COVID-19: SC questions legality of prisoner release orders issued by IHC, SHC

SC orders to establish a quarantine facility in all jails

The Supreme Court of Pakistan. PHOTO: AFP/File

ISLAMABAD:
The Supreme Court (SC) on Wednesday came down hard on high courts regarding the release of prisoners amid the COVID-19 outbreak in the country.

A five-judge bench headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed asked under what law were prisoners released by the high courts.

During the hearing, the CJP noted that the Islamabad High Court (IHC) order regarding the release of prisoners is legally incorrect, adding that the same is being done by the Sindh High Court (SHC) by issuing a vague four-line statement regarding the release of 829 prisoners.

“Nobody knows who these released prisoners are,” the SC remarked.

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Advocate general Sindh said that out of 829 prisoners, 519 have been released while advocate general Islamabad said that out of 408 prisoners, 224 have been released.

“Such an order can not be issued like a king,” CJP Ahmed said. “It is not easy to arrest criminals. Now that the police is busy dealing with coronavirus; how can criminals be allowed to move freely on the roads?

"We have to see ground realities," he added.

The CJP also warned that releasing criminals might be a threat to other people’s lives. He also asked about who compiled a list regarding the release of prisoners.


Judge Justice Umar Ata Bandial said that it seems that list regarding the release of prisoners was prepared before the passing of the order by SHC.

The CJP also noted that inmates involved in corruption, have been released in Sindh.

Attorney General of Pakistan (AJP) Khalid Javed Khan said the SC might be accused if coronavirus spreads in prisons.

“The courts work in accordance with the law and they have no concern about any allegation,” the CJP responded.

Judge Justice Qazi Muhammad Amin said that the virus cannot be fought by releasing all prisoners and vacating the jails. He added that a method is already available to protect the prisoners.

Judge Justice Sajjad Ali Shah inquired whether those accused by the National Accountability Bureau (NAB) come under the category of minor offences.

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Meanwhile, the bench in its order directed jail authorities to conduct the coronavirus test of every new prisoner. Likewise, details of prisoners have also been sought.

The court has also sought details from federal and provincial governments regarding their measures to overcome coronavirus in the country. The SC also ordered to establish a quarantine facility in all jails.

The apex court will examine the legality of the release orders of prisoners on April 6.

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