2
Crl. App. No.01-2019
matter in light of decision of this Court reported as ‘Inam ur Rahiem
Vs. Chairman, National Accountability Bureau, Islamabad and
another’
(PLD
2018
Islamabad
251).
It
was
contended
that
exceptional circumstances exist in the instant matter, as the
appellant is indisposed and as per the medical certificates appended
with the application, he is unable to travel. It was further contended
that in light of decision of Hon’ble Lahore High Court reported as
‘Muhammad Nawazish Ali Vs. Election Commission of Pakistan’
(2018 CLC 1301), an absconder retains his fundamental rights and
can agitate proceedings in the matters other than in which he has
been declared a proclaimed offender. Reliance was also placed on
cases reported as ‘Gokuee S. Arora Vs. Govt. of Pakistan’ (2018 PTD
1856), Lahore High Court Bar Association and others Vs. General
(Retd.) Pervez Musharraf and others’ (2019 SCMR 1029, ‘Malik
Shama-ud-Din Vs.
Muhammad Fayyaz and 2-others’ (2002 SCMR
1293) and ‘Ikram Ullah and others Vs. The State’ (2015 SCMR 1002).
Learned counsel pointed out that if a person is fugitive from law, he
does not lose all his rights and in this behalf, the main judgment on
the issue is ‘Hayat Bakhsh and others Vs. The State’ (PLD 1981
Supreme Court 265). Reliance was also placed on cases reported as
‘Chan Shah Vs. The Crown’ (PLD 1956 FC 43) and ‘Muhammad Aslam
Vs. State’ (1972 SCMR 194). Learned counsel took the Court through
reminders and contended that the fact that a person has been
declared a proclaimed offender, that does not absolutely debars his
appeal being heard on merits. It was contended that there is no
judgment squarely on the issue in hand but there is case law on
either side that appeal can be heard on merits or otherwise, however,
learned counsel pointed out that most of the case law by august
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات