𝐀𝐧 𝐀𝐜𝐜𝐮𝐬𝐞𝐝, 𝐰𝐡𝐨 𝐢𝐬 𝐨𝐧 𝐁𝐚𝐢𝐥, 𝐜𝐚𝐧𝐧𝐨𝐭 𝐛𝐞 𝐑𝐞𝐚𝐫𝐫𝐞𝐬𝐭𝐞𝐝 𝐛𝐲 𝐀𝐝𝐝𝐢𝐧𝐠 𝐀𝐝𝐝𝐢𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐡𝐚𝐫𝐠𝐞𝐬 𝐰𝐢𝐭𝐡𝐨𝐮𝐭 𝐂𝐚𝐧𝐜𝐞𝐥𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐫𝐞𝐯𝐢𝐨𝐮𝐬 𝐁𝐚𝐢𝐥 𝐅𝐢𝐫𝐬𝐭. 𝐋𝐇𝐂

𝐀𝐧 𝐀𝐜𝐜𝐮𝐬𝐞𝐝, 𝐰𝐡𝐨 𝐢𝐬 𝐨𝐧 𝐁𝐚𝐢𝐥, 𝐜𝐚𝐧𝐧𝐨𝐭 𝐛𝐞 𝐑𝐞𝐚𝐫𝐫𝐞𝐬𝐭𝐞𝐝 𝐛𝐲 𝐀𝐝𝐝𝐢𝐧𝐠 𝐀𝐝𝐝𝐢𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐡𝐚𝐫𝐠𝐞𝐬 𝐰𝐢𝐭𝐡𝐨𝐮𝐭 𝐂𝐚𝐧𝐜𝐞𝐥𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐫𝐞𝐯𝐢𝐨𝐮𝐬 𝐁𝐚𝐢𝐥 𝐅𝐢𝐫𝐬𝐭. 𝐋𝐇𝐂

Justice Ali Zia Bajwa of the Lahore High Court has given a significant ruling on the question as to how an accused, who is on bail, can be rearrested. Whether a police officer is empowered to rearrest an on-bail accused by merely adding additional charges. This was the precise sub-judice matter before the Lahore High Court in a case in which the accused was on bail but was rearrested by the police by adding additional offences into his guilt.

The Court showed utmost anger over the conduct of the police officer who rearrested the accused as  the Court regarded the rearrest of the accused as defeat and disregard  of the court order in bail application. The Court referred to Rule 26.21(6) of The Punjab Police Rules, 1934, and held that it is very explicit in meaning which says that no police officer can rearrest an accused who is on bail without first seeking the cancellation of the bail previously granted. In the case of rearrest the burden shifts on the prosecution to approach the court and plead for the rearrest of the accused. It is not upon the accused to knock the door of the court to avoid rearrest in case additional charges are added by the police. The prosecution has to show why they need to rearrest the accused.

The Court also referred to Article 9 of the Constitution holding that once it has been concluded that an on-bail accused cannot be rearrested without cancellation of the previous bail first, it now becomes matter of life and liberty of a citizen protected under the said Article. No one can be deprived of his life and liberty except in accordance with law, and in the case at bar it was held that rearrest without court order amounts to deprivation a citizen of his liberty in contravention of law.

The Court also took notice of the fact that if the police are allowed to and empowered to rearrest an on-bail accused without court order, this would not only undermine the judicial power but it would also defeat the purpose of the court order i.e. bail to the accused. This will impede the administration of justice and disregard the court order which cannot be done otherwise.   This practice might tarnish the image of the judiciary, pierce the independence of the judiciary and erode the confidence of the general public into it.

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