KARACHI, Feb 6: The Sindh High Court ordered on Tuesday shifting of under-trial prisoners (UTPs) from solitary confinement cells to general wards in the province’s jails unless guilty of an offence under the Prisons Act.

A division bench comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab held that Rule 235 of the Prisons Rules does not empower the jail superintendent to keep a UTP in solitary confinement. It only authorises the superintendent to confine a UTP ‘separately’.

The rule says: “Under-trial prisoners may be confined separately in cell when in the opinion of the superintendent, it is necessary in the interest of prison discipline to do so, or under the order of the inspector-general (of prisons), or of the government”. Even in case of a prison offence, a UTP could be detained separately for 14 days at a time, it said while hearing a suo motu case regarding jail conditions.

The bench also constituted a committee headed by special home secretary Rasheed Alam, who attended the proceedings, to take measures of prison cells.

The committee is to consist of former Sindh High Court Bar Association president Akhtar Hussain, Advocate Mohammad Farooq, who is appearing for prisoners, federal government counsel Sofia Saeed and a representative of the Pakistan Works Department.

District and Sessions Judge Zafar Ahmed Khan Sherwani had said in his inspection report, which set off the suo motu proceedings, that the cells measured 10x5 feet while the jail authorities claimed that most of them were 10x12 feet. The committee would submit its report by March 13.

Provincial law secretary also attended the proceedings. Prosecutor-general Mohammad Ishaq Lashari produced a copy of the ordinance under which he had been appointed and authorised to appear before any court in any matter involving prosecution.

The Karachi Central Prison superintendent submitted an affidavit in a petition saying that UTP Arshad Pappu was not being kept in solitary confinement.