Law: Prisons Act, 1894

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

(a) Prisons Act (IX of 1894)--- ----S. 7---Criminal Procedure Code (V of 1898), S. 561-A---Coronavirus (COVID-19) pandemic---Threat of spread of disease amongst prisoners---High Courts passing orders for the release of certain category of under-trial prisoners/convicts, lodged in different prisons---Legality ---Methods and means to manage a crisis had to be essentially explored within a legal framework of statutory and judicial dispensation---No concept existed of en bloc omnibus release of prisoners on the basis of declaration of health emergency issued by the World Health Organization ('WHO') in a context altogether different---Advisory by the international organizations to its member states was to be routed through Foreign Office; no such advisory calling upon the member states to empty their prisons had been issued---Overcrowded prison, though an inconvenient abode, nonetheless, without an infected inmate was a safe place, instead of releasing them all---ISLAMABAD HIGH COURT High Court had no juridical basis to undertake an extensive exercise in a criminal miscellaneous application to issue directions impinging upon the whole spectrum of social life---High Court certainly lacked jurisdiction to invoke provisions of S.561-A, Cr.P.C---Abrupt release of hundreds of prisoners was far from being expedient for maintenance of law and order in their neighborhoods---Law must not be a casualty even in most extreme or adversarial situations; it must reign supreme and the Government in the given legal framework must strive hard to combat the pandemic---Court was not to be swayed by popular themes---Impugned orders of the High Courts for releasing/granting bail to prisoners were set-aside with the direction that prisoners released in pursuance to the orders of the High Courts were to be taken into custody except those falling within the categories suggested by the Attorney General with the concurrence of Provincial Advocate Generals. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of the High Court---Scope---Provisions of the S. 561-A, Cr.P.C could not be invoked to interfere, interrupt or divert procedural courses provided under the law nor it…

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