting a non-bailable/cognizable offence, warranting arrest, an inherent attribute of the dynamics of Criminal Justice System with a deterrent impact.

The order said it was certainly not a substitute for post-arrest bail.

After the issuance of order, a debate has started over its implications in criminal cases.

A senior law officer believes that the order referred to run-of-the-mill situation and the...