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Pakistan

Immediate arrest mandatory after bail rejection, rules SC

Chief Justice Yahya Afridi writes four-page verdict

ISLAMABAD – The Supreme Court has issued a significant verdict regarding non-compliance with judicial orders, stating that immediate arrest is mandatory once pre-arrest bail is rejected.

In a four-page written judgment led by Chief Justice Yahya Afridi, the court ruled that merely filing a petition in the Supreme Court does not prevent arrest. Interim protection is not automatic and requires formal permission from the court.

According to the verdict, the bail plea of the accused Zahid Khan and others was rejected by the Lahore High Court, yet the police took no action to arrest them for six months.

The court termed this a hindrance to justice and emphasized that timely implementation of court orders is the foundation of justice.

The Supreme Court noted that the Punjab Inspector General admitted police negligence and assured the issuance of a circular to ensure compliance with court orders.

The court also ruled that a delay in arrest by police cannot be justified as an administrative convenience, as such an unlawful delay harms the justice system and undermines public trust. Even if an appeal is pending, arrest cannot be avoided unless a court specifically orders otherwise.

The court disposed of the appeal after the petitioner’s lawyer chose to withdraw the petition.  

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