Arrest

2023 PCrLJ 305 ISLAMABAD Judicial Precedent

Ss. 60, 61 & 167ArrestTransitory remand

Petitioner was aggrieved of his arrest by police in place "ICT" on the basis of FIR registered at place "M" and grant of transitory remand

Validity

In order to safeguard interest of a person so arrested, police officer under S. 60, Cr.P.C. without unnecessary delay was to present a person arrested before Magistrate having jurisdiction in the case or before office incharge of a police station

No person under S. 61, Cr.P.C. could be detained by police officer who was arrested without warrant for a period longer, under all circumstance of the case was reasonable and in absence of the order of Magistrate under S. 167, Cr.P.C. for more than twenty four hours exclusive of the time necessary for the journey from place of arrest to Court of Magistrate

Competent Magistrate in the case or incharge of police station was of place "M", arresting officer of Police Station at place "M" presented petitioner before Magistrate within whose jurisdiction petitioner was arrested on 5.7.2022 with the plea that transitory remand was granted which accordingly was done vide order dated 06-07-2022

Petitioner was presented within 24-hours and there was no violation of laws

Order granting transitory remand also met the requirement of relevant laws

High Court declined to interfere as petitioner failed to point out any illegality or transgression in jurisdiction of Magistrate

Constitutional petition was dismissed, in circumstances.

2022 PLD 440 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 18 (e)ArrestScope

Arrest under S.18(e) of National Accountability Ordinance, 1999, is for the purposes of an inquiry or investigation and can be of "any person" including accused.

2022 PLD 440 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 24 (a)ArrestWords "if not already arrested, shall be arrested"Pre-conditionsProvision of S.24(a) of National Accountability Ordinance, 1999, deals only with arrest of "accused"

Words "if not already arrested, shall be arrested" denote that arrest envisaged under S. 24(a) of National Accountability Ordinance, 1999 is at that stage of inquiry or investigation when Chairman NAB forms opinion that custody of accused is now necessary for completing inquiry/investigation, or that there is sufficient evidence to tie accused to a non-bailable offence

Provision of S.24(a) of National Accountability Ordinance, 1999, is also testament of the intent that it is not mandatory to arrest a person straightaway solely because he is accused of a non-bailable offence.

2022 PLD 440 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 24(c)Criminal Procedure Code (V of 1898), S. 170ArrestCustody, forwarding to CourtScope

Arrest, under S.24(c) of National Accountability Ordinance, 1999, is to take and forward custody of accused to Accountability Court for the purposes of taking cognizance of offence which is akin to procedure in S.170, Cr.P.C.

2021 CLD 906 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 10ArrestPre-condition

Implied right guaranteed by Art. 10 of the Constitution is that grounds of arrest must exist before arrest takes place.

2021 PLD 296 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 59 & 73Official Secrets Act (XIX of 1923), Ss. 2(1)(d), 2(8), 11 & 12Criminal Procedure Code (V of 1898), S. 549Constitution of Pakistan, Art. 199Constitutional petitionMaintainabilityHabeas Corpus, writ ofCivil offenceArrestDelivery to military authorities

Petitioner sought recovery of his father who was retired army officer and was allegedly abducted by Military Authorities

Plea raised by authorities was that the detenu was taken into custody under Official Secrets Act, 1923 and jurisdiction of High Court was barred under Art.199(3) of the Constitution

Validity

Arrest of father of petitioner was in negation of provisions of Official Secrets Act, 1923

High Court observed that if detenu was an accused of offences under Official Secrets Act, 1923, authorities should have resorted to the provisions contemplated in Official Secrets Act, 1923 and then to S.549, Cr.P.C. seeking his delivery to Military Authorities to be tried by Court Martial

Prohibition contained in Art.199(3) of the Constitution, was with regard to making an order on application made by a person, who was member of Armed Forces of Pakistan or who was for the time being subject to any law relating to any of those Forces, in respect of his terms and condition of service, in respect of any matter arising out of his service or in respect to any action taken in relation to him as a member of Armed Forces of Pakistan or as a person subject to such law

Tribunal established under Art. 199(5) of the Constitution of Pakistan, pertaining to law relating to Armed Forces Pakistan was not included in term 'person' to whom a direction could be issued under Art. 199 of the Constitution

Provisions of S.59(4) of Pakistan Army Act, 1952, made it clear that jurisdiction of High Court under Art. 199 of the Constitution was barred in respect of a person mentioned therein

Civilian who was otherwise not subject to Pakistan Army Act, 1952, could become so subject, if he was 'accused' of an offence under S.2(1)(d) of Pakistan Army Act, 1952

Whenever order/action assailed was without jurisdiction, mala fide or coram non-judice, bar under Art. 199(3) of the Constitution was not attracted

Action of Army Authorities taking father of petitioner into custody was not only without lawful jurisdiction but was tainted with mala fide

High Court declared detention of father of petitioner as illegal, unlawful and set the detenu at liberty

Constitutional petition was allowed, in circumstances.

2018 PCrLJ 1694 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 24ArrestScopeFiling of referenceEffect

Chairman NAB becomes functus officio after the reference is filed and has no longer power of arrest, except in respect of persons for whom he has already issued an arrest warrants prior to filing of reference which remains unexecuted or in respect of persons for whom he is inquiring/investigating with a view to filing a supplementary reference.

2017 PCrLJ 96 PESHAWAR-HIGH-COURT Judicial Precedent

Ss. 54, 154, 156 & 157ArrestPrinciple

Law vests an absolute discretion in a police officer, under S. 54, Cr.P.C., to arrest a person accused of commission of cognizable offence without a warrant or conversely dispense with arrest of such person which in any case, is not an essential prerequisite for conduct of investigation into a cognizable case under S.156, Cr.P.C. or into a case where cognizable offence is only suspected under S. 157, Cr.P.C.

2017 PLD 243 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 18 & 24Criminal Procedure Code (V of 1898), S.54Constitution of Pakistan, Art.10ArrestStagesLiberty of citizenConstitutional mandate

Arrest of accused required under National Accountability Ordinance, 1999, can be made at three different stages in terms of proceedings: First stage is that if after receipt of any information as provided under S.18(b) of National Accountability Ordinance, 1999, Chairman NAB forms an opinion that reasonable complaint has been made or credible information has been received or reasonable suspicion exists that accused is involved in case cognizable under National Accountability Ordinance, 1999, then he may arrest accused person, provided that there is some inquiry or investigation, duly authorized by competent authority is pending against accused under National Accountability Ordinance, 1999, second stage of arrest is provided under S.18(e) of National Accountability Ordinance, 1999, where, Chairman NAB can make arrest of accused if conditions as mentioned in S.54, Cr.P.C. are fulfilled or if investigating officer conducting such inquiry or investigation requests for permission to arrest accused, then he can grant such permission of arrest of accused, however after examining grounds/reasons and incriminating material produced by investigating officer which may justify such permission of arrest and third stage is visualized under S.24(a) of National Accountability Ordinance, 1999, under which, if accused is neither arrested by Chairman NAB initially nor as provided under S.18(e) of National Accountability Ordinance, 1999, then Chairman NAB can direct that such accused person may be arrested, however before making arrest or issuing warrants of arrest or awarding permission to any investigating officer to arrest accused, Chairman NAB is required under law to first satisfy himself as to whether there is any tangible evidence or incriminating material available against accused connecting him with alleged offence cognizable under National Accountability Ordinance, 1999, and the conditions as detailed in S.54, Cr.P.C. are fulfilled

If Chairman NAB forms an opinion on the material placed before him, only then he can make arrest or permit investigating officer to make arrest of accused, otherwise an accused cannot be arrested on the basis of mere allegations or suspicion, in absence of sufficient incriminating material or evidence available with NAB authorities

Authority vested in Chairman NAB, to arrest accused at any stage of inquiry and investigation is neither absolute nor gives Chairman NAB unfettered powers to deprive a citizen of his inviolable right to liberty, which is to be safeguarded jealously, keeping in view the constitutional mandate under Art.10 of the Constitution.

2014 YLR 2152 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 156Investigation into cognizable offencePerson part of investigationArrestScope

Police was competent to investigate every allegation of a cognizable offence in terms of S. 156, Cr.P.C., however a person named in it could not be arrested unless some tangible and reliable evidence was found, which showed his nexus with the commission of the offence.

2012 SCMR 101 SUPREME-COURT Judicial Precedent

Ss. 54 & 154Penal Code (XLV of 1860), S. 302Cognizable offenceArrestAdministration of justiceAccused was involved in a murder case and as he was an influential person, therefore, he was not arrested by police

After the occurrence, accused had been elected as Naib Nazim of a Union Council and was discharging his functions in the capacity of elected representative but the authorities knowing well about the involvement of accused in the murder case, failed to cause his arrest

Supreme Court was informed that those officers who had shown their reluctance to cause arrest of accused had been proceeded against departmentally

Effect

Supreme Court had shown its satisfaction that under the command of Regional Police Officer, all necessary steps were taken by the police for causing arrest of the accused and police had succeeded in arresting him as per the report placed on record along with remand letter

Legal course was required to be followed by all functionaries notwithstanding that what would be the position or status of wrongdoer and no one was to be considered above the law

Accused having been arrested, the law would take its own course

Application was disposed of.

2010 CLD 660 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 4(4)Delinquent vessel being under-arrestKnowledge ofStatutory lien

Owner, despite having learnt that vessel was under arrest during the period of purported provisional patentee had over six months time to avoid the sale, or compel the beneficial owner to clear all the liabilities, did not do the same

Validity

Once the owner had chosen to contest the matter without seeking discharge of claim by the owner during whose term of beneficial ownership, cause of action accrued and commenced, statutory lien clinched the vessel, such lien prima facie would be inherited by the successive owner, who despite notice had chosen to obtain final patente registration after confirmation of arrest.

1963 PLD 109 SUPREME-COURT Judicial Precedent

Arrest Arrest- (How made)-Merely shouting by Police Officer "I arrest you all" (a crowd of 53) without "touching" anyone's person-Not enough to establish that crowd had been arrested.

1956 PLD 264 FEDERAL-COURT-OF-PAKISTAN Judicial Precedent

Arrest -Ejected in unauthorised manner-Jurisdiction of tribunal. trying person arrested, generally not affected.