Can overseas brother file habeas Karachi?
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A person named overseas brother resides in Karachi and wants to file habeas Karachi from a local prison here. What can a lawyer in Karachi do about it? Section: Karachi: Professional Advocates In my opinion, in this particular case, it’s a simple and direct filing for habeas Karachi. The basic requirement is a habeas petition in which the court orders a country’s government to release the overseas prisoner. You can write a habeas petition in Habeas Corpus on a petition
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“Sir, I am an overseas brother of a Karachi-based defendant in a criminal case (case no. 01/2018), who is living in Karachi, but was arrested here recently. He has been languishing in the police custody for over two months now, and has been accused of committing a crime while in custody. However, no proper legal procedures have been followed since his arrest, and he is unable to exercise his fundamental rights under Article 22(6) of the Constitution of Pakistan. I am
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The Supreme Court in April 2021 issued its verdict on the habeas corpus petition filed by Mohammad Tahir, who sought his release from Pakistani prison. A bench comprising Chief Justice of Pakistan (CJP) Mian Saqib Nisar and Justice Azmat Saeed set aside the death sentence for Tahir while suspending the sentence for an extended time. Tahir, who has been on death row for 14 years, asked the Supreme Court to stay the execution. The Supreme
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It’s a common scenario, when you send your friend (your brother) overseas (from Karachi, of course) for treatment. click to investigate He/she gets cured, and is ready to come back and visit family. But, while you’re away, he/she is arrested or charged with a crime or has been incarcerated. Now you are wondering how you will file habeas Karachi. Yes, if your brother is not in Pakistan and in an Islamic country, you can file habeas Karachi (Habeas Corpus Karachi
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Habeas Corpus, which means “on a person” or “by a person” in Latin, is a right of a defendant in a criminal case to go to court and ask a judge to order that his/her case be heard and decided by a superior court instead of the lower court where it is now being heard. This is because the legal system in Pakistan is so flawed and dysfunctional that most defendants in criminal cases never have a chance of having their cases heard or judged correctly. Most judges are appointed by the executive and are loyal to their political
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The answer lies in an excellent first-person experience I got from Karachi’s top expert lawyer, and a little humor in this case story. Let’s start with the question and a little history of the case. A high-profile client, overseas brother, was facing trial on charges of theft of more than a million rupees in the Karachi District Jail, Karachi. Overseas brother was a senior executive of one of the biggest construction companies in Pakistan and had been working in Karachi for the last three years.
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“Can an overseas brother file habeas Karachi? The answer is, Yes, certainly. If your brother is currently lodged in the KPK’s Jail (Hafizabad) or at a police station, and he has been accused of offenses related to ‘blasphemy’ or ‘offences against the sacredness of Prophet Muhammad (PBUH) ‘or has already been convicted for these offenses, and he has no bail in his favor, then he may be eligible to file Habeas Karachi under