F.P. Report
ISLAMABAD: Supreme Court (SC) Tuesday voided the Islamabad High Court (IHC) and Sindh High Court (SHC) judgments pertaining to the release of under trial prisoners (UTPs).
The apex court passed the order during the hearing of a petition challenging the IHC verdict regarding release of under trial prisoners.
A 10-page judgment authored by Justice Qazi Muhammad Amin Ahmed said, “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, there under, are re-called,” read the apex court order.
“The 519 under-trial prisoners released by the Sindh High Court should be re-arrested,” the apex court announced.
The SC also canceled bails granted to those incarcerated for serious crimes.
A five-judge larger bench, headed by Chief Justice of Pakistan Gulzar Ahmed and comprised Justic Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed, however, accepted Attorney General of Pakistan (AGP) Khalid Jawed Khan’s recommendations regarding the release of prisoners.
The AGP proposed to the apex court to release the prisoners accused of minor crimes, in the wake of the coronavirus outbreak.
The AGP said the apex court had been directed to exercise its power under Articles 184(3) and 187 of the Constitution, 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. AGP Khan said bail should be considered in the case of UTPs who were 55-year-old or older, provided there was no history of past convictions, adding that it should also be extended to all women and juvenile UTPs. He further proposed that bail in these cases may be extended on personal bonds. “Some categories of convicted persons may be considered for release by the provincial governments under Section 401 Code of Criminal Procedure (CrPC).”
He further said convicts who had completed their sentences but were in jail due to non-payment of fine/monetary penalties and women/juvenile convicts who had served 75 per cent of their sentence and had no history of past convictions could be released.
In addition, convicts whose remaining term in jail was six months or less – provided that the offence was not abuse against women or children – and women/juveniles who were sentenced to a term of one y-ear or less, may also be released on bail.
