| Citation(s) |
|---|
| 2021 SLG 774 2021 SLD 774 2021 PCRLJ 513 |
Islamabad High Court
Criminal Miscellaneous No. 230 of 2020, decided on 24th March, 2020.
MIAN ABID, JOINT DIRECTOR ANF.
Niaz Ullah Niazi, Advocate General, ICT, Islamabad.
Criminal Miscellaneous No. 230 of 2020, decided on 24th March, 2020.
MIAN ABID, JOINT DIRECTOR ANF.
Niaz Ullah Niazi, Advocate General, ICT, Islamabad.
KABIR
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Pandemic situation---Safety concerns of prisoners---Accused persons were confined in jail and there was extraordinary situation arisen due to COVID-19---Effect---Policy was framed by Federal Government and there were intolerable living conditions in over-crowed Central Prison, (Rawalpindi)---There was gravity of risk posed by Novel COVID-19, to safety concerns of prisons and their right to life---High Court directed Chief Commissioner and Inspector General of Police of Capital Territory to constitute a joint committee to scrutinize each case and release in each would be subject to satisfaction of that Committee---High Court admitted all those accused persons to bail who were alleged to have been involved in offences falling under non-prohibitory clause of S. 497, Cr.P.C.---Petition allowed accordingly. ORDER ATHAR MINALLAH, C.J.--- Through this consolidated order I shall decide 270 petitions listed in Annexure-A attacked hereto. 2. The petitioners are incarcerated in the Central Prison, Rawalpindi. They have sent their respective representations through the Superintendent, Central Prison, Rawalpindi. All the petitioners are under trial prisoners alleged to have been involved in various offences. The offences are of different nature and may be divided into two broad categories i.e. non-violent and violent crimes. Keeping in view the extra ordinary situation that has arisen due to the novel Covid-19 (Corona Virus), this Court vide order, dated 20-03-2020, had admitted those prisoners to bail who were alleged to have been involved in offences falling under the non-prohibitory clause. According to the written report submitted by the Deputy Commissioner, Islamabad Capital Territory two hundred and eighty three such prisoners have been released. 3. In the petitions in hand, the petitioners are alleged to be involved in offences falling within the ambit of the prohibitory clause. This Court vide order, dated 20-03-2020, had observed as follows: It is noted that a prisoner has no option but to absolutely rely on the State and the prison authorities for his/her welfare and medical needs. Neglect on…
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