7
Crl. App. No.01-2019
(R) Pervaiz Musharraf but in para-6 of the order dated 01.09.2014,
did observe that accused being a proclaimed offender loses his right
of audience and forfeits his right to put up a defence.
13.
The rights of a person fugitive from law or an absconder have
been dealt in great detail by the Hon’ble Supreme Court of Pakistan
in judgment reported as ‘Hayat Bakhsh and others Vs. The State’
(PLD 1981 Supreme Court 265) and even certain clarifications were
handed down. Reliance was placed on cases reported as ‘Chan Shah
Vs. The Crown’ (PLD 1956 FC 43) as well as ‘Muhammad Aslam Vs.
State’ (1972 SCMR 194) and it was categorically observed that said
cases need no review. The Hon’ble Supreme Court of Pakistan also
observed that fugitive from law does not enjoy any right and the
inherent jurisdiction of the Court is not to be invoked in his aid as
otherwise, same would amount to acting against administration of
justice. In the same judgment, the Hon’ble Supreme Court of
Pakistan also observed that it is the duty of the advocate/counsel
appearing on behalf of convict /absconder to ensure his presence
before the Court unless he is unable to do so for reasons beyond his
control; that the absconder be granted opportunities to appear
before the court. The Hon’ble Supreme Court of Pakistan also
discussed the rights of absconder, if any, in case reported as ‘The
State through National Accountability Bureau Islamabad Vs. Haji
Nasim ur Rehman’ (PLD 2005 Supreme Court 270). In case reported
as ‘Shah Zarin Vs. Gul Zamin and another’ (2014 YLR 1310), the
Hon’ble Peshawar High Court observed that judicial discretion could
not be exercised in favour of a person who is fugitive from law
particularly when proceedings under sections 204 & 87 Cr.P.C. had
been carried out against him. Similarly, in case reported as ‘Syed
اختر الفقرة المستهدفة3
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