PESHAWAR: A single-member Peshawar High Court bench on Tuesday issued a notice to the advocate general of Khyber Pakhtunkhwa for responding to two petitions, which seeks the court’s orders for the reduction of jail population across the province by the release of prisoners of different categories on bail or probation to protect them from novel coronavirus (Covid-19).

Chief Justice Waqar Ahmad Seth fixed Apr 2 for the next hearing into the petitions filed by lawyers Saifullah Muhib Kakakhel and Shabbir Hussain Gigyani, who said almost all prisons were overcrowded, while prisoners were vulnerable to coronavirus.

Saifullah Muhib said a larger bench of the Supreme Court had directed all high courts and provincial and federal governments on Mar 30 not to issue any orders for the release of prisoners.

Petitioners tell PHC inmates vulnerable to Covid-19

He added that the apex court had fixed Apr 1 for hearing the issue related to prisons in light of the situation arising out of the outbreak of Covid-19.

The bench observed that it would hear the cases on Apr 2 and would decide the issue in light of any directions given by the Supreme Court. During the hearing, the chief justice observed that the high court had already taken several steps to protect prisoners from Covid-19.

He observed that judicial officers had been regularly conducting jails visits and disposing of cases of the prisoners detained in cases of petty nature.

The bench observed that it would also look into the cases of juvenile prisoners detained across the province.

Advocate general Shumail Ahmad Butt, who was present in the courtroom, received the notice and said he would inform the court about the viewpoint of the government about the matter on next hearing.

The Supreme Court had issued notices to the advocates general of the four provinces on Monday asking them to appear on Apr 1.

In the petition, Shabbir Gigyani requested the court to ask district judges for immediate visit to the respective prisons and issue orders for the release on bail of undertrial prisoners detained in all cases except those punishable with death or life sentence.

He prayed the court to issue bail orders for convicted prisoners punished for less than five years and of those convicts detained in lieu of payment of fine and diyat.

The petitioner requested the court to ask the government to manage quarantine facility for fresh prisoners to prevent the spread of infections in jails.

Similarly, Saifullah Muhib Kakakhel requested the court to release prisoners aged above 50 and juveniles on bail saying they are more vulnerable to the infection.

He requested the court to order the release of all prisoners having cardiac, diabetes, asthma and kidney issues as they’re at higher risk of contracting the viral disease.

The petitioner prayed the court to ordered the release of all undertrial prisoners on bail as they are innocent unless proven guilty.

He also sought the court’s orders for the release of all foreign prisoners by securing surety bonds as their death in prison by Covid-19 could bring a bad name to the country.

The petitioner said the prisoners not released due to the non-payment of diyat could be helped by the Pakistan Baitul Mal.

The petitioners said coronavirus was highly contagious and spread rapidly with the people in overcrowded and populated places being very vulnerable.

Published in Dawn, April 1st, 2020