| Citation(s) |
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| 2025 SLG 2183 2025 SLD 2183 = 2025 SCP 271 |
Criminal Petition No. 645-L of 2025 (Against the order dated 19.11.2024 passed by the Lahore High Court, Lahore in Cr.Misc. No. 46729-B of 2024)
Justice Yahya Afridi, CJ Justice Shakeel Ahmad Justice Ishtiaq Ibrahim
For the Petitioners : Mr. Amjad Iqbal Khan, ASC with the petitioners. For the State : Rana Abdul Majeed, Addl. P.G. Punjab Sarfraz Khan, S.I. Waqar Azeem, I.O.
Zahid Khan, etc. …Petitioners
VERSUS
The State through Prosecutor General, Punjab and another .............RESPONDENTS
Law: Criminal Procedure Code, 1898
Section: 46
Law: Constitution of Pakistan, 1973
Section: 189
Summary:
The Supreme Court dismissed a petition challenging the non-arrest of accused persons after the Lahore High Court refused pre-arrest bail. The Court expressed serious concerns over police inaction despite the dismissal of bail applications, emphasizing the legal obligation of police to promptly enforce judicial orders without delay or misconception. It clarified that filing a petition before the Supreme Court does not automatically stay an order refusing pre-arrest bail; interim protection must be explicitly granted by the Court. The Inspector General of Police (Punjab) acknowledged these principles and issued directives to ensure compliance, committing to periodic renewals of such instructions. The Court underscored that non-compliance weakens investigations, undermines judicial authority, and promotes impunity, which is unacceptable. Ultimately, since the petitioners chose not to press the matter, the petition was dismissed.
Core Points:
Dismissal of Pre-Arrest Bail by Lahore High Court (19.11.2024):
Bail was declined but police did not act to arrest accused for over six months.
Police Inaction is a Serious Concern:
Prompt enforcement of court orders is essential for criminal justice.