20 January 2005	Thursday	09 Zilhaj 1425

ISLAMABAD, Jan 19: The Supreme Court on Wednesday overturned its April 21, 2003 order of granting 'unbridled' protection to an Awami National Party leader and allowed the National Accountability Bureau to arrest him if he was involved in any criminal case.

"Grant of unbridled protection to ex-member National Assembly, Haji Nasimur Rehman, by directing the NAB or other agencies not to arrest him without court's permission, is recalled," a three-member bench of the court said, accepting a review petition of NAB.

If involved in any criminal case, Mr Rehman could be arrested and interrogated in accordance with law for which no prior permission shall be required, a detailed SC judgement said.

Authored by Acting Chief Justice Iftikhar Muhammad Chaudhry, the judgement pointed out errors in the SC's previous order. The court, however, allowed a two-week bail to Mr Rehman during which he would move a bail-before-arrest petition before the Peshawar Accountability Court.

Mr Rehman, facing a corruption reference for accumulating wealth disproportionate to his known sources of income, was declared a proclaimed offender and awarded three years' rigorous imprisonment after he had failed to appear before the accountability court.

He moved an appeal before the Peshawar High Court which was turned down. Later, he approached the Supreme Court through a leave-to-appeal petition. The ACJ noted that according to the SC's previous order Mr Rehman had surrendered to the court but the record was silent whether he had been taken into custody or not.

Justice Muhammad Nawaz Abbasi, a member of the bench, pointed out that the Supreme Court through its April 21, 2003 order had granted bail to Mr Rehman after he had surrendered to the court. The bail granted to him was not a general bail but a conditional one enabling him to surrender to the Peshawar High Court.

The ACJ said that the earlier order suffered from errors and observed that courts were required to do justice though heaven might fall. Mr Rehman was not entitled to the relief extended to him by the Supreme Court, the ACJ deplored, saying the convict had succeeded in getting relief despite being fugitive from law.

The ACJ said it was important to note that Mr Rehman had never sought relief, which was awarded to him. Surprisingly, he added, Mr Rehman was allowed to go scot-free despite the fact that he was liable to be taken into custody on appearance, as he was a convict.