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November 12, 2003 Wednesday Ramazan 16, 1424


KARACHI: Notice issued to jail chief on transfer of activists


KARACHI, Nov 11: A division bench of the Sindh High Court (SHC), comprising Justice Zahid Kurban Alavi and Justice Zia Pervez, on Tuesday issued notices to the inspector-general for prisons, Sindh, and the superintendent of the Karachi Central Prison for Nov 19 in a constitutional petition challenging the transfer of 130 workers of the Mohajir Qaumi Movement to prisons in the interior of Sindh.

The petition was filed by Shamsher Ahmed Khan, convener of the MQM-H Legal Aid Committee. Advocate Sohail Hameed, appearing for the petitioner, submitted that the workers of MQM-H who were detained in the Karachi Central Prison and the Malir District Jail were transferred to different jails of Sukkur, Larkana, Khairpur, Sanghar and Jacobabad on the orders of the inspector-general of Prisons, Sindh.

The counsel submitted that the transfers deprived the under-trial prisoners of speedy justice, chance to meet their relatives and family members on religious occasions.

The petitioner maintained that under section 29 (2) of the Prison Act 1900 , the IGP was not vested with the jurisdiction to transfer the UTPs. This act was also a violation of the Article 5, 9, 14 and 25 of the Constitution, submitted the counsel for petitioner.

The bench after hearing the initial arguments issued notices to the respondents, including the Sindh chief secretary, the home secretary and others.

Another bench of the SHC, comprising Justice Sabihuddin Ahmed and Justice Amir Hani Muslim, allowing an appeal filed by Muneer Ahmed and Ghulam Muhammed, ordered the restoration of allotment made in favour of the petitioners.

The petitioner had challenged the cancellation of a plot measuring 100 square yards in Khayaban-i-Shaheen. —APP






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