LAHORE: The Lahore High Court has observed that the jail authorities are bound to protect the rights of every prisoner with the same dedication and devotion which they show in case of a ‘VIP’.

Justice Sohail Nasir made these remarks on a petition filed by an under-trial prisoner questioning a delay of two weeks in his shifting from the Jhelum district jail to a hospital.

On being summoned, the prison authorities assured the court that in future such issues shall be finalised within three days.

According to the IG Prisons, the jail superintendent has been suspended as he was responsible for the negligence.

In his decision, Justice Sohail observes that this is unfortunate that in this country when such a situation is related to an influential, rich and powerful person, the entire machinery of the state comes into motion and all is to be done within minutes, whereas in case of a person like the petitioner having no social status the situation becomes otherwise and he is left at the mercy of correspondence between the authorities.

“Such discrimination cannot be allowed at any cost because life is precious for everyone,” he adds.

The judge states the rules indicate that even the jail superintendent has the authority to shift a prisoner in case of an emergent situation, however, this discretion is frozen if a prisoner is to be removed to a hospital in another station and for that he has to obtain permission in advance.

But it does not mean that such an exercise has to take place with an inordinate delay, because the priority is to protect the life of a prisoner, he maintains.

The judge remarks that this is the era of modern devices, the permission can be obtained in minutes. He notes that there are many instances available with the jail authorities where in case of urgency the jail superintendents have taken the permission on telephone so as to save the life of the prisoners.

The judge disposes of the petition with a direction to the jail authorities that in future, in case of an emergent situation the process of shifting of a prisoner (convict/under trial) shall be completed within three days. And in case of risk to the life of an ailed prisoner the jail superintendent will obtain the permission through time saving modes.

Published in Dawn, August 14th, 2021