0
ISLAMABAD, May 8: A bench of the Supreme Court has granted bail to an absconder and restrained the government from arresting him without its prior permission.
Haji Nasimur Rehman, ex-MNA from NWFP, was convicted by Accountability Court, Peshawar, under Section 31(A) of the NAB Ordinance. He had approached the Peshawar High Court, through his attorney, to grant him bail, but the application was dismissed with the order that no absconder could ask for bail. He then approached the Supreme Court.
The apex court, which released the judgment on Wednesday, held: “Petitioner Haji Nasimur Rehman shall not be arrested by NAB or any agency without prior permission of this court, subject to his furnishing security in the sum of Rs5 million with one surety in the like amount to the satisfaction of the Registrar of the Peshawar High Court.”
Chief Justice of the Supreme Court Justice Sheikh Riaz Ahmad, Justice Mian Mohammad Ajmal and Justice Mohammad Nawaz Abbasi were the member of the bench.
It is the first case in which an absconder is afforded the facility of bail, as in the past courts consistently held the view that no absconder was entitled to bail.
Former prime minister Benazir Bhutto was also convicted under the same section of NAB ordinance, and same offence of non- appearance in the NAB court where cases of her alleged corruption were pending.
The former MNA of the ANP is accused of having assets beyond his known source of income. He could not be apprehended but some of his family members were arrested.
According to SC order, Haji Anwarur Rehman, Masudur Rehman, Mujibur Rehman, Faisal Saleem and Asad Saleem had been acquitted by Accountability Court III, Peshawar, on January 18, 2003.
The two-paged SC order, authored by Chief Justice Sheikh Riaz Ahmad, stated that the petitioner had surrendered himself before the Court on April 21. “Considering the case from all angles and the salient features emerging from the instant case, we are of the view that it is a fit case for interference.
“Accordingly, this appeal is allowed, with the result that the order dated June 19, 2001, challenging the conviction and sentences awarded to the petitioner under the NAB Ordinance by the Accountability Court of Peshawar High Court is set aside with the result that the petitioner’s appeal shall be deemed to be still pending before the Peshawar High Court.”
The apex court order said that the petitioner was directed to “surrender” himself before the PHC, and “his appeal shall be decided within one month”.
The apex court also ordered the Accountability Court to decide the reference pending against the petitioner within 30 days.
POWERS: The Supreme Court on Wednesday ruled that it had powers to proceed with criminal cases in the absence of accused, and directed its office to fix all the pending cases involving such issue.
The court had issued a notice to the Punjab advocate general asking if the court could proceed against the accused in absentia.
The point had arisen in the case of a death convict, Khuda Baksh. A trial court had awarded him death, but the high court acquitted him and got him released from the jail.
Then the Supreme Court on an appeal against the high court verdict ordered that Khuda Baksh should be arrested again, but he did not surrender. Therefore, the court was not proceeding with the case as it had been a practice that in the absence of accused appeals could not be heard.
Advocate General Shabbar Raza Rizvi argued that by keeping the matter pending, the court was giving premium to the accused, and said the court could proceed with such cases.
An identical issue was raised before the Supreme Court in Hakim Said murder case as out of the nine accused, only three are in jail and the remaining six are at large.
On Tuesday, when the appeal of the Sindh government was taken up for hearing, Sindh’s Additional Advocate General Suleman Habibullah had informed the court that the appeal could not be heard unless all the accused were arrested and lodged in jail.
Mr Habibullah said hearing in such appeals was possible if the Supreme Court order, requiring that all accused should be arrested and lodged in jail, was modified.
