(1) No doubt, the right to life and liberty guaranteed by Article 9 of the Constitution is “subject to law” but the law, which can curtail this right, means a law that promotes larger public interest and not a law that impedes “fair trial” and limits “due process”.
(2) Inordinate or long delay in the conclusion of the trial for no fault of the accused and his protracted detention without determination of his guilt, amount to harassment and abuse of the process of law. Such delay can therefore be a valid ground for releasing the accused on bail and restoring his fundamental right to life and liberty.
General directions to eradicate the evil of delay in conclusion of trials.
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Inordinate and endless delay in the conclusion of a criminal trial is the singular most important challenge faced by our criminal justice system and has a devastating effect on the credibility, transparency, public confidence and health of our justice system. To meet this challenge coordinated efforts of all the organs of the Government; the Legislature, the Executive and the Judiciary, are required. One immediate solution is to activate the Provincial Justice Committees constituted under the National Judicial (Policy Making) Committee Ordinance 2002. The Chief Justices of the High Courts, who are the Chairpersons of these Committees, must convene and hold meetings of these Committees at least on quarterly basis. The ViceChairpersons of the Provincial Bar Councils may also be invited to attend and participate in meetings of these Committees, as the Bar is an important stakeholder in the justice system. Similarly, the District Criminal Justice Coordination Committees established under the Police Order 2002 should also be revitalized for reviewing and improving the operation of the criminal justice system.
Additionally, the High Courts should take up and address, on priority basis, the issues relating to appointments of judges in the District Judiciary against the available vacant posts and consider the creation of new posts, to reduce and rationalize the heavy dockets of cases before the general and special courts. Needless to reiterate that the High Courts have the constitutional mandate, under Article 203 of the Constitution, to supervise and control all courts, whether of general or special jurisdiction, established by law as per Article 175(1) of the Constitution, within their respective jurisdiction.
NAB/Cancellation of Bail
C.P.1809/2020
Chairman National Accountability Bureau thr. Prosecutor General Accountability, NAB, Islamabad v. Nasar Ullah
Mr. Justice Syed Mansoor Ali Shah
19-04-2022
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