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Criminal Miscellaneous No.1549‑B of 1986, decided on 3rd June, 1986.

‑‑‑S.498‑‑Pre‑arrest bail‑‑Application whether maintainable‑‑Counsel for petitioner drafting petition in High Court premises‑‑Accused sitting in office of counsel‑‑Counsel informed of his office being cordoned by Police and accused was not allowed to appear before Court‑‑Petition for anticipatory bail entertained in circumstances.

Abdul Hamid Khan Jatoi v. State 1973 P Cr. L J 1032 ref.

‑‑‑S.498‑‑Pre‑arrest bail‑‑Petition for pre‑arrest bail filed‑‑Accused arrested before filing of petition‑‑Petition allowed to be withdrawn for filing petition for bail after arrest.

Ch. Khalid Mahmood, Malik Muhammad Qasim, Syed Afzal Haider, S. M. Masud and Ch. Asghar Ali for Petitioner.

Date of hearing: 2nd June, 1986.

This petition for anticipatory bail was received in the Court at 12‑25 p.m. I was then sitting in D.B. After being free from there, this petition was taken up at 1 p m. Ch. Khalid Mahmood, Advocate, one of the learned counsel spearing for the petitioner, stated that the petitioner had approached him for filing an application for grant of, pre‑arrest bail but by the time he drafted the petition, he was informed in the High Court premises that his office, where the petitioner was sitting, has been cordoned, by the police and the petitioner is not being allowed to come out to appear before the Court. He, therefore, re‑drafted the petition mentioning this fact in the petition and as it had gone late, he approached Hon'ble the Chief Justice for entrustment of the petition to some Bench for hearing today.

2. In view of the statement made by the learned counsel for the petitioner, a word was sent to the Advocate‑General to appear and assist. Mr. Tanvir Ahmad Khan, learned Additional Advocate‑General appeared.

3. Arguments were heard, whether the petition for pre‑arrest bail can be entertained, in the circumstances mentioned above. The learned Additional Advocate‑General on having gone through Abdul Hamid Khan Jatoi v . State 1973 P Cr. L J 1032, referred to by learned counsel for the petitioner, conceded that the petition may be entertained. He, however, reserved his right to oppose the petition on merits. Thereafter, he eras asked to send for the officer incharge of police contingent who had cordoned the office of Ch. Khalid Mahmood, Advocate. The ideal was to direct him to allow the petitioner to appear before the Court.

4. The learned Additional Advocate‑General informed that police contingent was not present in or around the office of Ch. Khalid Mahmood. Information was also received that the petitioner has been taken away by the police. Learned Additional Advocate‑General was thereafter asked to direct the concerned authorities to produce the petitioner by 2 p. m. Learned Additional Advocate‑General on reappearance stated. that he was not able to contact any of the‑concerned authorities before 2 p:m. and that ultimately when he succeeded to contact D.I.‑G., he was informed that the petitioner has been arrested by the police and since he has been removed to Shahdara, it may not be possible to produce him within an hour or two even.

5. It is already 2‑45 p.m. In the circumstances, I do not think it necessary to wait further. The petition is adjourned for tomorrow.

6. The learned Additional Advocate‑General has been asked to direct the police officer, who had arrested the petitioner, to produce him in Court and appear with record. .

Ch. Khalid Mahmood, S.M. Masood, Aitzaz Ahsan, Syed Afzal Haider and Ch. Asghar Ali for petitioner.

Rashid Aziz, A.‑G. assisted by Tanvir Ahmad Khan, Addl. A.‑G. and Farooq Bedar, Asstt. A.‑G. for the State.

Date of hearing: 3rd June, 1986.

Altaf Hussain petitioner has been produced in handauffs. Learned Advocate‑General states that the petitioner was arrested by the police after obtaining necessary permission from the Assistant Commissioner and in the presence of a Magistrate. He has stated that the whole proceedings of arrest were completed by 11‑35 a.m., as recorded by Sardar Ali Nawaz Gorsi, M.I. C . , Shahdara.

2. Learned counsel for 'the petitioner seeks to withdraw the petition in view of the statement made by the learned Advocate‑General that the petitioner was arrested in the presence of the Magistrate at 11‑35 a.m. States that he would advise the petitioner to move for bail after arrest. Petition stands disposed of.

3. Before concluding I cannot restrain myself from observing that the manner in which the police behaved in this case for effecting the arrest of Altaf Hussain to say least cannot be approved. The matter required further pursuit, but is being dropped, in view of the assurance given by the Advocate‑General that he will look into the matter and take up the same with the concerned authorities. He has also assured that he will see that such a thing is not repeated.

S.A. Petition disposed of.

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