Bail is granted in accordance with law, not policy: SC

Apex court orders the government to conduct full screening of all prisoners as a precautionary measure

ISLAMABAD: Raising questions over the release of under-trial prisoners (UTPs) by the high courts to prevent them from contracting coronavirus, the Supreme Court (SC) noted on Friday that the courts do not grant bail on the basis of any policy but only in accordance with law.

A two-judge SC bench, comprising by Justice Mushir Alam and Justice Qazi Muhammad Amin rejected to grant bail of an accused inmate on the basis of delay in the trial.

Mir Masood Sattar is accused of being involved in a corruption case and is behind bars for one year.

The counsel of the accused prayed upon the court that as a matter of policy due to coronavirus, the high courts are granting bail to the accused prisoners in the offences wherein sentence is not more than 10 years.



Upon this, the bench remarked that the courts grant bail in accordance with the law rather than any policy.

Justice Amin also questioned whether Italy, France and USA released all prisoners due to coronavirus.

The apex court ordered the government to conduct full screening of all prisoners as a precautionary measure.

After the court proceedings, a senior government law officer told The Express Tribune  that “it seems apex court is not satisfied with the release of prisoners by the high courts.”

He added that the government officials are already expressing concern over the release of prisoners by high courts.



“They believe that a judicial order should be passed on a case-to-case basis rather than issuing a general direction to release the UTPs on bail,” the law officer said adding that officials believe everything is pending.

The official also feared that a security issue might arise in the federal capital after the release of over 400 prisoners.

Likewise, adverse remarks may also be passed in the next  (Financial Action Task Force) FATF review report due to the release of the people held by the Anti-Narcotics Force.