–CJP says ‘authorities should not exercise powers beyond their limits’
–Says release of prisoners involved in serious crimes cannot be allowed because of coronavirus scare
ISLAMABAD: The Supreme Court (SC) on Monday restricted high courts from passing any orders regarding the release of under-trial prisoners (UTPs) amid the coronavirus outbreak in the country.
A five-member larger bench of the apex court headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Umar Ata Bandial, Justice Mazhar Alam Khan Mainkhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed heard the petition against the March 20 order passed by the Islamabad High Court (IHC).
During the course of the proceedings, the attorney general for Pakistan (AGP), Supreme Court Bar Association (SCBA) president, Peshawar High Court Bar Association (PHCBA) president and vice chairman of Pakistan Bar Council (PBC) appeared before the court.
The court issued notices to Islamabad Capital Territory (ICT) Advocate General Niaz Ullah Khan Niazi, Additional Attorney General Tariq Mehmood Khokhar, ICT Chief Commissioner Amer Ali Ahmed, ICT Deputy Commissioner Hamza Shafqat, ICT Deputy Inspector General of Police Waqarud Din Sayyid, ICT secretary health, ICT inspector general (prisons), home secretaries of all the provinces as well as the remaining advocate generals and prosecutor generals and prosecutor generals of the National Accountability Bureau (NAB) and the Ant-Narcotics Force (ANF).
The court also appointed Advocate Sheikh Zameer Hussain as amicus curiae to assist the court.
The court ordered that no further order shall be passed by any of the high courts and by any of the governments for releasing prisoners from the jails. “If any order has been passed regarding release of the prisoners and not given effect or implemented till now, the same shall not be acted upon until further orders of this court,” the order stated.
The CJP said, “It is power game but it should not be that authorities should exercise powers beyond their limits. We have to maintain the rule of law in the country.”
The additional attorney general said that the high courts were giving different rulings regarding the release of prisoners. He asked the apex court to decide the matter.
The top judge questioned how the high courts could have ordered the release of under-trial prisoners.
He said that coronavirus was a grave matter and asked under what pretense did the IHC issue the directives for releasing the prisoners? He also asked how a high court could take suo motu notice in this regard.
He said the those involved in petty crimes should be released, but the IHC had ordered for the release of all prisoners except those charged with terrorism.
He added that it could not happen that people start making decisions which were not within their jurisdiction during a crisis. He further said that those prisoners who had two to three months left in their sentences should be released.
The CJP said that everybody was aware of the current situation in the country, therefore, the release of prisoners involved in serious crimes cannot be allowed because of a coronavirus scare.
Later hearing of the case was adjourned till Wednesday.
