6
Crl. App. No.01-2019
notice was issued to respondents on 01.09.2020
appellant has also been declared a proclaimed
Meanwhile,
offender in NAB
Reference No.6 of 2020 vide order dated 09.09.2020 passed by
Accountability Court No.III, Islamabad.
11.
It is an admitted position that fugitive from law has no rights
before the court of law except where exceptional circumstances
exist. This Court in case reported as ‘Inam ur Rahiem Vs. Chairman,
National Accountability Bureau, Islamabad and another’ (PLD 2018
Islamabad 251) did not afford opportunity of hearing to learned
counsel appearing on behalf of General (R) Pervaiz Musharraf due to
the fact that he was fugitive from law. For sake of brevity, relevant
portion is reproduced below: “4. A learned counsel who had appeared on behalf of General
(Retd.) Pervez Musharraf requested that he may be given
audience. However, he was informed that neither could his
power of attorney be entertained nor could he be heard because
General
(Rtd.) Pervaiz Musharraf has been declared a
proclaimed offender by the competent courts of Pakistan. It is
settled law that a person who is a fugitive from the law and
who does not surrender to the process of justice is neither
entitled to any relief, nor on a power of attorney executed by
him
in favour of a counsel be accepted, except under
exceptional circumstances. Reliance is placed on Hayat Bakhsh
and others Vs. The State PLD 1981 SC 265, Chan Shah Vs. The
Crown PLD 1856 FC 43 Mohtarma Benazir Bhutto, MNA Leader
of the Opposition, Bilawal House, Karachi V.s The State Chief
Ehtesab Commission 1999 SCMR 1519 AND The State through
National Accountability Bureau, Islamabad Vs. Haji Nasim ur
Rehman PLD 2005 SC 270.
Similarly, the position was reiterated by Larger Bench of this Court in
decision dated 27.11.2019 in case titled ‘The Ministry of Interior,
Government of Pakistan through its Secretary Vs. The Special Court
through its Registrar’ (W.P. No.4075-2019).
12.
The Hon’ble Supreme Court in Civil Review Petition No.513 of
2014 did hear arguments by learned counsel appearing for General
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