SC asks Centre, provinces to furnish report of steps taken for tackling lethal virus

The Supreme Court directed the federal, all the four provinces, the Gilgit-Baltistan governments and the Islamabad Capital Territory (ICT) Administration to file comprehensive report about expected threats of coronavirus in their respective territories and the measures taken by them to overcome and tackle this pandemic.
What steps have been taken for providing necessary training and equipping the doctors and paramedic staff for dealing with this pandemic? The reports should also state what measures so far have been adopted for providing medicines, protective dresses, kits, medical equipments, ventilators, hospital beds, etc., for the treatment of the patients affected by coronavirus, the order said.
What is the state of readiness of all the hospitals of these governments, to provide adequate treatment to the patients? What inventory/stock these governments are maintaining for the provision of medicines, protective dresses, kits, medical equipment, ventilators, hospital beds, etc., for meeting the looming surge?
The inspectors general (prison) of all the provinces, the ICTA and the Gilgit-Baltistan were directed to submit reports regarding the population of prisoners in their respective prisons, and the actual capacity of the prisons, and also point out the categories of prisoners who are under trial or convicted, and separate list of prisoners as per the recommendations of the attorney general.
The IG prisons of all the prisons in Pakistan and the GB to ensure that no new prisoner, who is suspected of the coronavirus, is allowed to enter the respective jails.
Quarantine centres be made by the respective jail authorities, immediately, preferably on Wednesday with all necessary infrastructure. All the provincial governments, the ICT and the GB were directed to fill up the posts of jail doctors immediately.
A five-judge, headed by Chief Justice Gulzar Ahmed, heard Raja Muhammad Nadeem's petition against the Islamabad High Court (IHC) order dated March 20th regarding release of 408 prisoners on the basis of coronavirus crisis.
At the onset of the hearing, the chief justice questioned how and under what laws the high courts assumed the jurisdiction to release the prisoners. He said that the judgment passed by the IHC regarding the matter was unlawful.
The Sindh High Court (SHC) has done the same thing, he added. "We are living in the country that is governed by laws, and whatever we do should be in accordance with the law."
Attorney General for Pakistan Khalid Jawed recommended to the bench to pass an order in exercise of power under Article 184(3) and 187 of Constitution. He suggested that the accused persons charged for offences under non-prohibitory clauses or under vagrancy laws or offences carrying less than three years sentence might be considered for bail subject to; that benefit should not extend in cases involving abuse/violent act against children and women.
He proposed that the benefit should first be extended to persons suffering from ailments or physical or mental disability; the persons who were 55 years of age or older, and to those under-trial prisoners UTPs. The bails in these cases be extended on personal bond.
Regarding the bails of convicted persons under Section 401 of the CrPC be considered for those who have otherwise completed their sentences, but remain in jail on account of non-payment of fine/monetary penalty; women/juvenile convicts who have completed 75 percent of their sentence and have no history of past convictions; convict whose remaining term in jail is six months or less, provided offence was not violence against women or children; women/juvenile who were sentenced to a term of one year or less.
The Supreme Court Bar Association (SCBA) President, Syed Qalbe Hassan, submitted report regarding the prisoners in jails all over the country. According to that, there are 114 jails in Pakistan, total capacity of it 57,742, while the prisoners in them are 77,275.
Out of the total, 25,456 are convicted and under-trial prisoners are 48,000. Vulnerable prisoners include 1,184 women prisoners, and 1,500 elderly prisoners above 60 years of age. The report states that there are 108 doctors' posts vacant in prisons all over Pakistan.
Advocate General, Islamabad, said the IHC on the jail petitions had issued order under 561A of the CrPC for release of prisoners. Advocate General Sindh Salman Talibuddin informed that out of 829 prisoners against whom there were charges of lesser offence would be released.
He said so far 519 prisoners had been released. However, 120 prisoners could not be released due to the apex court order. The court directed the AG Sindh to provide the orders of the magistrate with a list of prisons, the direction issued by the chief justice SHC and any other order passed by any of the district and sessions judge/additional district and sessions judge.
The Advocate Generals for the Punjab, the Khyber-Pakhtunkhwa, Balochistan and the inspector general (prison) Gilgit-Baltistan informed that they had not released any prisoner in view of the coronavirus crisis.
AG Punjab Shan Gul informed that inspector general, prisons, Punjab had made internal arrangements, where he had ensured that the policy of distancing was followed and in that regard shifting of prisoners had been made and some had been put under quarantine.
Advocate Sheikh Zamir Hussain, who was appointed amicus curae, contended that some mechanism has to be evolved for release of prisoners from jails, who are in dire threat of being infected and a classification and distinction in this regard may be made, and such be laid down by this court.
He submitted that the impugned order of the IHC was without jurisdiction and illegal. The case was adjourned until Monday (April 6). It said that the interim order passed on 30.03.2020 shall continue to operate till the next date of hearing.