It may be mentioned here that according to the amended law, the rights of an accused to file a bail petition during investigation or trial of the case has been withdrawn. And to this effect, on 21 March, the government issued a gazette notification under the Emergency Powers Ordinance 2007 with retrospective effect from 13 February.

However, in response to the HC invitation some senior lawyers have come forward with arguments saying that the High Court could take up the bail petitions for hearing, as the amended emergency rules were "not intended to debar the Supreme Court that includes the High Court Division from exercising their jurisdiction."

According to the age-old maxim, until proven guilty, an accused is deemed innocent. In the light of such legal tradition, filing of a bail petition by an accused has been included as his or her fundamental right and we believe it needs to be upheld. In a bid to cover risks the bond amount may be increased substantially for those seeking bail. But it also needs to be added that if the free movement of a hardened criminal like a terrorist or a serial killer or an anti-state operator jeopardises social or state security, as they may destroy evidence or intimidate witnesses, then the trying judge should act judiciously on the right to bail issue.

The issue arising out of civil liberty and human rights calls for a wider public debate. We believe the HC invitation has opened up an opportunity for a wider discourse on this important civil liberty and human rights issue involving the civil society and the media. We in the media stand ready to cooperate in such public discourse.