𝐂𝐨𝐮𝐫𝐭𝐬 𝐜𝐚𝐧𝐧𝐨𝐭 𝐃𝐞𝐜𝐥𝐢𝐧𝐞 𝐑𝐞𝐥𝐢𝐞𝐟 𝐭𝐨 𝐚 𝐅𝐮𝐠𝐢𝐭𝐢𝐯𝐞 𝐰𝐡𝐨 𝐰𝐚𝐬 𝐔𝐧𝐚𝐰𝐚𝐫𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐚𝐬𝐞 𝐅𝐢𝐥𝐞𝐝 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐇𝐢𝐦: 𝐈𝐇𝐂

𝐂𝐨𝐮𝐫𝐭𝐬 𝐜𝐚𝐧𝐧𝐨𝐭 𝐃𝐞𝐜𝐥𝐢𝐧𝐞 𝐑𝐞𝐥𝐢𝐞𝐟 𝐭𝐨 𝐚 𝐅𝐮𝐠𝐢𝐭𝐢𝐯𝐞 𝐰𝐡𝐨 𝐰𝐚𝐬 𝐔𝐧𝐚𝐰𝐚𝐫𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐂𝐚𝐬𝐞 𝐅𝐢𝐥𝐞𝐝 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐇𝐢𝐦: 𝐈𝐇𝐂

The Islamabad High Court has recently held that the trite principle of law and settled jurisprudence of our jurisdiction is that an absconder or a proclaimed offender is not entitled to any relief at the appellate forum. But there is a different scenario  where a person is declared to be a proclaimed offender but he is unaware of the case pending against him, and the state has also not absolved itself from the duty of serving him a notice. The Court raised question that whether a person can be legally denied right to approach the court in such an eventuality and can such an absconder be denied other constitutional and civil rights solely on the basis that a case has been registered against him and he is not appearing.

The Court by majority held that an absconder, who has been declared so by the court and he is not aware of the cases against him and notice has also not been served on him, should be differentiated from the conventional absconder who is said to be the one who has been convicted by a court and he has absconded from the process law at the time of appeal. The former is a different absconder from the later and thus the law must deal him differently.

The Court further held that fundamental rights must not be curtailed easily and an liberal approach of interpretation must be adopted while expounding the fundamental rights.

The Court allowed the petition, directed the Federation to remove the petitioner’s name from PCL and allowed him to come to Pakistan to pursue the cases registered against him.

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