IHC grants bail to 408 prisoners involved in minor offences

The Islamabad High Court (IHC) Tuesday granted bail to 408 prisoners imprisoned at Adiala Jail under minor offences in view of coronavirus outbreak. A single bench of IHC Chief Justice Athar Minallah heard the case and approved bail petitions of 408 prisoners.
The IHC bench also directed to constitute two separate committees to materialize the release of 408 prisoners on bail. Director General (DG) Anti-Narcotics Force (ANF) was asked to constitute the committee to scrutinize the cases of the prisoners held under narcotics cases, while Chief Commissioner and Inspector General (IG) Islamabad Police were directed to constitute committee to scrutinize the cases of prisoners involved in other offences.
The order said that the petitioners were incarcerated in the Central Prison, Rawalpindi. They have sent respective representations through the Superintendent Central Prison, Rawalpindi. All the petitioners are under trial prisoners alleged to have been involved in commission of offences under the Anti-Narcotics Force Act, 1997. The offences are in the nature of non-violent crimes.
"Keeping in view the extraordinary situation that has arisen due to COVID-19, this court vide order, dated 20-03-2020, had admitted those prisoners to bail who were alleged to have been involved in offences falling under the non-prohibitory clause," said the order.
It further said that the petitioners were alleged to be involved in offences falling within the ambit of the prohibitory clause. The order said; "The Director General, Anti-Narcotics Force shall constitute a committee of officials to scrutinize the cases and release in each case will be subject to the satisfaction of the said committee. The committee shall satisfy itself that sufficient security/surety can be furnished by the prisoner, so that there are no apprehension of absconding or that there are no other compelling reasons for denying the release."
The IHC chief justice maintained, "If the committee is not satisfied that the prisoner should be released on bail then it shall record its reasons. Subject to satisfaction of the aforementioned committee, the prisoner shall be released after proper screening by officials already nominated."
He continued that the committee was expected to ensure that unnecessary and unreasonable restrictions were not imposed, while releasing under trial prisoners who were more than 55 years old or were women and juveniles. The court expected that the exercise pursuant to this order shall be completed at the earliest, preferably within three days.
He added that this order shall also cover those cases in which bail may have been refused earlier because prevention of outbreak of the novel virus and its potential spread in prisons is definitely a fresh ground. Similarly, the court directed the Chief Commissioner and the Inspector General of Police Islamabad Capital Territory (ICT) to constitute a joint committee to scrutinize each case, and release in each case will be subject to the satisfaction of the said committee.
The bench noted, "The committee shall satisfy itself that the prisoner, if released, will not be a threat to public safety."
It added, "If the committee is satisfied that release of a prisoner admitted to bail is not in public interest then it shall record its reasons." He added, "In these challenging times the most vulnerable and defenseless classes of the society deserve special care and attention."