KARACHI, June 28: The authorities of the Central Prison Karachi are allowing remission to those who are greasing their palms, but those who are unable to do so are being denied the facility, submitted Abdul Hafeez Lakho, advocate, before a division bench of the Sindh High Court on Friday.
The bench, comprising Justice Zahid Kurban Alavi and Justice Wahid Bakhsh Brohi, was hearing a constitutional petition filed by Ms Zakia Dada, daughter of a convicted prisoner, Yousuf Dada, sentenced by an accountability court for Karachi Division.
Yousuf was sentenced to two years’ rigorous imprisonment with a fine of Rs67.3 million. He was to undergo an additional two years’ RI if he failed to pay the fine.
The courts should put an end to the activities of Mafias in jails who were minting money by cashing in on the miseries of convicts/undertrial prisoners, submitted Mr Lakho.
Additional Advocate-General Syed Abbas Ali, representing the state, did not reply to the point raised by the counsel for the petitioner. He sought adjournment submitting that the senior most AAG, Sarwar Khan, was appearing in the matter who was well conversant with the facts of the matter.
The counsel for the petitioner told the court that the superintendent of the Central Prison Karachi, Rashid Saeed, had made a statement before the court that the convict had completed his sentence on account of a remission awarded to him. Replying to a show cause issued to him, the jailer of the Central Prison also undertook to release Yousuf immediately, but he could not do so due to instructions from higher officials.
The AAG submitted that remission could not be given to the convict as he was sentenced by an accountability court under the NAB Ordinance.
He again requested the court to put off the matter to July 2, when AAG Sarwar Khan would be available.
The court observed that “a person is behind the bars, and every day counts.” The court again inquired from Mr Lakho about the proceedings on the show-cause notice.
The counsel informed the court that the show cause was still pending before the trial court. Yousuf was discriminated against for unknown reasons, he submitted relying on the jail roll produced by Rashid Saeed.
Qazir Naseer, a deputy superintendent of the Central Prison, on a question from the court, submitted that the Central Prison jailer was sick.
The counsel for the petitioner submitted that once remission was recorded in the jail roll of a convict, the matter ended then. The convict was 74 years old, submitted Mr Lakho.
The court put off the hearing to July 2 with direction that no adjournment would be given on July 2 and the matter would proceed whether the state counsel appeared in the court or not.
NOTICE: Another division bench of the SHC, consisting of Justice Sabihuddin Ahmed and Justice S. Ali Aslam Jafri, ordered the superintendent of Central Prison Karachi to appear in the court on the next date of hearing on an acquittal appeal filed by Usman Farooqui, former chairman of the Pakistan Steel Mills.
When the matter came up for hearing, the jailer, Rashid Saeed, was not present in the court.
Assistant jailer Khadim Husain, appearing on behalf of the jailer, told the court that he had brought the “history ticket” of the appellant for the perusal of the court. Answering a question from the court, he said the jail superintendent was on medical leave. When the court asked him to affirm this on oath, he submitted that he had learnt so.
The court then put off the hearing with direction to the IG Prison Sindh to verify that whether such leave had been granted to jailer Rashid Saeed.
The court also ordered the accused to appear in the court.
The accused moved the court seeking benefit of remissions awarded to him.
The appellant, Usman Farooqui, was sentenced to seven years’ RI with a fine of Rs100 million. He was to undergo an additional two years’ in case of default on the payment of fine.—APP