ISLAMABAD, April 21: The Supreme Court on Monday granted protective bail to an absconder, Haji Nasimur Rehman, a former MNA from Mardan, and issued notice to Prosecutor-General Accountability to explain whether an absconder could be granted bail without he first surrendering before court of law.

It is the second case of its nature in a month in which a person convicted under the NAB ordinance for non-appearance, had been provided protection from arrest by the Supreme Court.

PPP leader Benazir Bhutto, has also been convicted twice by an accountability court on the same offence and under the same provision of law, for not appearing in court to face corruption charges.

The apex court, after providing protective bail to the petitioner, issued notice to NAB to appear in court on April 23 to explain if a person convicted in absentia on charge of non-appearance in court, was entitled to bail without first surrendering to the authorities.

The SC Bench comprising Chief Justice Shaikh Riaz Ahmad, Justice Mian Mohammad Ajmal and Justice Mohammad Nawaz Abbasi, after hearing the counsel of Nasimur Rehman, former Awami National Party MNA from Mardan, granted him protective bail.

Haji Nasimur Rehman, who is facing charge of possessing wealth beyond known source of his income, was convicted by an accountability court, Peshawar under section 31 (A) of the National Accountability Bureau Ordinance 1999.

Stating reasons for his non-appearance in court, he said that he being patron of a religious organization, called Tanzeemul Ulema, had gone to Afghanistan, and neighbouring Central Asian States for preaching and was not aware of any legal proceedings against him.

Haji Rehman had filed an application before the Peshawar High Court, for the same relief, through his attorneys which was dismissed.

The courts in Pakistan rarely accept requests for bail of those who abscond from the court of law.

When Justice Mohammad Nawaz Abbasi inquired why the petitioner was not surrendering, Haji Nasimur Rehman, who was present in court, bowed before the court and removed his cap to show that he had surrendered before the court.

On April 11, the same bench of the Supreme Court had granted protective bail to an absconder, Abdul Razzak Abbasi, former Excise and Taxation Officer, Hyderabad. The period of protective bail which was originally for one week, had been extended to one month.