Accusing someone for crime does not seize his fundamental rights in criminal administration of justice as constitutional guarantees have been incorporated through criminal laws to avail bail facility. Surprisingly, once after Judge of the Anti-Terrorism Court (ATC) Islamabad went on leave for two month – no duty judge is ready to hear bail application of people confined in jail, in absence of a notification of the High Court, empowering him to adjudicate the matters.
Terming delay in issuance of notification as derogation of fundamental right of an accused, legal fraternity has urged the people at helm of affair to issue notification immediately while assigning duties for adjudication in the ATC in order to ensure the constitutional freedoms.
Recently, Advocate High Court Abid Ali invoked jurisdiction of Islamabad High Court (IHC) on behalf of an old lady who is behind the bars in Adyla Jail but her bail application is not being entertained due to the reason that Judge of the ATC is on leave for two months and duty judge is not taking up the matter in absence of notification of name of a judge for the slot.
Abid Ali expressed judicial work of the ATC Islamabad was hampering as concerned department has not notified name of any judge to take charge for two months to adjudicate pending matters.
Appearing before the IHC Chief Justice Aamir Farooq, young lawyer Abid Ali argued as per the National Judicial Policy, 2009 the Courts of Sessions are bound to decide the bail petitions within five days saying in the case in hand petitioner is being unheard/unattended almost from 15 days.
According to facts of the case, local police has nabbed the petitioner under charges of involvement in FIR No. 33/24, under section 365-A, 109, 34 of the Pakistan Penal Code in Polic Station Humak, Islamabad. She was sent to judicial custody for the purpose of identification whereafter the proceedings of identification parade the lady accused was sent to judicial custody on March 26, 2024.
The petitioner has filed post-arrest bail application before Judge Special Court – I, Anti-Terrorism, Islamabad. It has been stated in the petition that the Presiding Officer of the ATC went on leave for two months hence the bail of petitioner was not being entertained on merits since its institution.
Abid Ali, counsel for the petitioner urged the IHC to notify name of a judge or issue directives to any other Judge of Special Court to entertain the bail petition of the petitioner and adjudicate it on merits.
