SC questions legality of IHC, SHC prisoner release orders.

ISLAMABAD: Chief Justice Gulzar Ahmad on Wednesday took a strict view on the release of prisoners amidst the coronavirus outbreak, stating that whatever measures are taken in Pakistan in this regard must be taken according to the law, a private TV channel reported.

The CJP made these remarks while hearing a petition against the release of under-trial prisoners on the orders of high courts. "Under what law can suspects and accused be released?" the CJP asked while chairing a five-member larger bench of the Supreme Court which is hearing arguments on the matter. He noted that it is already very difficult to arrest the accused in cases. "The police are already busy with the coronavirus emergency. How can we let criminals be out on the roads as well?" he asked, adding that robberies have started taking place in Karachi soon after the release of prisoners. "Karachi's Defence area is under the control of robbers," the top judge said. "Thieves are emptying houses under the pretext of checking for coronavirus patients," he remarked, recounting an incident. "Ever since the [Sindh] high court has issued bail [for prisoners], crimes have increased," he stated, adding that any decision to release prisoners should be taken after looking at the facts on the ground.

The judge remarked that due to the coronavirus, the businesses of the corrupt have also been affected. He noted that those accused of corruption have also been released by the courts. To this, the attorney general interjected to say he will not like to comment on the problems in Sindh. However, the CJP persisted, saying that if the corrupt do not get a chance to do their corruption, they too will start resorting to crime. "Coronavirus will not go away by emptying the jails. The law is present for taking care of prisoners," Justice Qazi Faez Isa remarked.

Justice Sajjad Ali Shah added that the law says that prisoners affected by COVID-19 should be kept under quarantine. "If the virus spreads in jails, the Supreme Court will be held responsible," the attorney general warned the court. The CJP, however, brushed aside the warning, telling the attorney general that the court is concerned with the law, not with the allegations hurled at it.

President of the Supreme Court Bar Association Qalb-e-Hasan, who was representing those who have supported the decision to release prisoners, argued that a team of doctors has yet to visit jails. He also reminded the court that the jails can keep 57,742 prisoners...