SC okays pre-arrest bail for drug-peddling accused

ISLAMABAD: The Supreme Court on Thursday approved the post-arrest bail application of an accused involved in the ice drug peddling.

A three-member bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan accepted the post-arrest bail of accused Obaidullah in view of past decisions of the court.

During the course of hearing, Justice Mansoor Ali Shah remarked that the accused involved in drug trade is not entitled to bail but to punishment, adding that drugs are a scourge for society and are rapidly spreading in educational institutions as well.

The judge observed that as per record, there were 14 cases against the accused and asked the counsel as to how the court can give bail to the accused in a drug case.

Ghulam Sajjad Gopang, counsel for the accused, cited criminal cases registered against former prime minister Imran Khan and bails granted to him.

He submitted if the Imran Khan can get bail in a case of a terrible punishment like death penalty, his client can also get bail in a case of lesser charges like drug dealing.

The counsel submitted that under Article 25 of the Constitution, his client Obaidullah and former chairman of Pakistan Tehreek-e-Insaf Imran Khan are equal citizens, therefore, both should be equally treated in accordance with law.

“What is the relation of Imran Khan with the bail case of your client”, Justice Mansoor Ali Shah asked the counsel for the accused. The counsel, however, replied that despite more than 200 criminal cases against the accused Imran Khan, the Supreme Court has decided a “terrible case like the Cipher case” in which the punishment for being found guilty is death. The counsel contended that at the time of bail in the cipher case, the accused, Imran Khan, was convicted in four criminal cases hence his client is equally entitled to bail.

Justice Mansoor Ali Shah, however, observed that the nature of the cases registered against Imran Khan and his client is different

“What is the comparison with these cases”, Justice Shah asked the counsel to which the counsel submitted that cases have been registered against the accused, Imran Khan under the section of the Anti-Terrorism Act, while in the cipher case, if the crime is proved, the death penalty can also be imposed.

Imran Khan gets mutton in meal in jail while my client does not have any such facility, so he is more entitled to bail”, the counsel submitted.

Mansoor Ali Shah then asked the counsel for the accused to cite the references of the judicial decisions in this regard.

Later, the court agreed with the references of the judicial decisions, given by the counsel for the accused and accepted the bail application of the accused, Obaidullah.