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ISLAMABAD, Jan 24 (APP):The Islamabad High Court (IHC) on Friday instructed the authorities to ensure the appearance of under-trial accused before the concern courts to avoid delay in trial of criminal cases.
The bench directed the Registrar to send a copy of this order to all trial courts hearing criminal cases. It said that the practice of granting bails to accused on the basis of delay in the trial should not be encouraged.
Justice Tariq Mahmood Jahangiri issued a written order on a bail cases of accused Muhammad Sadiq. The court said that it had previously rejected the bail petition of the accused and instructed the trial court to complete the trial within four months.
However, the accused again approached the High Court for bail and said that the decision in the trial court was delayed. The court order said that according to the order sheets of the trial court, the accused was not brought from the jail and presented before the court on 7 hearings.
It is surprising that the trial court did not even ask the relevant authorities the reason for the accused’s non-appearance. It is the duty of the courts to ensure the safety of the accused in judicial custody, the court said.
The order said that the well-being of the accused in custody is the responsibility of the trial courts. The failure to present the accused in court appears to be a collusion between the accused and the police authorities so that the accused can take bail by citing the delay as a reason.
It further stated that all trial courts in Islamabad should ensure the appearance of the accused in courts during the hearing of cases. Trial courts should issue show cause notices to the relevant authority for the non-appearance of the accused or write the reasons for the non-appearance of the accused in the order.
The IHC said that the practice of granting bail to the accused on the basis of delay in the trial should not be encouraged.
The court, while seeking a report on the non-implementation of the direction to complete the trial of petitioner Muhammad Sadiq’s case within 4 months, said, “Why was the trial not completed as per the court order of September 25, 2024?” The trial court should submit a report within 10 days.