Held illegally: PHC releases detainee on bail

Jamal is wanted by the UAE for breach of employer’s trust

PESHAWAR:

The Peshawar High Court (PHC) has released Khalid Jamal, who was kept in confinement for around eight months in Mardan, on bail. The detainee is wanted by the United Arab Emirates (UAE) government on charges of breaching employer’s trust.

The bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Roohul Amin ordered the release of the accused against a surety bond of Rs0.5 million.

The court was informed by Additional Attorney General (AAG) Syed Attique Shah that legal procedures were not followed in his detention. Shah said Pakistan has no extradition agreement with the UAE government.

When a requisition is made under Section 6 of the Extradition Act 1972, for the surrender of a fugitive, the federal government may issue an order to enquire into the case to any magistrate of the first class who has the authority to enquire into the extradition offence if it had been committed within the limits of the jurisdiction, says Section 7 of the Extradition Act 1972 referred by Shah. He added the offence Jamal was accused of was breach of employer’s trust; legal formalities have not been completed in the arrest or the investigation.

Liaquat Ali Khan, counsel for the accused, said his client was a driver in Dubai and was accused of breaching employer’s trust when he came to Pakistan.

Khan argued the host country is required to hand over the fugitive within two months to the country that wants him but it has been eight months since his client was arrested by Mardan police and detained illegally by the Federal Investigation Agency (FIA).

After hearing the arguments, the court ordered Jamal’s release.

Published in The Express Tribune, November 8^th, 2014.