| Case ID |
ed6b8615-2d2c-4b6d-8bb7-425504477bc5 |
| Body |
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| Case Number |
D-916 of 2015 |
| Decision Date |
Sep 04, 2015 |
| Hearing Date |
Sep 04, 2015 |
| Decision |
The High Court declined to grant bail to the petitioner but enabled him to land in Pakistan and approach the proper Court for bail. The Court emphasized the importance of the accused facing charges personally, stating that attendance could not be substituted through an attorney. It was noted that the purpose of Red Notices is to seek the location of a wanted person for lawful action, not to declare guilt or innocence. The petition was disposed of, allowing the petitioner to seek legal remedy upon arrival in Pakistan. |
| Summary |
The case involves a constitutional petition regarding protective bail sought by the petitioners in light of Red Notices issued by Interpol. The Sindh High Court addressed the issues surrounding due process as per Article 10-A of the Constitution, emphasizing that the accused must have the opportunity to face charges directly. The Court clarified that while protective bail was not granted, the petitioners could land in Pakistan and approach the courts for legal relief. This ruling highlights the balance between legal procedures in extradition matters and the rights of individuals facing charges. Key legal principles from the Criminal Procedure Code and the Constitution were examined in detail, ensuring that the rights of the accused are preserved while maintaining lawful enforcement of judicial processes. The decision also reflects the challenges faced by individuals under international law enforcement actions, such as Red Notices, and the implications for their rights under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Panhwar, Justice,
Syed Saeeduddin Nasir, Justice
|
| Lawyers |
Not available
|
| Petitioners |
another,
Khawaja Muhammad Salman Younis
|
| Respondents |
10 others,
Federation of Pakistan through Secretary Law
|
| Citations |
2016 SLD 2387,
2016 PLD 547
|
| Other Citations |
2006 YLR 3116,
2009 SCMR 929
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
205,
497,
498,
10-A,
199
|