A government official quoted by a local media outlet said the decision should have been taken after listening to all parties. “The high court is not empowered to take suo motu notice on any issue under Article 199 of the Constitution,” he added
The official wondered why other superior courts had not taken a similar decision for the prisoners detained in other parts of country if the IHC order was appropriate.
As per the official, it was discriminatory that an accused who has allegedly committed an offence in Islamabad Capital Territory receives bail but detainees who were facing similar charges were still behind bars in the rest of the country.
He also feared that a security issue might arise in the federal capital after the release of over 400 prisoners.
‘IHC CARES FOR CITIZENS’
The superior bars are appreciating the IHC directives regarding the release of UTPs on bail.
“It seems that the only judge performing his duty in the dispensation of justice as well as protection of citizens’ rights in the country is Justice Athar Minallah,” Pakistan Bar Council Vice Chairman Abid Saqi said in a written statement.
Saqi “welcomed, appreciated and acknowledged the meritorious and highly laudable judicial intervention by Justice Minallah pertaining to prisoners’ rights”.
“The IHC CJ’s order to conditionally release 408 prisoners from Adiala Jail and grant bail to prisoners who are facing trial for minor crimes in a bid to avoid the risk of COVID-19 is really an exemplary judicial decision/intervention which needs to be followed by other superior courts of the country,” he added.
