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Download PDF The caretaker government has brought further amendment to the Emergency Powers Rules 2007 to provide for bail in some cases under the penal code.
A gazette notification was issued on Sunday to that effect.
According to the revisions, persons facing trial for offences specified in the rules however will not be entitled to seek bail at any stage–from the first information report to the judgment.
This is the third time changes have been made to the rules framed under the Emergency Powers Ordinance 2007.
Earlier on March 21, the government promulgated an amendment, suspending the rights to petition for bail and seek redress from any higher court until a case is resolved in a trial court. It caused uproar among the lawyers, litigants and rights activists.
In the section pertaining to bail, the amended ordinance says, “Regardless of whatever is stated in sections 497 and 498 of the Criminal Procedure Code or any other law, an accused under the Emergency Powers Ordinance will not be released on bail during the enquiry, investigation and trial of the case against that person.”
The offences under the emergency rules include corruption, smuggling, hoarding, black-marketing, money laundering, illegal possession of firearms, explosive substances, foreign currency, and narcotics, tax evasion and other crimes considered a threat to security of the state, people and the economy.
The second amendment [March 21] had suspended the right to bail also for those accused of offences under the penal code.
Following that, no hearing on bail petitions in cases filed under the Arms Act, Explosives Substances Act, Foreign Exchange Regulation Act and Penal Code has taken place in any court of the country.
The latest changes came in the wake of criticism from different quarters. Now, the ones charged with offences falling outside section 14 of the emergency ordinance may seek bail.
According to the amended rules issued yesterday, the government by April 18 will decide which of the offences under the emergency rules are to be made bailable.
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