KARACHI: Court asks AIG to explain why 153 prison vans not purchased
By Our Staff Reporter
KARACHI, April 25: The Sindh High Court asked the additional inspector-general, who heads the police purchase committee, to inform it on May 23 that why 153 additional prison vans had not been acquired despite the release of Rs370 million for the purpose by the home department in November 2006.
Additional home secretary Asif Haider, who assured the court in November last that more vehicles would be commissioned to ensure that under-trial prisoners (UTPs) were produced in courts regularly, was put on the mat by a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Sain Ali Dino Metlo for the police failure to even place an order.
The bench, which is conducting suo motu proceedings on the plight of prisoners, remarked that it had shown great indulgence in dealing with the matter and would henceforth strictly enforce the provisions of law. Following Mr Haider’s undertaking, the court had ordered that the non-production of an under-trial prisoner on a date of hearing would render his custody unlawful after March 31. Contempt proceedings might have to be initiated, the bench hinted.
Special home secretary Rasheed Alam said the home department had sent several reminders to the police, who enjoyed administrative and financial autonomy under the Police Order. The purchase of vehicles had probably been held up due to technical reasons. The bench summoned the additional IG for an explanation.
Mr Alam informed the bench that according to reports collected by him from every jail in the province, all UTPs had been shifted to barracks from cells meant for convicts. The bench directed the district and sessions judges to inspect the jails to verify and ensure the segregation of UTPs.
He also told the bench that plans had been submitted for the construction of additional barracks at the Central Prison, Karachi, the District Jail, Malir, and the Central Jail, Hyderabad.
While the projects awaited sanction, the finance department had been requested to keep an allocation of Rs50 million ready so that there was no difficulty at the time of drawing up of the provincial budget.
The special secretary also submitted a district-wise list of UTPs accused of offences punishable with three years’ imprisonment or less.
There are 3,472 such prisoners in the province. By far the greatest number, 1260, are lodged in the Central Prison, Karachi, while 418 more are confined at the District Jail, Malir.
The bench asked the district and sessions judge to ensure prompt disposal of minor offences so that the accused were not kept in custody for long. Mr Alam sought more time for furnishing a list of UTPs kept in sub-jails or police lock-ups in the interior of the province.
The bench asked the advocate-general and Advocate M. Ilyas Khan, amicus curiae in the case, to elaborate the legal provisions regarding the transfer of ‘court police’ to the prisons department.
It said the availability of adequate logistic support to the prison superintendents should greatly improve the lot of prisoners. If the staff and vehicles responsible for producing UTPs in courts were under the control of prisons department and jail superintendents, timely and regular production of UTPs could be ensured and trials expedited, it remarked.
Additional Advocate-General Rafiq Rajori, federal government standing counsel Sofia Saeed Shah and Advocate Mohammad Farooq also assisted the bench.
