ISLAMABAD, Nov 29: The Supreme Court of Pakistan on Thursday relaxed the procedure for hearing of “subsequent” bail applications, and allowed that in case the judge who had heard the first bail application was not available, the chief justices of the high court would be empowered to place it before any other bench.

The relaxation has been provided through modification of the case law laid down by the Supreme Court in Zubair case (PLD 1986 SC 173), in which it was held that “subsequent bail application must be placed before the same learned judge who had dealt with the first bail application under all circumstances even when he is on leave or otherwise not available due to exigencies of service or because of his posting at a particular bench.”

The Supreme Court ruled that case law was resulting in not only unavoidable inconvenience but even in misery.

After obtaining the views of all provinces, and the Chief Justices of the provincial high courts, a three-member bench of the SC on Thursday passed the following order:

“Constitution of the benches was the exclusive function of the Chief Justice.

Ordinarily, subsequent bail application by the same accused must be placed for disposal before the same single/division bench of a high court which had dealt with the first bail application.

If the single judge who had dealt with the first bail application is not available and departure from the rule 2 (that it should be placed before the same bench) was unavoidable the chief justice may refer the second or subsequent bail application to another single judge at the principal seat or permanent benches, as the case may be.

Where the first bail application was heard and disposed of by a division bench which was not available either at the principal seat or permanent benches at the time of filing of the second or subsequent bail application then such bail application shall be heard by a division bench of which one of the judges was a member of the division bench which had dealt with the first bail application. If none of the members of the division bench which heard the first bail application is available, the CJ concerned may assign the subsequent bail application to any appropriate division bench at the principal seat or the permanent benches/circuit benches, as the case may be.

Subsequent bail application shall be filed, heard and disposed of at the principal seat or the permanent benches/ circuit benches, as the case may be, where the first bail application was filed and finally disposed of. In the event of non-availability of the single judge or the members of the division bench, who had dealt with the earlier bail applications, the office at the principal seat shall obtain appropriate orders from the chief justice through fax or on telephone for fixation of subsequent bail applications before other appropriate benches, in the interest of expeditious and inexpensive dispensation of justice in bail matters.

Subsequent bail applications shall not be entertained unless accompanied by copies of the earlier bail applications and copies of orders thereon.”