In a groundbreaking ruling, the Supreme Court of Pakistan has emphasized that the denial of bail relief in criminal cases requires clear evidence that the accused or their counsel deliberately aimed to obstruct the trial through unnecessary adjournments or irrelevant applications. The court underscored that the right to bail, as outlined in Section 497 of the Code of Criminal Procedure, is not just statutory but firmly rooted in constitutional guarantees under Articles 4, 9, and 10A.
Justice Syed Mansoor Ali Shah, part of the bench that granted post-arrest bail to an accused facing charges under the Prevention of Electronic Crimes Act, stressed that accused individuals enjoy the protection of law and constitutional rights, including the right to a fair trial. The court highlighted that an accused, presumed innocent until proven guilty, cannot be subjected to indefinite pre-trial detention unless compelling material demonstrates their active involvement in delaying proceedings.
The specific case involved an accused charged with disseminating blasphemous content. The Lahore High Court had stayed trial proceedings, prompting the accused to seek bail from the Supreme Court. The ruling emphasized that the prosecution must present clear evidence of intentional efforts by the accused or their counsel to prolong the trial, linking this to the broader principles outlined in the Constitution.
The Supreme Court’s order further directed high courts to exercise caution when ordering stays or suspending criminal trial proceedings, emphasizing the need for expeditious case disposal after granting injunctive relief. The order, dispatched to the Lahore High Court, aims to enhance the administration of criminal justice, ensuring timely justice delivery without compromising the accused’s rights.
