SHC CJ distances himself from inmates release issue

Registrar admits the press statement ‘was not happily worded’

ISLAMABAD: A senior Sindh High Court (SHC) official has informed the Supreme Court that the district judiciary had ordered the release of 814 prisoners on bail, and the province’s top judge did not pass any direction to the prison authorities concerned to free inmates.

This was disclosed in a letter, a copy of which is available with The Express Tribune, by SHC Registrar Ghulam Rasool Samoon to the Sindh advocate general.

The same letter was shared with the apex court which is seized with a petition questioning the release of prisoners by the Sindh High Court through a four-line press statement.

The SHC registrar admitted that the March 26 press statement, stating that 829 accused were released on the high court chief justice’s direction, “was not happily worded”.

The letter referred to the National Judicial Policy Making Committee (NJPMC) March 19 meeting wherein the matter related to overcrowding of prisoners and possible threat of pandemic Covid-19 was discussed.

In view of the NJPMC meeting, the SHC chief justice, who exercises supervisory jurisdiction under Article 203 of the Constitution over the district judiciary, directed all district judges through the registrar "over phone" to decide bail matters in compliance with the concern shown by NJPMC meeting about bail matters of under trial prisoners (UTPs) within their districts expeditiously, the letter read.

However, the letter clarifies that no directions were issued to NAB, ATC, anti-corruption or any special courts working within the jurisdiction of Sindh.

In compliance with the direction of the chief justice, the trial courts have sent the report through district judges, stating the number of accused persons who were granted bail or release upon conviction.

In all, there were 814 accused who were granted bail at the time of issuing the directions on March 26.

However, there are cases where the accused were released by the jail authorities concerned before or after March 19 in lieu of bails granted to the accused by trial courts “much before direction of the chief justice", says the letter.

It is also stated that “subordinate courts in normal discharge of duties are hearing bail matters and passing orders independently which were included in the 814 cases”.

The list of district courts orders/ reports to SHC has also been attached with the letter.

It is also stated that the SHC chief justice has issued an instruction to the Sindh government through the registrar to fumigate prisons, sub-jails, judicial lock-ups to disinfect the effect of COVID-19.

The letter says that no direction has been issued by the SHC chief justice to the prison department regarding the release of prisoners.

All the accused have been released under the orders of the trial courts on the grant of bail and furnishing of surety bonds.

The hearing of the case was adjourned until today wherein a written order about the release of prisoners will be issued.