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July 23, 2008 Wednesday Rajab 19, 1429


KARACHI: Authorities fail to act on SHC order in 10 months: Court police control



By Our Staff Reporter


KARACHI, July 22: Despite the lapse of a six-month deadline set by the Sindh High Court, the authorities concerned have failed to transfer the administrative control of the court police to the inspector-general of prisons, it has been learnt.

On September 4, 2007, a two-member bench of Sindh High Court comprising former Chief Justice Sabihuddin Ahmed and Justice Faisal Arab while disposing of a suo motu reference based on the reports of the then district and sessions judge east and complaints of the prisoners regarding the non-production of an under-trial prisoner (UTP) without any plausible reason, directed the authorities concerned to transfer the administrative control of the court police to the inspector-general of prisons within a reasonable period of time not exceeding six months and the court police should be strengthened and fresh recruitment should be made, if necessary, within the stipulated time to enable it to function efficiently.

The directions came after then special secretary of the Home Department Rasheed Alam, in a written statement, told the court that the administrative control of the court police would be shifted to the prisons department after making appropriate amendments to the Prison Rules and a summary in this regard had been moved.

He also informed the court that a sufficient number of small and big vehicles would be handed over to the prisons department for the transportation of under-trial prisoners and necessary budgetary sanctions for fuel and maintenance of those vans would also be provided. Some personnel of police department would be posted on deputation to the prisons department till an escort force was raised by the department, he added.

However, sources said, the home department and authorities cornered had not yet met the Sindh High Court’s deadline four months after it lapsed in March. The sources said that the authorities have made no efforts so far in respect of the SHC order that was not only creating hardship for trial courts to dispend speedy justice but the negligence on the part of the authorities cornered also amounts to gross contempt of court.

Adviser to the Chief Minister on Prisons Gul Mohammad Chakrani told Dawn that the transfer of the court police from the police department to the prisons department was in process as arrangements of vehicles, staff and necessary budget for the maintenance of the vehicles were being made. Mr Chakrani hoped that the process would be completed in a couple of months.

Advocates M. Ilyas Khan and Mohammad Farooq, who had assisted the court in the reference as amici curiae, have recently sent a legal notice to the home department asking it to implement the directions of the Sindh High Court without any further loss of time. Many attempts were made to get the home secretary’s version in this regard, however, he was not available for comments.







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