KARACHI: Non-production without valid reason unlawful: SHC ruling on undertrials
By Shujaat Ali Khan
KARACHI, Sept 4: The non-production of an under-trial prisoner (UTP) without any plausible reason would render his detention unlawful, a division bench of the Sindh High Court declared on Tuesday.
Disposing of a suo motu reference based on district judges’ reports and complaints by prisoners, the bench, comprising Chief Justice Sabihuddin Ahmed and Justice Faisal Arab, directed the trial courts to maintain a record of production of UTPs and non-production should be intimated to the high court.
A copy of the intimation should be sent to the inspector-general of prisons, who would seek an explanation from the jail superintendent concerned. The prison authorities would henceforth be responsible for the production of UTPs. Monthly reports about production would be submitted to the high court by the trial courts.
Recording the statement of Special Home Secretary Rashid Alam that a summary to transfer the administrative control of court police to the inspector-general of prisons had been floated, the bench ordered that the process should be completed within a reasonable period of time not exceeding six months. The court police should be strengthened and fresh recruitment should be made if necessary within the stipulated time to enable it to function efficiently.
Noting the secretary’s assurance that sufficient big and small vehicles had been handed over to the prisons department for transportation of the UTPs and funds for their maintenance and repairs had also been transferred, the bench desired that workshops and maintenance facilities should preferably be set up within the jail premises. Convicted and under-trial prisoners could be trained as mechanics. They should also be trained in other vocations so that they become useful members of society on their acquittal or release. A cottage industry could be set up in jails for the purpose.
Advocates M. Ilyas Khan and Mohammad Farooq assisted the court as amici curiae.
Medical admission
The bench allowed a petition filed by Advocate Khalid Jawed Khan on behalf of a candidate whose father is domiciled in Punjab for admission to a medical college. The admissions committee declined to consider his case as, under the rules, a candidate’s father should also be domiciled in Sindh in order for him to be eligible for admission.
