ISLAMABAD            –                A writ petition in opposition to the Islam­abad Excessive Court docket judgment dated March 20 to launch 400 under-tri­al prisoners from Adiala jail was filed earlier than the Supreme Court docket on Friday.

A five-member bigger bench of the apex court docket headed by Chief Justice of Pakistan Justice Gulz­ar Ahmed would hear the enchantment in opposition to IHC order concerning risk of coronavirus pandemic and over­crowding in Adiala Jail on March 30.

Petitioner Raja Muhammad Na­deem acknowledged in his petition that 400 criminals/wrongdoers have been launched in an unprecedented and unconstitutional method on the value and expense of the constitu­tional proper of a complainant within the respective FIRs.

He added that the IHC had sought a report from the Superintendent, Central Jail, Rawalpindi, re­garding the inmates whose instances are pending earlier than the courts un­der jurisdiction of the Court docket; ac­cordingly a report was submitted.

The petitioner continued that Superintendent, Central Jail, Rawalpindi, had submitted a re­port within the IHC that the licensed occupancy of the Central Pris­on, Rawalpindi, is 2,174 whereas the variety of its current inmates is 5,001. The variety of under-trial prisoners whose instances are pend­ing earlier than the courts beneath the jurisdiction of the Excessive Court docket is 1,362. Majority of the incarcer­ated beneath trial prisoners are al­leged to have dedicated offences which fall throughout the ambit of the non-prohibitory clause; and sev­eral convicted prisoners are above the age of 55 years and a few suf­fer from severe sicknesses, which can’t be handled whereas incarcer­ated.

In response to the petitioner, the IHC chief justice in chamber exer­cising suo moto jurisdiction con­verted the report right into a petition beneath Part 561 A of the Crimi­nal Process Code on the bottom {that a} nationwide calamity has been declared by the federal govern­ment within the wake of coronavirus risk and that the scenario within the overcrowded prisoners within the Adi­ala Jail is alarming.

He contended that the IHC isn’t vested with jurisdiction to train any suo moto powers, thus the im­pugned judgment and order dat­ed 20-03-2020 is unlawful, with none jurisdiction and is liable to be put aside on this floor. The in­herent powers vested within the Excessive Court docket, can solely exercised in a sit­uation the place no specific statutory provision is offered. The treatment beneath Part 561-A CrPC isn’t an alternate and substitute for an ex­press treatment as supplied beneath the legislation.

The petitioner stated that the judi­ciary however is entrust­ed with the duty of deciphering the legislation and to play the function of an arbi­ter in instances of dispute between the people inter se and between particular person and the State.

He acknowledged that within the prompt case the provincial authorities is em­powered beneath the Pakistan Pris­on Guidelines, 1978 learn with Part 401 of CrPC to droop the sen­tence. Nevertheless, not one of the professional­vincial authorities or Islamabad Capital Territory administration discovered it expedient to come back for­ward and invoke the stated provi­sions.

He maintained that the ambit and scope of Excessive Court docket powers isn’t as vast as of the Supreme Court docket beneath Article 187 of Consti­tution to go any order or to concern any route or levels for doing substantial justice.