IHC CJ bars courts from ordering ex-parte proceedings

Chief Justice of Islamabad High Court (IHC) Justice Athar Minallah Wednesday barred the courts to order ex-parte proceedings or dismissal of petitions for non-prosecution in the current situation of coronavirus outbreak.
In this regard, the IHC office statement said that consequent to the request made by the Islamabad Bar Council as well as president IHC Bar Association, the IHC CJ ordered that owing to the prevailing emergency situation in the country, the period of limitation prescribed by laws in filling appeals and petitions in this court as well as in the civil and district courts of Islamabad till the time the situation returns to normalcy, shall be deemed to be condoned, and the court shall be deemed to be closed during the relevant period in the public interest.
It further said that during the above situation, ex-parte proceedings or orders regarding dismissal for non-prosecution shall not be ordered by the courts.
The order stated that the IHC chief justice would visit Islamabad district courts on Thursday (today) to see the arrangements and precautionary measures.
In this connection, he said that everyone was strictly advised to observe the policy of "social distancing".
Meanwhile, Abid Saqi Advocate, vice chairman of the Pakistan Bar Council (PBC) welcomed, appreciated and acknowledged the meritorious and highly laudable judicial intervention by the IHC chief justice pertaining to prisoners' rights and thus has invented a people-oriented jurisprudence.
He maintained, "Chief Justice IHC, by passing an order, the other day, to conditionally release 408 prisoners from Adiyala Jail in a bid to avoid the risk of COVID-19 and also issuance of bail for prisoners, who are facing trial in minor crimes, in order to prevent the spread of coronavirus, is really an exemplary judicial decision/intervention, which needs to be followed by other superior courts of the country."

Copyright Business Recorder, 2020

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