ISLAMABAD, (TLTP): The top court Tuesday set aside orders of Islamabad and Sindh High Courts and KP government about granting bails to under trial prisoners in wake of COVID-19 while issuing directives to detain all the accused persons who were released on bail except those suffering from mental disability, older than 55 years, female and juvenile inmates.
A five-member larger bench of the apex court led by Chief Justice Gulzar Ahmed passed the orders after hearing plea of Raja Muhammad Nadeem against Islamabad High Court verdict of March 20 regarding release of as many as 408 prisoners on the basis of coronavirus crisis.
During the course of proceedings, the bench accepted recommendations of Attorney General for Pakistan (AGP) in the matter that benefit of bail facility would be extended to persons otherwise suffering from ailments or physical or mental disability. The AGP also recommended to extend benefit to under trial prisoners who are 55 years of age or older and then other male prisoners provided there is no history of past convictions, to under trial prisoners including all women and juvenile. The court also accepted recommendation that the benefit shall not extend to prisoners involving abuse, violent acts against children and women.
The court said in its 11-page order that High Court had no jurisdiction to take up the issue suo motu, adding , “Argument that our overcrowded prisons could be a breeding ground for the deadly virus is beside the mark. Barring few countries with low crime rates, most prisons in the world are overcrowded”.
The bench further said in its order that an overcrowded prison, though an inconvenient abode, nonetheless, without a contaminated inmate is a safe place; instead of releasing them all, it is more expedient to screen the each after plugging the new entrants. Jail Rules laid down procedures to deal with epidemics and contiguous diseases and provides complete mechanism to deal with a situation like one in hand.
Later, adjourning the matter the bench said that larger issue of combating the pandemic shall remain pending.
