ISLAMABAD: The chief justice of the Islamabad High Court (IHC) is considering granting bail to under-trial prisoners arrested for minor crimes in the capital.

IHC Chief Justice Athar Minallah has fixed the matter for hearing today (Friday) and issued notices to the National Health Services (NHS) secretary, the Islamabad advocate general and the office of the attorney general.

Justice Minallah has decided to convert the report on prisoners related to Islamabad submitted to him by the court’s judicial branch into an independent petition.

The report proposed that in order to reduce the jail population, 51 accused and under-trial prisoners in jail for petty offences under the Arms Ordinance, Prohibition (Enforcement of Hadd), Control of Narcotics Substances and others can be considered for release from jail on the basis of persona surety bonds.

According to the report, there are 21 under-trial prisoners held under the Arms Ordinance, one for vagrancy, seven for defaulting and 22 under Prohibition (Enforcement of Hadd).

“The under trial involved in the above category of cases may be ordered to be released on bail by this Hon’ble Court in exercise of powers conferred under section 561 read with section 497 Criminal Procedure Code subject to their submission of personal surety bonds with a direction to them to appear in the respective courts on the date fixed or a direction in this behalf may be issued to both the district and sessions judges to do the needful on emergent basis, in the public interest,” the report stated.

The report said that the authorised accommodation in the Rawalpindi Central Jail Adiala is for 2,174 people. The jail currently houses 5001 people, of which 1,362 are from Islamabad.

Justice Minallah has called the situation in Adiala jail “alarming” because it holds twice its authorised capacity.

He observed that since the jail is crowded and lacks proper hygiene and health facilities, while prisoners caught in petty offences cannot afford to approach the courts.

Justice Minallah went on to say that the majority of under-trial prisoners were alleged to be involved in offences falling within the ambit of non-prohibitory clauses. The Supreme Court has already held that where offences fall within the non-prohibitory clause the granting of bail has to be considered a rule.

Subsequently, he issued directions that the NHS secretary, health director general, deputy inspector general of police, Islamabad advocate general and attorney general or his nominated law officer to appear at 10am on March 20 “to explain why this court in exercise of powers vested under section 561-A of the CrPC 1898 may not order release of UTPs on bail subject to furnishing of the surety to the satisfaction of the deputy commissioner, Islamabad Capital Territory or any other official designated by the chief commissioner Islamabad.”

Justice Minallah issued directions to the registrar’s office to issue notices to the aforementioned authorities and put off further proceedings until Friday.

Published in Dawn, March 20th, 2020