Connect with us

Pakistan

SC rules bail order removes all hurdles to person’s liberty

Published

on



ISLAMABAD:

The Supreme Court through a judgment has made it clear that if a court concludes that an accused is entitled to be released on bail, then the order should be executed at once and his liberty cannot be tacked to more conditions.

“If the court comes to a conclusion that an accused is entitled to be released on bail, then of course such bail granting order cannot be subjected to riders (additional terms) and conditions,” says a five-page judgment authored by Justice Sardar Tariq Masood while giving guidelines on the issue of disapproving the grant of bail to an accused on certain conditions.

Advertisement

The verdict is an important milestone in elucidating the link between the right to liberty and pretrial detention and understanding towards respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.

“While admitting to an accused person on bail, actually he is released from the custody of the authorised officer/judicial lock-up of the court and his custody is entrusted to a person known as his surety, who is bound to produce him in court at a specific time and place to answer the charge against him.

“Even no condition can be imposed upon an accused person in order to desist him from the repetition of the offence. This court, since 1963 till date, has dis-approved the imposition of any condition while granting bail to an accused person as Section 499 of the Code, under which bail bonds are submitted in the court, is very much clear that bail bonds are sufficient for release of a person/accused.”

Read more: Supreme Court picks: Isa wants rejected names dropped

A three-judge bench of the apex court noted that when bail is granted to an accused, not as a mean of enforcing recovery of fine, but on its own merits, the same could not be made dependent on the payment of fine; any such condition would amount to curtail his liberty, for which he otherwise is entitled.

Advertisement

“In terms of Section 499 of the code, the court cannot require an undertaking from an accused person before granting bail to desist from the repetition of the offence with which he is charged, as a condition precedent to the grant of bail; such a condition cannot be incorporated in a bail or surety bond itself,” reads the judgment.

The court noted that the grant of bail cannot be subjected to riders and conditions, if otherwise, a case stands made out.

“An accused seeking bail, after submitting bail bond through sureties, desire transfer of his custody to his sureties who undertake his production as and when required by the court and for that he has to make out a case in accordance with the law applicable thereto; he cannot be allowed or required to barter his freedom, and imposing any condition other than submission of sureties would be against the dictum laid down by this court.”





Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Pakistan

Imran’s right of defence struck out in defamation case

Published

on



ISLAMABAD:

Additional District Judge Lahore Chaudhry Muhammad Asif struck out the right of defence of former prime minister since concerned interrogatories of the plaintiff were not submitted on Thursday.

“This court has been left with no option except to strike out the right of defence of the defendant (Imran Khan) in this case due to non-submission of requisite replies by the defendant regarding concerned interrogatories of the plaintiff. So, the right of defence of the defendant is hereby struck out in this case accordingly,” the order stated.

Advertisement

The court asked the plaintiff to submit a list of witnesses on November 29.

It has been learned that the court has so far conducted 78 hearings of the case.

The order stated that the counsel for the defendant submitted an application for adjournment on the ground that the defendant was going to file a revised petition against the order of the court regarding the dismissal of concerned objections of the defendant.

Also read: ‘No objections’ to Imran’s helicopter landing at Parade Ground: GHQ

“From the perusal of record, it reveals that various reasonable opportunities have been provided to defendant to submit the requisite replies to concerned interrogatories of the plaintiff but the defendant has not done the needful,” it stated.

Advertisement

“Vide previous order dated 17.11.2022, one more opportunity was granted to the defendant in this regard with the clarification that in case of submission of requisite replies from the defendant’s side regarding concerned interrogatories of the plaintiff on the next date, the right of defence of the defendant shall be struck out. No lawful justification exits for the grant of further adjournment,” it added.

The court rejected the adjournment plea of Imran’s counsel.

According to details, the defamation suit states that Imran started uttering false and malicious statements against the plaintiff (Shehbaz) that the latter offered Rs10 billion to the former through a common friend in exchange of withdrawing the case of Panama Papers pending before the Supreme Court (SC).

Also read: President Alvi in Lahore to consult Imran over COAS appointment

​​​It pleads that the baseless and defamatory statements by the defendant widely circulated by media lowered the integrity of the plaintiff and caused him extreme mental torture, agony and anxiety. The court has been requested to issue a decree for recovery of Rs 10 billion as compensation for the publication of defamatory content in favour of the plaintiff.

Advertisement

In his written statement, the Pakistan Tehreek-e-Insaf (PTI) chief states that one of his friends told him that someone known to him and also the Sharif family approached him with an offer to pay billions of rupees if he could convince him to stop pursuing the Panama Papers case.

Imran says that he disclosed the incident for the consumption of the public at large and in the interest of the public good does not constitute any defamation.





Source link

Advertisement
Continue Reading

Pakistan

Pakistan to send armed helicopter unit to UN peacekeeping mission

Published

on



UNITED NATIONS:

Pakistan and Bangladesh will each be sending an armed helicopter unit to the UN peacekeeping operations in Mali, which faces serious problems as several countries have withdrawn or announced plans to pull out their personnel, a UN spokesperson said on Wednesday.

Spokesman Farhan Haq said that India will supply a utility helicopter unit to the Multidimensional Integrated Stabilization Mission in Mali, known as MINUSMA, and all three are expected to be deployed by March next year.

Advertisement

“These provide much-needed support to our forces and are critical for early warning and rapid response to protect civilians,” the spokesman told reporters at the regular noon briefing at the UN headquarters in New York.

“The UN continues to discuss with member states the deployment of new assets and plans to fill longer-standing gaps in addition to those resulting from recent announcements” of withdrawals, he said.

Set up in 2013, MINUSMA has 17,622 personnel helping the Malian government combat terrorists operating in the country.

MINUSMA is one of the deadliest operations having claimed the lives of 292 peacekeepers.

France completed its withdrawal earlier this year and it was followed by Egypt in August.

Advertisement

Germany said that it was withdrawing its personnel, who numbered 595 in the latest UN roster, from MINUSMA by May next year.

Also read: Who is country’s new army chief Asim Munir?

Britain is also pulling out its 249 personnel.

Ivory Coast also said that it would discontinue the participation of its personnel, who numbered 898, in MINUSMA when the current deployment ends because of a separate dispute with the Mali government over the arrest of its soldiers who went there on a mission unconnected to the UN.

Despite the dangerous nature of the Minusma, Pakistani military doctors serving in Mopti, a town in the fifth administrative region of Mali. have continued to serve, earning praise for their work. They operate a state-of-the-art hospital staffed with 75 medical personnel, including 10 women and 65 men, according to the UN.

Advertisement

The hospital operates 24 hours a day, every day, and they are always on alert. All specialities are covered, from pharmacy to gynaecology. However, its main purpose is to perform life-saving and urgent surgery when peacekeepers are injured, it was pointed out.





Source link

Continue Reading

Pakistan

Imran urges ‘all Pakistanis to participate’ in PTI long march

Published

on


Former prime minister and PTI Chairman Imran Khan on Thursday urged all Pakistanis to participate in his party’s much-hyped long march on Saturday (Nov26) in what appears to be his final showdown with the incumbent government to force it to announce early election date.

“Dear Pakistanis, I want all of you to participate in our haqeeqi long march in Pindi at 1pm on Saturday,” he said in a short video statement.

Imran, who was removed from power through a vote of no confidence in April, said that only a nation which has justice in it will get real freedom. “When there is justice, there are rights. When there are rights, a nation is free. Only an independent nation is prosperous,” he went on to say.

Advertisement

Read more: Interior ministry warns PTI of threats, urges postponing Pindi march

The former premier said that the nation will not stay silent until it gets real freedom. “I am coming for you despite my [health] condition and all of you need to come to Pindi for me,” he concluded.

Meanwhile, senior PTI leader Asad Umar presided over a meeting regarding the party’s preparation for the long march in Rawalpindi. Senior PTI leadership including Umar Ayub, Shibli Faraz, Ali Nawaz and others participated in the meeting.

The meeting discussed the overall preparations for the long march in Rawalpindi. The security plan, long march route and other significant matters came under discussion during the meeting.

The meeting was briefed that a caravan had left from Karachi for Rawalpindi whereas two others were ready to begin their journey to the garrison city from Quetta and Gilgit-Baltistan.

Advertisement

A briefing was also given in the meeting regarding the accommodation of the participants.

Issues regarding the provision of all basic needs including food and accommodation to the participants of the march were also discussed in the meeting.

“The nation is fully united and eager to achieve real freedom,” Umar said, adding that the party would welcome caravans from all over Pakistan in Rawalpindi.

“The captain [Imran Khan] will lead the ocean of people in Rawalpindi on November 26,” he further said.





Source link

Advertisement

Continue Reading

Trending

Copyright © 2017 ShayanXtreme