Supreme Court directs law enforcers not to make any arrest within court premises


ISLAMABAD – Supreme Court of Pakistan ruled that arresting any person from the court premises would oppose the basic right of liberty, thus restricting law enforcement agencies to detain any person within court premises, especially after surrendering before court.


The apex court issued detailed verdict of the former PM’s arrest within the premises of Islamabad High Court (IHC) on May 9.

A 3-member bench of the top court, spearheaded by Chief Justice Umar Ata Bandial, issued a detailed judgment as the bench earlier declared the PTI chief’s arrest in the Al Qadir Trust case unlawful and orders his release.

In the detailed verdict, Supreme Court maintained that it treated the fundamental right of access to justice to encompass in it the right to invoke the court’s jurisdiction for appropriate relief. Assuring a person unimpeded access to the court when he/she has commenced the process of availing a judicial remedy effectively blocks preemptive executive action that attempts to curtail that person’s liberty and his/her right of access to justice.

The court ruled that warrant execution violated the petitioner’s right access to justice and the sanctity and safety of the court. It said the fundamental rights of the petitioner under Articles 4, 9, 10-A and 14 of the Constitution of Islamic Republic of Pakistan have been infringed.

SC bench, in the 22-page verdict, further mentioned that if the petitioner’s detention from IHC is endorsed, his application for pre-arrest bail filed in Al Qadir Trust Case will be rendered futile notwithstanding the fact that he surrendered before the high court and invoked its jurisdiction.

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