Information on warrants of arrest, in particular the significance of a 'returnable date' on a warrant of arrest, and whether a warrant of arrest indicates a date on which the person to be arrested must be produced in court [PAK31168.E]

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.