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MAJID ALI vs State S — 2022 PCrLJ 981 ISLAMABAD

Case information

Citation
2022 PCrLJ 981 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
MAJID ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 497

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MAJID ALI VS State S. 497---Constitution of Pakistan, Arts. 9 & 10-A---Bail---Security of person---Right to fair trial---Scope---Denial of bail automatically becomes a punishment in view of (i) the broad category of offences that fall within the prohibitory clause, (ii) the limited discretion vested in Court in view of the language of S. 497(1), Cr.P.C., and the lax standard that applies to the prosecution to justify arrest, and (iii) the time it takes to complete trials---Such undermines the rights of an accused to liberty guaranteed by Art. 9 and pre-trial punishment without conviction prohibited by Art. 10-A and fundamental principles of fairness, due to courts required to only ascertain, tentatively, if the accused is "guilty" on the basis of a "reasonability" standard---Such assessment takes place at a time when the accused is behind bars and has no ability to fully defend himself as he does not have complete access to the material to be presented by the prosecution before the court to satisfy the "reasonability" threshold---Right to liberty in Art. 9 is subject to law---Language used in S. 497(1), Cr.P.C., creates a prescription by law which renders the right of liberty of a citizen accused of a non-bailable offence pending his trial largely meaningless.

Other judgments reported in 2022 PCRLJ

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