As the picture shows, UTPs are brought to courts in large groups, often handcuffed to a single, long chain. As a result, they are dragged from court to court, face serious problems navigating the multi-storey court buildings, and are denied their right to meet friends and family members or even visit the toilet.
Furthermore, the sole lock-up in the City Courts has a 60-person capacity but the number of UTPs kept there averages between 400 and 600 on a daily basis. Ejaz, a police official in the lock-up, told Dawn that the grossly inadequate space “obviously creates problems for both the prisoners and police staff.” He added that the police cannot keep high-profile prisoners separate from those involved in minor cases because of the limited room.
Inconveniencing police & prisoners
Talking to Dawn, various groups of UTPs at the City Courts complained that being attached to a single chain rendered them uneasy and unable to even shake hands with their visitors.
Friends and family of the prisoners often come to the courts to meet them, hoping for a chance to share a conversation over some food. But UTP Naseem pointed out that since the prisoners are forced to move in a large group, “we cannot share the food with so many people yet feel ashamed if we simply ignore them and eat alone.” There is also no possibility of a private conversation. Another prisoner, Javaid, complained that the police did not even let them visit the toilet since they have to move in a group.
The prisoners complained that since they are chained together, each of them has to visit eight or ten courts and most of their time is therefore wasted, while friends and family members wander along. “We have already attended our hearing but have to wait for the rest of the people fettered to us to be produced,” said a group that has been under trial for different crimes for the past two or three years. They complained that their wives wanted to discuss domestic matters but could not do so in the presence of such a large group.
Requesting anonymity, other prisoners complained about the prisons’ staff and alleged that upon a visit by relatives, the UTPs are forced to bribe the officials. They also raised the issue of delays in their case hearings and appealed to the Chief Justice of the Sindh High Court, Sabihuddin Ahmed, and the Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry, to take suo moto notices of the injustices suffered by under-trial prisoners and ensure the quick disposal of cases.
The practice of moving prisoners in large groups creates problems for the police as well. Iqbal, a police assistant sub-inspector accompanying a group of UTPs, told Dawn that “we face the wrath of the judges every day. Each judge orders us to produce the prisoner as quickly as possible but this is extremely difficult in such a large group.” He said that the prisoners thus chained together sometimes quarrel over who should be produced first and such situations become very difficult to control.
Iqbal suggested that no more than four people should be handcuffed to one chain, and also requested that the lock-up be expanded so that prisoners could easily wait for their turn to be taken to their prison.
A serious issue
Upon being contacted by Dawn, the president of the Karachi Bar Association, Iftikhar Javaid Qazi, said that these issues have been raised repeatedly by the KBA but to no effect. Referring to the shortage of space in the City Courts’ lock-up, he suggested that space could be increased if Canteens 1 and 2 and their cabins were demolished. He offered the view that 13 canteens on the premises of the City Courts are sufficient for the lawyers and litigants, and said that the additional canteens are being used by touts.
Mr Qazi criticised the officials for not taking an interest in such problems which need urgent resolution, and said that since these matters are related to the judiciary, lawyers and the police, representatives of the three groups should meet and find a permanent solution. He pointed out that UTPs have to bribe the jail police in order to be produced in court and said that therefore, the entire responsibility for delays rested with the jail staff that does not produce prisoners in court. Mr Qazi added that the KBA has also raised the issue of the issuance of prisoners’ vans and budget.
A senior lawyer, Chaudhry Abdul Sattar, said that the production of a number of UTPs bound by a single chain is a matter of grave concern that needs prompt attention by the provincial government. He pointed out the danger of the UTPs’ escape since they are accompanied by just two or three policemen to the courts, and added that while hundreds of prisoners are brought to the courts, the number of police constables is very limited.
However, ASI Zafar Iqbal rejected the allegation that the courts police are to blame for not producing UTPs in court. He said that this responsibility lies with the jail authorities and showed Dawn documents signed by jail superintendents on which the names of the UTPs to be produced in court were recorded. According to Mr Iqbal, the courts police have to follow a list prepared by jail officials.
Staff and resource shortage
The in-charge of the courts police, Deputy Superintendent of the Police (DSP) Pervez Iqbal, informed Dawn that of the 630 posts for courts police constables, 338 are lying vacant. “If a constable is absent for some reason or is suspended, the number is further limited and many [personnel] have to perform duties as guards,” he said.
According to Mr Iqbal, the existing staff have to transport UTPs from the Central Prison, the Youthful Offenders Industrial School, the Special Prison for Women, the Remand Home Nazimabad, the Darul Aman Nazimabad and the District Jail Malir to the Supreme Court Karachi Registry, the Sindh High Court, the City Courts, the FIA Banking Courts, the National Accountability Courts, Anti-Terrorism Courts and the Labour Courts. In addition, he said, the courts police also have to pick and drop patients from various city hospitals, Customs Courts, Anti-Corruption Courts, Labour Courts, Judicial Complexes No 1 and 2, as well as the Sessions Courts No. 1 and 2 inside the jail.
Referring the Police Rules of 1831, the DSP said that one UTP is supposed to be produced by one constable, two to four UTPs are to be accompanied by two policemen and a group of five to nine UTPs should be produced by three constables. If the number of prisoners lies between ten and 12, five constables as well as a head constable should be present.