Legal Case Summary

Case Details
Case ID 697b3d5e-f243-4681-bf35-82c36af36933
Body View case body.
Case Number Criminal Miscellaneous-No. 1766/B of 1980
Decision Date Aug 09, 1980
Hearing Date Aug 02, 1980
Decision The Lahore High Court granted Sheikh Muhammad Rashid pre-arrest bail, acknowledging the medical grounds presented, indicating that the petitioner was a chronic patient of asthma and heart ailments. The Court asserted its jurisdiction to hear the bail application despite the formation of a Special Court under the Holders of Representative Offices (Punishment for Misconduct) Order, emphasizing that the High Court retains concurrent jurisdiction to grant bail unless specifically limited by law. The Court decided not to delve into the merits of the case, maintaining that the liberty of the citizen must be protected, and granted the interim bail based on the petitioner's medical condition.
Summary In the case of Sheikh Muhammad Rashid vs. The State, the Lahore High Court addressed the issue of pre-arrest bail under the Criminal Procedure Code. The petitioner, Sheikh Muhammad Rashid, sought bail on the grounds of medical necessity, citing chronic health issues including asthma and heart ailments. The Court considered the implications of the Holders of Representative Offices (Punishment for Misconduct) Order, which had been invoked against the petitioner. The decision emphasized the High Court's jurisdiction to hear bail applications even after the formation of a Special Court, asserting that the right to liberty is a fundamental right guaranteed under the Constitution. The judgment reiterated the principle that no citizen should be left without legal recourse in the face of potential arbitrary detention. The Court's ruling reflects a commitment to uphold civil liberties and the rule of law, ensuring that the health and rights of individuals are safeguarded within the judicial process. This case highlights the delicate balance between legislative frameworks and individual rights, particularly in the context of special laws that may attempt to limit judicial oversight.
Court Lahore High Court
Entities Involved Not available
Judges GHULAM MUJADDID MIRZA, J, M. S. Baqir
Lawyers M. S. Baqir, Sh. Riaz Ahmad, Khalil Ramley
Petitioners Sheikh MUHAMMAD RASHID
Respondents THE STATE
Citations 1981 SLD 1439, 1981 PLD 26
Other Citations Zahoor Rahi v. The State P L D 1977 S C 273, Pakistan Tobacco Co. Ltd, Chittagong v. The Chairman, Second Labour Court of East Pakistan and 18 others P L D 1971 Dacca 262, Muhammad Ayub v. Muhammad Yaqoob P L D 1966 S C 1003
Laws Involved Criminal Procedure Code, Holders of Representative Offices (Punishment for Misconduct) Order
Sections 498, 3, 5, 6, 9, 3, 6