| Case ID |
20a99e5b-385d-45ff-a085-562666ae2b2a |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 45360 of 2023 |
| Decision Date |
Jul 13, 2023 |
| Hearing Date |
Jul 13, 2023 |
| Decision |
The Lahore High Court granted protective pre-arrest bail to the petitioner, Parvez Elahi, allowing him to approach the concerned court within ten days after his release from jail. The decision emphasized the denial of fundamental rights due to successive arrests without proper justification. The court highlighted the need for law enforcement agencies to provide sufficient material before making arrests and noted that the practice of arresting an individual in multiple cases consecutively undermines the principle of due process. Furthermore, the court directed that the petitioner shall not be arrested in any blind or unknown FIRs or pending inquiries without proper notice and opportunity for hearing. |
| Summary |
In the case of W.P. No. 45360 of 2023, the Lahore High Court addressed the petition of Parvez Elahi regarding alleged political victimization through successive arrests and FIRs. The petitioner sought information about the criminal cases against him and highlighted the lack of proper association in pending inquiries. The court's ruling centered on protecting the fundamental rights of the petitioner, emphasizing the need for law enforcement to follow due process and avoid arbitrary arrests. The decision reinforced the court's authority under Article 199(1)(c) of the Constitution to intervene in cases of mala fide actions by law enforcement agencies, ensuring justice and fair treatment. The ruling also referenced multiple legal precedents to underline the importance of safeguarding individual rights against wrongful detention and highlighted the inappropriate practices of law enforcement in handling arrests. This case is significant in the context of ongoing discussions about rights and justice in Pakistan, especially concerning political figures and the use of law for alleged victimization. |
| Court |
Lahore High Court
|
| Entities Involved |
Assistant Attorney General,
Inspector Legal,
Additional Advocate General,
Assistant Advocate General,
AAG,
Deputy Director Legal Anti-Corruption,
Assistant Superintendent District Jail, Lahore,
FIA/AML
|
| Judges |
Muhammad Amjad Rafiq, J.
|
| Lawyers |
Asif Mehmood Cheema,
Amir Saeed Rawn
|
| Petitioners |
PARVEZ ELAHI
|
| Respondents |
CARE TAKER GOVERNMENT OF PUNJAB
|
| Citations |
2023 SLD 6999,
2023 PLJ 688
|
| Other Citations |
PLJ 2021 Cr.C. (Lahore) 550,
1980 PCr.LJ 377,
PLD 2018 SC 595,
1994 SCMR 1283,
2017 YLR 2423,
PLD 1993 SC 473
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code, 1898
|
| Sections |
10,
199,
199(1)(c),
54,
75(2)
|