PESHAWAR: The Peshawar High Court (PHC) on Tuesday approved the bail petition of a 16-year-old Afghan national. A single-member bench of the PHC, headed by Chief Justice Justice SM Attique Shah, ruled that the petitioner cannot be kept in jail under the Juvenile Justice Act, and is entitled to release on bail in accordance with the law.
The bench issued the orders during the hearing of a writ petition filed for the release on bail of the minor, Hamza, through his counsel, Khushnuma Khan Advocate.
The petitioner’s counsel informed the court that Hamza is 16 years old and was arrested on February 28, this year, within the jurisdiction of Khazana Police Station on the basis of being an Afghan national. A case was registered against him under Section 14 of the Foreigners Act.
The prosecution maintained that the petitioner neither possessed a passport nor a valid Pakistani visa, as he was residing in the country illegally. The defense counsel argued that under the Juvenile Justice Act, a minor cannot be kept in jail unless involved in a serious offence. He stated that the petitioner is an Afghan national who was born in Pakistan and, therefore, does not possess a passport or visa.On the court’s direction, the minor was produced via video link during the proceedings.
