Summary: Summary pending

Summary: Post arrest bail application through jail due to corona pandemic

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Bail After Arrest in Case FIR No. 360/19 dated 02.11.2019 Offence U/s 489 -F PPC, PS Shalimar, Islamabad

Summary: Summary pending

Summary: Bail granted -----Post arrest bail applicatoin through jail due to Corona Pandemic. Corona Virus COVID -19 (a) Criminal Law – Bail in Extraordinary Circumstances – COVID-19 Pandemic: ----Constitution of Pakistan, Art. 9, 14 & 25---Control of Narcotics Substances Act, 1997---Right to Life---Fundamental Rights---Public Health Emergency---The COVID-19 pandemic created extraordinary circumstances requiring urgent measures to prevent outbreaks in overcrowded prisons---Prisoners, especially undertrial prisoners, are wholly dependent on the State for their welfare and medical needs, and failure to safeguard their health constitutes a violation of their fundamental rights under Articles 9 (Right to Life) and 14 (Right to Dignity) of the Constitution---The confined and overcrowded conditions in prisons made social distancing and other preventive measures practically impossible, posing grave risks to inmates, prison staff, and the general public in case of an outbreak---Held, under these extraordinary circumstances, prisoners accused of non-violent offenses, including those under the prohibitory clause of the Control of Narcotics Substances Act, 1997, were entitled to temporary bail on humanitarian grounds. (b) Right to Life and State Responsibility Towards Prisoners: ----Constitution of Pakistan, Arts. 9 & 14---State Responsibility---The right to life is not curtailed or suspended during incarceration; rather, the State bears a heightened responsibility to safeguard this fundamental right for prisoners who cannot make independent choices about their healthcare and welfare---Held, failure to protect prisoners from health crises, such as the COVID-19 pandemic, constitutes negligence and a breach of the State's duty of care. (c) Bail – Discretion of the Court in Light of Public Health Emergency: ----Anti-Narcotics Force Act, 1997---Discretionary Powers of the Court---Pandemic Outbreak---Extraordinary situations warrant extraordinary measures, and courts possess inherent powers to adapt legal remedies in times of crisis to protect public health and constitutional rights---Held, bail could be granted even in cases involving the prohibitory clause of the Anti-Narcotics Force Act, 1997, if public health and humanitarian considerations justified such relief. (d) Guidelines for Bail in COVID-19 Cases: ----Judicial Policy---Bail Conditions---Preventive Measures---The Court established clear guidelines for bail release during the COVID-19 pandemic: i. A Committee led by the Director General, Anti-Narcotics Force, was tasked with scrutinizing each case for bail eligibility. ii. The Committee was to assess security/surety risks and record reasons for denying bail if applicable. iii. Proper health screening was mandatory before the release of any prisoner. iv. Special consideration was to be given to vulnerable prisoners, including women, juveniles, and individuals over 55 years of age. v. Cases where bail was previously refused could be reconsidered in light of the pandemic. (e) Humanitarian Grounds – Re-evaluation of Bail Decisions: ----Preventive Measures during Pandemic---Fresh Grounds for Bail---The COVID-19 outbreak constituted a fresh ground for bail reconsideration even in cases where bail had previously been denied---Held, the State's primary obligation during the pandemic was to ensure the health and safety of prisoners, and courts could reconsider bail applications in this unprecedented situation. ----Cited Case: Ms. Shehla Zia & others v. WAPDA (PLD 1994 SC 693) ----Disposition: All petitions allowed. Prisoners admitted to bail under specified conditions, subject to scrutiny by the Anti-Narcotics Force Committee, health screening, and adequate sureties. The Committee was directed to ensure no unnecessary restrictions were imposed, especially on vulnerable prisoners. The process was to be completed within three days.

Summary: (a) Constitutional and Human Rights Principles — Right to Life and Welfare of Prisoners: The case addresses the constitutional rights of prisoners, particularly their right to life and health, in light of the novel COVID-19 pandemic. The Court emphasized the state's duty of care towards incarcerated individuals, particularly in ensuring their health and safety in overcrowded prisons, where the risk of viral outbreaks is heightened. The Court referenced the landmark case Ms Shehla Zia v. WAPDA [PLD 1994 SC 693], which reinforced the significance of the right to life as a fundamental human right. Held: The state has a duty to protect the lives of prisoners, as their incarceration severely limits their ability to ensure their own safety and welfare. The prison authorities are mandated to take proactive measures to safeguard prisoners' health. (b) Criminal Law — Bail and Release of Under-Trial Prisoners during Pandemic: The petitioners, all under-trial prisoners in the Central Prison, Rawalpindi, were alleged to have committed crimes under the prohibitory clause of the Pakistan Penal Code. In light of the COVID-19 pandemic and the associated risks in prisons, the Court allowed bail to these prisoners, referencing the Federal Government's policy to reduce prison populations to mitigate the risks posed by the virus. The decision follows the principle that the fundamental right to life extends to prisoners, especially in extraordinary circumstances like the ongoing pandemic. Held: Petitioners were granted bail, subject to scrutiny by a joint committee formed by the Chief Commissioner and Inspector General of Police, Islamabad. The committee’s task was to ensure that the release of prisoners did not pose a public safety risk, and appropriate sureties were furnished. (c) Public Safety and Prisoner Release Conditions: The Court set specific conditions for the release of prisoners, including ensuring that each case was reviewed by a joint committee, which would assess the potential threat to public safety and the risk of abscondence. The Court also emphasized that undue restrictions should not be imposed on prisoners over the age of 55, women, or juveniles, in accordance with the humanitarian needs arising from the pandemic. Held: The release conditions included thorough scrutiny of each petitioner's case, with an expectation that the exercise would be completed within three days. Special consideration was given to vulnerable prisoners, such as the elderly, women, and juveniles. (d) Administrative and Institutional Response to COVID-19 in Prisons: The Court acknowledged the efforts of the Islamabad Capital Territory’s officials, including the Deputy Commissioner, Deputy Inspector General of Police, and prison staff, in facilitating the release of under-trial prisoners and ensuring their safety. The Court commended the role of medical practitioners and the prison staff in mitigating the effects of the pandemic within the prison system. Held: The Court expressed its appreciation for the efforts made by all involved in managing the situation and ensuring that the welfare of prisoners was addressed during the health crisis. (e) Disposition: The petitions were allowed, and all petitioners were admitted to bail, subject to the conditions outlined by the Court. The exercise of releasing under-trial prisoners was expected to be completed within three days, with special focus on minimizing the risks posed by COVID-19 to vulnerable prisoners. ----Disposition: Petitions allowed with conditions for release and further scrutiny by the joint committee.

Summary: Summary pending