Pakistan: Anticipatory bail, or bail before arrest; the authority in law for someone to be granted anticipatory bail; the process, procedure and requirements for someone to secure anticipatory bail; and the prevalence of anticipatory bail
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 27 March 2003 |
| Citation / Document Symbol | PAK40812.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Pakistan: Anticipatory bail, or bail before arrest; the authority in law for someone to be granted anticipatory bail; the process, procedure and requirements for someone to secure anticipatory bail; and the prevalence of anticipatory bail , 27 March 2003, PAK40812.E , available at: https://www.refworld.org/docid/3f7d4ded7.html [accessed 4 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Bail in Pakistan is mandated under Sections 496-502 of the Pakistan Code of Criminal Procedure (Pakistan 2001). While the wording of the Sections does not specifically address the concept of anticipatory bail, the extensive "Comments" make numerous references to decisions involving the granting of anticipatory bail, pre-arrest bail and bail before arrest (ibid.). Of particular interest is the following comment:
Pre-arrest bail. Requirements. Accused in order to justify the grant of anticipatory bail must show apprehension of his arrest due to prosecution being maliciously motivated to cause irreparable injury to his reputation and liberty or on account of the police being motivated for political consideration or other ulterior reasons (ibid., 640-641).
Although no reference could be found to its prevalence, numerous media articles refer to the granting of anticipatory bail, or bail before arrest (Dawn 17 Sept. 2002; ibid. 15 Oct. 2002; ibid. 21 May 2002; ibid. 24 Apr. 2002; ibid. 27 Oct. 2001; ibid. 6 Oct. 2001; ibid. 14 Sept. 2001; ibid. 26 Aug. 2001; ibid. 7 Sept. 2000; ibid. 7 June 2000; The News International 14 Jan. 2003).
In the most recent report, the accused, suspected of illegally siphoning off oil from a pipeline, was granted pre-arrest bail against a solvent surety of 100,000 rupees [CDN $2,557.00 (Bank of Canada 18 Mar. 2003)] and a personal bond for the same amount (The News International 14 Jan. 2003). During the bail plea, the applicant's counsel maintained that the applicant had not been named in the First Information Report (FIR) and also that he would be "humiliated" in case of an arrest (ibid.).
In another instance, 15 members of the Pakistan Muslim League Nawaz group (PML [N]), who were accused of "instigating public sentiments against the government and threatening public peace and 'waging war against Pakistan'," were granted bail before arrest by an Islamabad District and Sessions Judge (Dawn 21 May 2002). Their defence argued that the allegations had nothing to do with law enforcement, but were instead motivated by "sheer political victimization" (ibid.).
The additional media articles involving the granting of anticipatory bail involve a diverse array of cases and include: two Pakistan People's Party (PPP) workers involved in a murder case (ibid. 17 Sept. 2002); a woman councillor accused of harassing a man (ibid. 15. Oct. 2002); two cases of custodial death (ibid. 24 Apr. 2002; ibid. 6 Oct. 2001); and a Union Council Nazim accused of submitting forged election documents (ibid. 27 Oct. 2001).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Bank of Canada. 18 March 2003. Currency Converter. Dawn [Karachi]. 15 October 2002. "Four Lashkar Men to Be Arraigned on 18th." _____. 17 September 2002. " Karachi: Two PPP Candidates Granted Bail." _____. 21 May 2002. "Bail Before Arrest Confirmed." _____. 24 April 2002. "Hyderabad: Awan Granted Pre-Arrest Bail." _____. 27 October 2001. "Karachi: UC Nazim Gets Bail in Forgery Case." _____. 6 October 2001. "Karachi: DSP Gets Pre-Arrest Bail in Custodial Death Case." _____. 14 September 2001. "Shia Leaders Get Bail." _____. 26 August 2001. "Order Reserved on Benazir's Plea." _____. 7 September 2000. "Karachi: Robber Gets Five-Year Jail." _____. 7 June 2000. Arman Sabir. "Karachi: Eighth Victim of Clifton Road Accident Dies." The News International [Karachi]. 14 January 2003. "Bail Granted in Oil Theft Case." Pakistan. 2001. The Code of Criminal Procedure (Act V of 1898). Fakhar-ud-Din Siddiqui. Lahore: Punjab Law House.
Additional Sources Consulted
IRB databases
Internet sites, including:
BBC
Dawn Wire Service The Nation
The News International
Pakistan News Service
World News Connection
Search engine:
Google
