| Case ID |
16ced8c3-bf45-406c-abfc-b2ada275d01e |
| Body |
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| Case Number |
Criminal Miscellaneous No. 2640-B of 1979 |
| Decision Date |
Aug 21, 1979 |
| Hearing Date |
Aug 13, 1979 |
| Decision |
The Lahore High Court ruled on the jurisdiction to grant bail before arrest in cases tried by Military Courts, affirming that anticipatory bail remains within the jurisdiction of the High Court despite the Martial Law Order, 1977. The court emphasized that no provision in the Martial Law Order ousts the jurisdiction of the High Court to grant such bail. The petitions for bail before arrest were granted as the allegations did not constitute a contravention of the law, and the court found a genuine apprehension of arrest based on the circumstances presented. |
| Summary |
In the case of Criminal Miscellaneous No. 2640-B of 1979, the Lahore High Court addressed the significant legal question of anticipatory bail in the context of Martial Law regulations. The court examined the implications of the Martial Law Order, 1977, particularly its impact on the jurisdiction of the High Court to grant bail before arrest. The ruling clarified that the High Court retains the authority to grant anticipatory bail, notwithstanding the Military Courts' jurisdiction. The case revolved around allegations of unlawful assembly during a political event, with the court finding that the nature of the gathering did not meet the legal criteria for prosecution under the Martial Law Regulations. This decision is crucial for understanding the balance of powers between military and judicial authorities in Pakistan, particularly in politically sensitive contexts. The ruling reinforces the protection of individual rights against arbitrary detention, echoing principles of fairness and justice enshrined in the Constitution of Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB HUSSAIN, J
|
| Lawyers |
Shakir All Rizvi,
Rashid Aziz
|
| Petitioners |
JAMIL AHSAN GILL
|
| Respondents |
THE STATE
|
| Citations |
1980 SLD 602,
1980 PLD 184
|
| Other Citations |
Rana Muhammad Amin v. The State 1978 S C M R 420,
The State v. Habib Jalib P L D 1967 Lah. 1297,
Muhammad Akram v. The State P L D 1963 S C 373,
The Crown v. Khushi Muhammad P L D 1953 F C 170,
Sadiq Ali v. State P L D 1966 S C 589,
Ch. Zahoor Elahi M. N. A. v. The State P L D 1977 S C 273,
Begum Nusrat Bhutto v. Chief of Army Staff etc. P L D 1977 S C 657,
The State v. Dosco P L D 1958 S C (Pak.) 533,
Asma Jilani v. Government of the Punjab P L D 1972 S C 139,
Mr. Zulfikar Ali Bhutto v. The State P L D 1978 S C 40
|
| Laws Involved |
Martial Law Order, 1977,
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
15,
33,
4,
498,
497,
199
|