HYDERABAD: Court seeks report about prisoner
HYDERABAD, Feb 8: The Sindh High Court, Hyderabad circuit, on Tuesday directed the Nara special prison authorities of the to submit a report regarding an under-trial prisoner who had not been produced in the court since Dec 23, 2003.
Justice Mohammad Moosa K. Leghari passed the order on an application filed by prisoner Khamiso, son of Allah Bachayo Shar.
After going through a report received from a trial court, the court ordered the prison superintendent to give details about dates of hearing when the prisoner was required to be produced and the reason for his non-production.
A separate report has been called from the trial court regarding the present state of the prisoner's case.The matter was adjourned till Feb 22.
In his application, the prisoner stated that a charge-sheet in the case against him was presented by the Nooriabad police two years ago.
He alleged that the case was registered against him after he traded hot words with police, who deprived him of Rs2,300 on the pretext of his body search while he was going in a coach from Mirpurkhas to Karachi. He claimed that in the FIR, the name of the accused was mentioned as Illahi Bux, son of Murad Khoso, though his name was Khamiso and despite this anomaly he was challaned.
He said his family could not bear court expenses because they were poor. He appealed to the court to order an inquiry into registration of the case so that justice could be ensured to him.
The additional sessions judge of Kotri, Jan Mohammad Lanjar, submitted a report in the court, stating that the accused was challaned before the Kotri judicial magistrate on April 21, 2003, under section 17(3) of the Hudood Ordinance, registered with Nooriabad police.
He said the accused in the case included Inayat alias Ghulam Rasool and Illahi Bux alias Khamiso, confined in jail, and Pirano, who was absconding.
He stated that non-bailable warrants against the absconding accused and production order for the interned accused were repeatedly issued. However, he said neither the jailed accused persons were produced in the court by the authorities nor the absconding accused persons were arrested by police.
He said on Oct 18, 2003, Inayat alias Ghulam Rasool and Illahi Bux alias Khamiso filed a bail application which was rejected by the court on Jan 5, 2004.
He said as far as the claim of incorrect identity of the prisoner was concerned, no authenticated proof had been produced and added that police had challaned him as Illahi Bux alias Khamiso, son of Murad Khoso.