KARACHI: UTPs’ fate hangs in the balance due to snags
By Tahir Siddiqui
KARACHI, Nov 4: The fate of over 7,000 under-trial prisoners hangs in the balance, as authorities this year failed to comply with more than 30 per cent orders for their production before trial courts.
The accused have not been produced before the courts in required numbers because there is a shortage of vans and escort staff, resulting in undue delay in the hearing of cases.
Justice is not only being delayed, but also denied, as the UTPs in over 200 cases have been under detention for periods much longer than the maximum sentences awarded under the offences they were charged with.
The court police, still attached administratively with the police department, have a small number of vans and a meagre strength of staffers, which is obviously not sufficient to transport over 400 UTPs daily from different penitentiaries to more than 160 courts.
The court police officials said that the shortage of prisoners’ vans and the staff was the main cause behind the non- production of the UTPs, as they had only 14 prisoners’ vans and only one armoured personnel car (APC) for the transportation of around 430 UTPs.
Besides, they said that the court police was facing acute shortage of staff, as less than half of the total sanctioned officials had been posted in the court police while the rest of the positions were still vacant.
The officials said that over 400 UTPs were required to be produced before the courts daily on an average. “This task can never be achieved with such meagre staff and shortage of prisoners’ vans,” they added.
Out of total sanctioned strength of 630 constables, they said, only 292 were posted in the court police. Moreover, as many as 10 sub-inspectors and 29 head constables were short, they added.
Under the prescribed rules, a regular prisoner’s van is meant for 26 people, including security guards and driver. However, the officials said that 40 to 50 UTPs were crammed into a single van.
The officials said that the number of personnel should be increased at least up to 1,000 and more vehicles must be provided so that the UTPs could be produced in a smooth manner before the courts.
They pointed out that the court police was being used by the range police for additional duties, such as deployment during the law and order situation or protocol for VIPs. “The production of the UTPs in the courts cannot be a priority for the court police as long as it is under the administrative control of the police department,” they added.
Inquires made by Dawn revealed that the courts issued about 58,341 orders this year for the production of the UTPs lodged in the Central Prison. However, 19,631 orders (over 30 per cent) could not be complied with.
The authorities at the District Malir Jail, better known as Landhi Jail, said they were not able to comply with 25 per cent orders for the production of UTPs. There were 71 UTPs involved in minor offences having maximum sentence from 15 days to six months. However, such UTPs had been in jail for the last many months, they added.
The officials said that 78 UTPs had been in the jail for over three years, though the offences they allegedly committed involved maximum punishment of two years. They said that these UTPs could have been released if only once they were produced in the respective courts.
A jail official said the courts always issued show-cause notices to the jail authorities for the non-production of the UTPs, while it was the responsibility of the court police to transport the interned prisoners from jail to the courts.
The lawyers dealing with cases in the lower courts also complained of “discriminatory policy” adopted by the authorities in the production of UTPs before the courts. They alleged that their clients were not being produced by the authorities, as the accused being tried in the special courts and high courts were on their top priority. According to the lawyers, the UTPs in anti- terrorism courts, accountability courts, banking courts, anti- corruption courts, customs court, anti-narcotics court were being produced regularly.
Inquiries revealed that courts in the five judicial districts issued over 110,000 orders in the year 2002 for the production of around 7,000 UTPs lodged in the Central Prison, District Jail Malir, Juvenile Jail and Women Jail. However, over 38,000 (35 per cent) production orders were not complied with.
According to the data collected from the Central Prison, the courts issued 76,665 orders for the production of the UTPs in 2002. However, 49,504 orders (over 64 per cent) were complied with.
The production rate of the UTPs lodged in Landhi Jail was about 69 per cent, as 25,915 out of 37,500 production orders were complied with during the year 2002.
