ZUBAIR QURESHI
Supreme Court on Tuesday set aside orders by Islamabad High Court (IHC), Sindh High Court (SHC), and district courts pertaining to the release of under trial prisoners. The five-member larger bench headed by Chief Justice of Pakistan Gulzar Ahmed however spared prisoners suffering from some physical or mental illness, or those under-trial prisoners who are 55 or older, male under-trial prisoners who have not been convicted in the past and the female and juvenile prisoners. Attorney General (AG) Khalid Masood Khan had requested the court to consider the above-mentioned categories of the prisoners for relief. The AG however recommended the apex court to not extend bails to prisoners who had been accused in “cases involving abuse/violent acts against children and women”. The Supreme Court passed the order during the hearing of a petition challenging the Islamabad High Court March 20, verdict. The petition deemed maintainable under Article 184 (3) of the Constitution, argued that the March 20 IHC order militated against the concept of trichotomy of powers since it was within the exclusive domain of the executive to frame any policy to deal with under-trial prisoners in a manner it deemed appropriate keeping in view the coronavirus emergency. “In the peculiar facts and circumstances of the case, we consider it expedient to convert this petition into one under Article 184 (3) of the Constitution and in exercise of powers vesting in the Court under Article 187 thereof set aside the impugned directions issued by the Islamabad High Court as well as High Court of Sindh; bails granted to the accused/convicts, thereunder, are re-called,” read the apex court order. The AG in his arguments before the Supreme Court on Tuesday held the apex court has been directed under Articles 184(3) and 187 of the Constitution to exercise its power in matters related to prisoners all across the country. The proposal said accused persons charged for offences under non-prohibitory clauses or under vagrancy law or offences carrying less than three years sentence may be considered for bail. He added that it should not be considered in cases involving abuse or violent acts against children and women, but persons suffering from ailments or disability should be considered. Last month, the IHC had had ordered the release of detainees in Rawalpindi’s overcrowded Adiala jail who were nominated in minor crimes. The high court had also told the Islamabad police not to make arrests in petty matters.
