Petition against Elahi’s arrest: SC asks which law prevents arrest of an accused

A court in Islamabad had issued the order that the accused would be arrested only after approval of the court

By APP

October 06, 2023

An outside view of the Supreme Court building. — AFP/File

ISLAMABAD: The Supreme Court, while hearing a petition against the arrest of former chief minister Punjab Chaudhry Pervaiz Elahi, questioned on Thursday where does the law mention that an accused should not be arrested in any case.

A three-member SC bench, headed by Justice Sardar Tariq Masood, heard the case. Justice Tariq remarked that judges had taken oath for the protection of law. He asked if the police should seek permission first for arresting an accused.

A court in Islamabad had issued the order that the accused would be arrested only after approval of the court. The SC bench remarked whether the courts were giving license to accused to commit crimes.

Sardar Latif Khosa, counsel for Elahi, stated that it was also ridiculous that a person was arrested again and again after being released.

Justice Sardar Tariq asked what the law said about it. The lawyer prayed to the court to grant some time for case preparation, which was accepted by the bench. The apex court then adjourned the hearing for an indefinite period of time.

Separately, an accountability court in Lahore initiated the process of declaring Moonis Elahi, the son of former Punjab chief minister Pervaiz Elahi, a proclaimed offender. The court ordered publication of a proclamation in newspapers for the appearance of Moonis Elahi. Accountability Court Judge Naseem Ahmad Virk passed the orders on an application filed by the National Accountability Bureau (NAB).

Earlier, during the proceedings, NAB presented a report about the arrest warrants of Moonis Elahi. The NAB said the court had issued non-bailable arrest warrants for Moonis Elahi on September 26, but it failed to arrest him despite efforts.

It submitted that Moonis Elahi had gone underground to avoid arrest and requested initiating proceedings to declare him a proclaimed offender.

NAB is probing a case against Elahi and his son Moonis Elahi for receiving Rs1 billion kickback in more than 200 development projects in the Gujrat district.