KARACHI: Detention illegal if UTPs not produced: High Court ruling
By Our Staff Reporter
KARACHI, Nov 24: The non-production of an under-trial prisoner on the date of hearing of his case would be treated as detention without authority with effect from March 31 2007, a division bench of the Sindh High Court observed on Friday.
Bench, which consisted of Chief Justice Sabihuddin Ahmed and Justice Faisal Arab, was passing an interim order in a suo motu reference on the condition of jails and of prisoners detained for trial.
Earlier the jail authorities informed the bench that a large number of vans would be made available to bring prisoners to trial courts so as to avoid non-production. The bench remarked that the production situation was far from satisfactory. Non-production will be treated as illegal confinement and dealt with accordingly, it said.
The bench directed all trial courts to furnish lists of cases on a daily basis wherein prisoners in custody were not produced. Simultaneously, the superintendents of the Central Prison and Special Prison, Malir, shall submit quarterly reports to the member of the SHC inspection team (MIT) listing the names of prisoners not produced in trial courts on the dates of hearing. They would also state reasons behind non-production.
The bench observed that delay in disposal of cases was caused not only by non-production of under-trial prisoners but also by non-availability of witnesses the conduct/attitude of parties.
It directed all trial courts to take strict measures against non-production of witnesses. In case witnesses were not available, the courts should proceed with the trials expeditiously in accordance with the law instead of showing undue latitude to the prosecution or prolonging the agony of prisoners.
The bench asked the provincial government’s prosecutor-general to explain the measures being taken for expeditious trial of offences.
As for the legal question whether Rule 235 of the Prison Rules was ultra vires of the parent enactment, the Prison Act, the validity of the rule would be considered on January 17, 2007, the next date.
The rule allows discretion to the jail superintendent to keep under-trial prisoners in cells. Additional Advocate-General Abbas Ali pointed out that the practice of keeping under-trial prisoners in cells rife in other provinces. The bench said cells were meant for convicts.
Advocates Ilyas Khan and Mohammad Farooq pointed out that an additional sessions judge of district South had failed to comply with the bench direction for submission of a list of under-trial prisoners and the offences they were being tried for. The bench issued notices to the judge.
The Central Prison superintendent informed the bench that a psychiatrist, Dr Mohammad Ajmal Mughal, was regularly visiting the jail and was treating prisoner Zubair bin Abdullah as directed by the bench. He would be shifted from jail if advised by the psychiatrist.
The bench asked the trial courts concerned to promptly try the cases against prisoners Shahid Kamal, Tahir Gul, Faisal Mujahid, and Mohammad Faisal, who had complained that they were not produced on several dates and that the jail officials demanded bribe for their and other prisoners’ production before courts.
