PHC sets rule for arrest under second FIR

Says a person on interim bail in one case can’t be arrested on basis of second FIR sans court permission


Our Correspondent August 20, 2023
A lawyer walks past in front of the Peshawar High Court building. Photo: AFP

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LAHORE:

The Peshawar High Court (PHC) has made it mandatory for authorities to first seek a court’s permission if they want to arrest a person—who is on an interim bail in one case—on the basis of a second first information report (FIR).

The PHC inspection team member communicated this order to all the district courts via a letter.

According to the letter, if a person is nominated in only one FIR and has already been granted interim bail, then the law enforcement agencies cannot arrest him on the basis of a second FIR until and unless a court of law gives them permission for it.

The court issued this order while hearing a petition filed against the arrest of former PTI lawmaker Rangaiz Khan. PHC Chief Justice Ibrahim Khan on Aug 5 reprimanded the police for re-arresting Rangaiz from the court premises after he was granted bail.

“If the law is not followed, then there will be only rule of the jungle. If I cannot give justice to anyone, then I have no right to sit in this chair.

“I have seen for the first time that an arrest is made despite the court orders. If this happens … everyone, including the advocate general, will go home,” the CJ had said.

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