PBC, SCBA dismayed by appeal against IHC order about UTPs

The Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) have expressed dismay over the filing and immediate fixation for hearing of an appeal against the Islamabad High Court (IHC) order to release 408 under-trial prisoners (UTPs) from Central Jail, Rawalpindi, in view of coronavirus pandemic.
Raja Muhammad Nadeem on Friday filed an appeal under Article 185(3) of the Constitution against the IHC judgment dated March 20, 2020, and questioned the IHC power to take suo moto of the matter, and passing an order for the release of 408 under-trial prisoners.
The Supreme Court, the same day of filing of appeal against the IHC order, fixed it for hearing on 30th March by a five-judge larger bench, headed by Chief Justice Gulzar Ahmed.
In a joint press release issued on Saturday, PBC Vice Chairman Abid Saqi and SCBA President Syed Qalb-i-Hassan regretted the filing of the petition and its prompt fixation for hearing by a larger bench.
They recalled that all the bar bodies and the legal fraternity had fully appreciated and supported the timely decision/judgement of the IHC regarding conditional release of 408 prisoners from Adiyala Jail, which has been taken/passed in peculiar circumstances arisen as a result of the outbreak of deadly COVID- 19, just on humanitarian and compassionate grounds only in cases of under-trial prisoners, and thus expressed hope that the other superior courts may also take/pass similar decisions/orders on humanitarian grounds that being the demand of the grave situation confronting Pakistan.
The rapid increase in spread of the coronavirus worldwide, which has also gravely attacked Pakistan, needs concerted efforts and practical contributions on a war footing by all concerned, within sphere of their activities including the courts, to combat the deadly decease.
Needless to add that Pakistan is one of very few countries in the world having large percentage of under-trial prisoners, which is one of the main causes of overcrowding of jails.
They expressed the hope that the Supreme Court, while hearing and deciding the petition, will kindly keep in view the hardships of and threats of COVID-19 to under-trial prisoners in overcrowded jails in Pakistan, which are endangering even their lives, and its decision in the matter will promote the object of protection of human rights especially of the under-trial prisoners.
"The verdict of the apex court of the country surely will improvise the system of dispensation of justice pertaining to preservation of human rights," they said.