PHC annoyed over re-arrest of accused after bail

PESHAWAR: The Peshawar High Court (PHC) Chief Justice Ishtiaq Ibrahim on Monday expressed annoyance over the re-arrest of the accused after being released on bail and summoned Chief Minister Ali Amin Gandapur to the court.

During the hearing of a case, the chief justice remarked that arresting individuals outside jail after being granted bail was a violation of court orders. He noted that this was not an isolated case, as several such incidents had happened, where the court had released the accused on bail but they were rearrested outside the jails.

The petition was filed by Ajmer Gul whose son was re-arrested by the Counter-Terrorism Department (CTD) after being granted bail. His lawyer, Muhammad Siraj, produced video evidence showing CTD officers picking up Ajmer Gul’s son outside the Peshawar Central Prison.

The chief justice questioned the legality of such actions. The chief minister appeared in court along with Additional Chief Secretary Abid Majeed and KP Advocate General Shah Faisal Utmankhel.

Addressing the chief minister, the chief justice questioned the frequent re-arrests of individuals who had been granted bail. He said the court had ruled in the Asad Qaiser Case that individuals cannot be re-arrested after being granted bail unless new charges were framed.

Complying with the court orders, Gandapur appeared before the chief justice. He expressed his disapproval of these re-arrests, stating that both he and his party had also been affected by such actions.

The chief minister informed the court that amendments were being made to the Police Act to prevent the misuse of power in such cases. “We are working on reforms to address these issues, and we have formed a committee to look into such matters,” Gandapur said. He added the government was committed to ensuring that arrests were carried out by the law and requested the court to appoint a focal person to facilitate cooperation on the reforms.

The chief justice said if the government wished to challenge bail decisions, it should do so through proper legal channels. “If you want to cancel someone’s bail, come to the court and present your case. Arrests cannot be made arbitrarily,” he remarked. The court gave the provincial government two weeks to present a report on the progress of the proposed reforms and adjourned the hearing until October 21.