G-B Chief Court bars arrests from court premises

GILGIT: The Gilgit-Baltistan (G-B) Chief Court has stopped the law enforcement agencies (LEAs) from arresting any suspect from its premises, particularly in cases where bail has been denied by subordinate courts.

“The Court premises shall be officially declared as a restricted area, from where no arrest of an accused person shall be made whose bail facility has been declined from any Subordinate Court in the District Gilgit unless directed otherwise by the Court,” an official notification issued by the Registrar of the Gilgit-Baltistan Chief Court Ghulam Abbas Chopa.

According to the notification, the Chief Justice of the Chief Court has issued the orders using his powers to ensure the protection of the legal process and the rights of accused individuals. The notification states that the court premises, which now include the area extending from the Bar Building to the Anti-Terrorism Court in Gilgit, will be officially declared as a restricted area.

The notification said the decision was taken to ensure that the accused have unobstructed access to the Hon’ble Gilgit-Baltistan Chief Court to avail themselves of legal remedies as provided under the law. It said the declaration applied specifically to bail matters arising from the District Courts of Gilgit and did not affect the arrest of other individuals under the law from the Court premises.

The decision comes in response to growing concerns raised by the High Court Bar Association Gilgit and the District Bar Association Gilgit over repeated conflicts between law enforcement agencies and members of the legal fraternity regarding the sanctity of the court premises.

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The decision comes after numerous reports and complaints from the legal community in Gilgit about the heavy-handed tactics of law enforcement agencies, who have allegedly made arrests within the court’s vicinity, leading to disturbances and a breach of the court’s sanctity. The legal fraternity argued that such actions not only undermine the judicial process but also intimidate individuals seeking justice.

The directives have been welcomed by the legal community, who view it as a necessary step to preserve the independence of the judiciary and to safeguard the rights of individuals. Gilgit-Baltistan High Court Bar Association President Tanveer Akhtar expressed his approval, stating, “This decision reaffirms the principle that the court premises are a place of justice, not of fear. It is a crucial step in ensuring that the judiciary remains independent and that individuals seeking justice are not intimidated by the presence of law enforcement within the court’s vicinity.”

He mentioned that in the last two to three weeks, law enforcement agencies had been arresting individuals who wanted to surrender before the court to seek bail before arrest (BBA). “These arrests carried out at the court gate, had led to scuffles with lawyers and undermined the rights of citizens. Consequently, the legal community had requested the court to intervene and resolve the matter,” he added.