Document #1102496
IRB – Immigration and Refugee Board of Canada (Author)
The following information was provided by
Mujeeb ur-Rahman, an advocate of the Supreme Court of Pakistan, in
an 11 February 1999 fax to the Research Directorate. Mujeeb
ur-Rahman is an independent legal practitioner who has practised
law in Pakistan since 1972. He is not affiliated with any law firm
or human rights organization. Mr. Rahman is also a scholar of
Islamic jurisprudence and a human rights activist. He has made
presentations and spoken to the IRB on several occasions in the
past.
Mr. Rahman stated that the law does not
require that any time or date be given for execution of a warrant
or its return, and as a result, warrants of arrest are usually
open-ended. However, it is common practice for the courts to
indicate a date by which a warrant should be executed and returned
to the court, and this date is known as the returnable date. The
returnable date, although not required by law, is given to monitor
the execution of the warrant. It is intended to ensure prompt
compliance and to eliminate negligence on the part of the executing
agencies.
Mr. Rahman stated that non-execution of a
warrant also must be reported and recorded. This is necessary in
case further proceedings under section 87 of the Criminal Procedure
Code (CPC) are required in terms of declaring a person an absconder
or fugitive from the law, or to initiate proceedings under CPC
section 512 for a trial in absentia. If a warrant is not executed
then the court will require the police officer to report this fact,
and initiate proceedings for proclamation or trial in absentia.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
Reference
Rahman, Mujeeb ur, Advocate, Supreme
Court of Pakistan, Rawalpindi. 11 February 1999.
Correspondence.