Download link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._2243_l_2019.pdf
The Court, in the case, explored the scope of jurisdiction of High Courts to grant bail, in NAB cases, in exercise of their jurisdiction under Article 199 of the Constitution, and while elaborating it observed:
“Imprisonment of a person and deprivation of his liberty, cannot be described other than being a punishment, unless no less restrictive alternative is available to ensure that the accused will stand his trial when called upon to do so. … Courts while dealing with the grant of bail and the justifiable exercise of power of arrest have to maintain a balance between two fundamental but conflicting demands of personal liberty of the accused on one hand and the investigational right of the police on the other hand, [o]r between Individual rights versus societal interests. … [T]he constitutional rights of a person can only be curtailed when there exists a proper purpose, a rational connection and necessary means, and further that proper relation between the benefit gained by realizing the proper purpose, and the harm caused to the constitutional right. … [T]his principle of proportionality is applied to achieve a balance between the benefit gained and the resultant prejudice that is caused to the rights. … Thus, any deprivation of liberty or curtailment of rights guaranteed by the constitution has to be adequately justified on the touchstone of the principle of proportionality, unreasonableness and necessity. The limitation must be for proper purpose, rational and necessary, and the prejudice caused to the constitutional rights thereby must be proportional to the benefit achieved.” (Paras 80, 88, 89, 90)
Khawaja Salman Rafique v. NAB
Download link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._2243_l_2019.pdf
Present Mr. Justice Maqbool Baqar and Mr.Justice Mazhar Alam Khan Miankhel
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