ISLAMABAD: The Supreme Court on Thursday took exception to the Lahore High Court’s tendency to grant “blanket bail orders”, and sought assistance on the legal sanctity attached to orders the barring arrest of an individual, even in cases that were not known at the time.

“Grant[ing] of such blanket orders is like issuing license to commit crimes,” observed Justice Sardar Tariq Masood while heading a three-judge Supreme Court bench that had taken up a challenge by Qaisara Elahi – the wife of former Punjab chief minister Pervez Elahi.

The petitioner had approached the Supreme Court to assail the Lahore High Court (LHC) order to dispose of a habeas corpus petition.

Before postponing for further hearing, the apex court asked senior counsel Sardar Latif Khosa to assist it by identifying the legal status of blind orders, even on unknown FIRs, and what the scope of such orders would be with regard to habeas corpus petitions.

“We are at a loss to understand what our high courts are doing,” regretted Justice Sardar Masood, adding that blanket bail orders were awarded even before the registration of the case.

Under what law are such blanket orders issued, Justice Sardar Masood asked, wondering if such orders could also prevent police from arresting an individual if they commit homicide, merely on the grounds that the high court had given them blanket bail with a direction not to arrest them in any other case.

The counsel regretted how his client was arrested the moment the high court granted him bail, saying that it was becoming a joke and Mr Elahi was being “picked up like a sack”.

Justice Musarrat Hilali, another member of the bench, wondered what law such blanket orders were being issued under. Instead of getting sentimental, the counsel should advance arguments on legal grounds, suggested Justice Syed Mansoor Ali Shah.

When the counsel equated the prevailing situation in the country with that of India-held Kashmir, Justice Masood suggested he not draw parallels with the occupied valley, which occupied by the Indian military.

The counsel also recalled how the Supreme Court had declared the arrest of PTI chief Imran Khan from within the premises of the high court illegal, saying that if the court considers the current case infructous, then it should dispose of it, saying that this should be considered the destiny of Pakistan.

Published in Dawn, October 6th, 2023