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March 06,2018

Axact CEO Shoaib Shaikh’s plea: Misuse of protective bail has become a habit, says CJP

Rana Masood Hussain

ISLAMABAD: The Supreme Court, while disposing of an appeal filed by Shoaib Shaikh, CEO of Axact against the Sindh High Court's decision for rejection of his bail plea and the dismissal of an FIA case under Section 262 of CrPC, directed the registrar high court to fix the case before the bench and also directed the current bench to submit detailed reasons for disposing of the appeal within a week.

A three-member bench consisting of Justice Umar Ata Bandial and Justice Ijaz ul Ahsan, headed by Chief Justice Mian Saqib Nisar, conducted hearing into the appeal filed by Shoaib Shaikh on Monday.

On behalf of Shoaib Shaikh, Anwar Mansoor, Advocate, appeared and adopted a stance that the Sindh High Court did not give reasons for rejecting the plea in its brief judgment and now a daily trial of his client is being conducted. Over this, the CJ said let the trial proceed. The lawyer said the investigative officer has filed appeal against his client, which was unjustified. Over this, the honourable chief justice said you should challenge it in the Sindh High Court. The lawyer said the high court did not listen to their arguments and rejected his client's protective bail.

Chief Justice Mian Saqib Nisar in his remarks, said it has become a habit to misuse the protective bails. In view of this, he said they may issue orders against granting of the protective bails. Over this, the honourable chief justice said that they have also started disposing of the protective bails. In a lighter vein, the chief justice said that if you want rejection of protective bail petitions of your clients file them here (with SC) leading to laughter. He said one person from Balochistan kept wandering for two months after getting protective bail. He made it clear that protective bail is not the right of any accused rather it is the discretion of the judge whether to allow it. Later, the honourable court disposed of the petition.


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