PESHAWAR: The Peshawar High Court has guided all area and sessions courts to strictly comply with the National Judicial Plan, 2009, specifically for the fast disposal of bond applications.
A bench containing Justice Roohul Amin Khan and Justice Musarrat Hilali observed that in case of non-cooperation by any stakeholder of the justice system, the sessions judges must report it to the high court’s chief justice with the registrar.
It issued the regulations throughout the hearing into a request of Mian Mohammad Shah against the delay in decision on a pre-arrest bail application of the accused in case, Naeem Jan, by a subordinate court as well as had actually also asked for the high court to route the subservient criminal courts in the district to determine bond pleas within the duration defined by the NJP 2009.
Orders fast disposal of bond appeals
The bench dealt with the request observing that the sessions judges have the task to purely follow the judicial plan.
It additionally routed the high court’s additional registrar (judicial) to send copies of the order to all sessions judges in the province for compliance.
Syed Azizuddin Kakakhel, legal representative for the petitioner, stated an essential function of the NJP 2009 was the mechanism for prompt disposal of criminal cases as well as the time frameworks for the disposal of cases.
He said under the plan, bond matters under Area 497 of the Code of Lawbreaker Treatment must be determined within a period of three days by the magistrate, five days by the court of sessions as well as seven days by the high court.
The attorney said the petitioner had lodged an FIR at the Nowshera Cantonment Police Headquarters on Dec 24, 2020, under Area 489-F (dishonoring of cheque) of Pakistan Penal Code against accused Naseem Jan
. He included that the charged obtained an acting pre-arrest bail from a secondary court on Dec 26, 2020, and after that, the issue remained on without final decision by the court.
During the pendency of the application, the implicated withdrew his pre-arrest bail application, so the petitioner really did not press for the early disposal of that application as well as instead asked for the court to provide instructions for the NJP application.
The bench observed that the NJP 2009 also offered certain time period, device and also guidelines for choice on civil issues too, so it ought to be purely complied with by all courts.
“The delay in disposal of criminal instances, particularly, in bail issues is mainly observed by this court as a result of non-cooperation of pertinent stakeholders of justice sector,” it observed.
The court included that at countless celebrations the courts had tried its level best to realise stringent compliance of the NJP to the justice industry stakeholders for satisfying their legal responsibilities in the direction of prompt disposal of bail applications, yet at some time of no productive outcome.
“In case of attorneys, bench council being the regulatory authority of lawful fraternity might make adherence towards revealing their interest in the early disposal of bail applications,” it ruled.
The bench included that when the issue of bond before arrest was needlessly delayed by the implicated or by the complainant, the appropriate court should submit record regarding the reason of the delay to the high court’s chief justice with the additional registrar (judicial) and also ought to additionally generate the information of order sheets.