Islamabad: The Islamabad High Court (IHC) Chief Justice, Athar Minallah, on Friday directed release on bail of undertrial prisoners facing minor charges from the overcrowded Adiala Jail as a precautionary measure against the spread of coronavirus. The number of prisoners in the jail is twice its capacity.

Justice Minallah gave these orders during the hearing of a report on the state of prisoners in Adiala Jail. The court had converted the report into an independent petition and set March 20 for hearing.

During the hearing, the court directed the district administration that the inmates facing less than seven-year terms or involved in minor crimes could be released on bail on personal surety bonds. The government could submit surety bonds of those who were not able to present their personal bonds.

The IHC has sought a compliance report from the district administration on Saturday.

Later talking to media outside the courtroom, Deputy Commissioner Islamabad Hamza Shafqaat said the court’s order was in accordance with the policy of the government to ‘minimise’ social contact in the wake of coronavirus outbreak.

Adiala Jail is a crowded prison that is currently housing 2,700 inmates, whereas its capacity is 1,000, said the deputy commissioner. He said recently that Islamabad police arrested some 300 beggars from various markets of Islamabad and sent them to Adiala Jail.

Around 200 prisoners are facing minor offences like presenting bogus cheques of small amounts. They could be set free after scrutiny of their cases, he said. However, he said, those facing offences like child rape or other heinous crimes would not be given any relief. On those who are arrested under National Accountability Bureau (NAB) laws, the official said accountability courts’ advice will be taken and in most cases, the matter lies in the provincial governments’ jurisdiction. We shall also take advice from the District and Sessions judge in certain cases, he said.

The report on the prisoners’ condition and that of Adiala Jail had proposed that in order to reduce the numbers in jail, 51 accused and undertrial prisoners in jail for petty offences under the Arms Ordinance, Prohibition (Enforcement of Hadd), Control of Narcotics Substances and others could be considered for release on the basis of personal surety bonds.

Justice Minallah had called the situation in Adiala jail “alarming”, observing the jail was crowded and lacked proper hygiene and health facilities, while prisoners caught in petty offences could not afford to approach the courts.

Justice Minallah said that most of the undertrial prisoners were alleged to be involved in offences under non-prohibitory clauses. The Supreme Court has already held that where offences fall within the non-prohibitory clause the granting of bail has to be considered a rule.