SC restrains courts from releasing UTPs till April 1

The Supreme Court Monday, refrained high courts and the provincial, the Islamabad Capital Territory (ICT) and the Gilgit-Baltistan governments, from passing further orders to release under-trial prisoners in view of the coronavirus pandemic until April 1.
A five-member larger bench, headed by Chief Justice Gulzar Ahmed, said; "No further order shall be passed by any of the high courts and the provincial, ICT and Gilgit-Baltistan governments for releasing the 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 the apex court," it added.
Notices were issued to Advocate General ICT Niazullah Khan Niazi, Additional Attorney General Tariq Mehmood Khokhar, Chief Commissioner ICT Amer Ali Ahmed, Deputy Commissioner ICT Hamza Shafqaat, Deputy Inspector General of Police ICT Waqarud Din Syed, Secretary Health ICT, Inspector General (Prisons) ICT, home secretaries of all the provinces and the advocate generals and prosecutor generals of the all the provinces and Gilgit-Baltistan, and prosecutor generals NAB and ANF. Senior Advocate Sheikh Zameer Hussain is appointed as amicus curiae to assist the Supreme Court.
Raja Muhammad Nadeem on 27th March filed a petition under Article 185(3) read with 184(3) of Constitution against the IHC judgment dated March 20, 2020 for regarding release of 408 criminals/wrongdoers.
He stated that the under-trial prisoners were released in an unprecedented and unconstitutional manner at the cost and expense of the constitutional right of the complainants in the respective FIRs.
Chief Justice Gulzar Ahmed said the high courts did not have unlimited power.
This is the "war powers", therefore can allow that in calamity-like situation.
The chief justice said that though serious condition of coronavirus Covid-19 was prevalent all over the world and Pakistan was also affected by it and there were many apprehensions about the jail condition.
He said, however, they could not allow anyone that in panic start assuming the jurisdiction, which was not conferred to it under the law.
He questioned whether the high courts could take the cognizance of the issues by exercising suo moto powers.
The IHC has gone further on not only the release of under-trial prisoners, but all the prisoners, including arrested in the ANF and the NAB laws.
He said now the prisoners who wanted the bail would take plea that they be released due to coronavirus.
He said that the criminal prisoners arrested in murder, sexual and other activities were not released in any circumstance.
The Indian Supreme Court has passed order for release of prisoners, but directed the government to form commission to examine whether a prisoner could be released or not.
Supreme Court Bar Association (SCBA) President Syed Qalbe Hassan said that the legal fraternity had expressed concern that hundreds of prisoners were kept in miserable condition in one barrack.
When the government did not say a word about them, then the people approach the courts.
The SCBA president said that the Islamabad High Court had nominated the DC Islamabad to examine the cases of prisoners.
Justice Sajjad Ali Shah said that 120 narcotics prisoners were released through omnibus order. The chief justice said prisoners over the age of 55 years and whose release two or three left could be released.
At the onset of the proceedings, Attorney General Khalid Jawed stated that the different high courts had passed different orders regarding release of the UTPs, therefore the apex court should lay down a guideline.
The case was adjourned until tomorrow (Wednesday).