PESHAWAR: The Peshawar High Court has directed district and sessions judges in the province to ensure that nominees in a case are not arrested by the police and other departments after they’re granted interim bail by a court of law.

The directions were issued by PHC Inspection Team member Mohammad Zeb Khan in separate letters issued to the province’s all district and sessions judges and zila qazis along with the Aug 4 judgement by Chief Justice Mohammad Ibrahim Khan in a case related to former PTI lawmaker Rangez Ahmad, who was arrested by the anti-corruption establishment (ACE) soon after he was granted interim pre-arrest bail by the court.

“It shall be loud and clear to the police department as well as the prosecution agencies of other departments that once an accused is on liberty by an order of the court for the grant of ad interim bail, his arrest shall not be effected in any other criminal case unless permission is sought from the court granting ad interim order,” the court had declared in its Aug 4 judgement.

The police and ACE recently arrested people in new cases after the courts granted them either interim pre-arrest bail or regular post-arrest bail.

Declares nominee in a case shouldn’t be held after getting interim bail

The cases of central PTI leader and former minister of state Ali Mohammad Khan and former provincial minister Shakeel Ahmad surfaced as they’re re-arrested multiple times after getting bails from the relevant courts of law.

Similarly, several people were held in new cases after the court granted them interim pre-arrest bail in a case.

On Aug 4, a bench consisting of Justice Ijaz Anwar granted interim pre-arrest bail to former National Assembly Speaker Asad Qaiser, his brother and former MNA, Aqibullah Khan, and former MPA Rangez Ahmad in a case registered by the ACE on June 2 in Swabi district.

However, Rangez was whisked away by the personnel of the ACE as he was leaving the high court’s premises.

PHC Chief Justice Mohammad Ibrahim Khan had taken its notice and ordered the production of the detainee in the court the same day.

The detainee was taken to the court at around 5:10pm by the ACE personnel, who insisted that the arrest was made in connection with another case registered a day ago.

While issuing orders for his release, the chief justice reprimanded ACE investigation officer Mohammad Naeem and warned him against repeating that act.

While the bench intended to initiate contempt proceedings against the officer, he tendered an unconditional apology and promised on oath that he won’t repeat the illegal act in future.

The chief justice told the police and other law-enforcement agencies that he would protect the sanctity of the court at all costs.

“If such things are allowed to happen, the system will collapse and there will be the rule of the jungle,” he observed, adding that he was responsible for protecting the rights of every citizen.

Published in Dawn, August 20th, 2023