The Islamabad High Court (IHC) Friday summoned secretary Ministry of Law on March 28 (today) to explain why government officials were giving wrong and misleading information about its order to release under trial prisoners (UTPs).
A single bench of IHC Chief Justice Athar Minallah issued these directions, while hearing a petition filed by Syed Haider Ali through his counsel Qaiser Imam Chaudhary Advocate highlighting the difficulties in implementation of the orders passed by this Court to release under trial prisoners who are incarcerated in the Central Prison, Rawalpindi.
During the hearing, the petitioner's counsel drew the attention of the chief justice to a news report published in an English daily (Express Tribune) "Government unhappy with IHC decision to release UTPs".
The IHC bench noted in its order that the orders on March 20 and 24, 2020, were passed in view of the federal government's policy, and the unprecedented risk of spread of the deadly coronavirus in the Central Prison, Rawalpindi.
"It appears that the officials of the Law Department, who are reported to have talked to the reporter, had not read the orders and directions passed by this Court. It is public knowledge that the living conditions in the Central Prison, Rawalpindi are intolerable. The prison is overcrowded and the conditions of hygiene are reportedly deplorable."
"The extraordinary situation and the risk of spread of virus was not denied by the government officials, who had appeared before this Court, when the aforementioned orders were passed. This unprecedented risk has exposed the under trial prisoners to harm and thus raises concerns about their right to life."
"This court in order to facilitate the government to perform its obligations under the statutory provisions, particularly Pakistan Prison Rules, 1978, and to protect the fundamental rights of incarcerated prisoners, had passed the orders, while explicitly subjecting release of prisoners to the satisfaction of the executive officials," the court said.
Justice Athar maintained, "It appears to this Court that instead of performing obligations imposed under the law and in disregard to the fundamental rights of under trial prisoners who are presumed to be innocent, the orders passed by the IHC are, prima facie, being misinterpreted by senior officials of the government."
The bench said, "The office is, therefore, directed to issue notices to the deputy commissioner, Islamabad Capital Territory, secretary Ministry of Law and Justice and the attorney general. Notice is also directed to be issued to Hasnat Ahmed, reporter of the daily and author of the above mentioned published news item."
In its order, the IHC bench directed the deputy commissioner, Islamabad to appear before this Court tomorrow i.e. 28-03-2020, at 10am and explain the measures/actions taken to protect the fundamental rights of under trial prisoners.
"The secretary Ministry of Law and Justice is also directed to appear in person and explain why officials are reportedly giving wrong and misleading information as has been published in Express Tribune dated 26-03-2020. The secretary, Ministry of Law and Justice will explain how the federal government is dealing with the unprecedented risk to which under trial prisoners are exposed in Central Prison, Rawalpindi, and in what manner this Court's orders, dated 20.03.2020 and 24.03.2020 compromises security or suffers from any legal infirmity," said the IHC bench.
It also directed the attorney general to ensure that his office is represented.-