| Case ID |
697b3d5e-f243-4681-bf35-82c36af36933 |
| Body |
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| 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
|