IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.
No.D-2280 of 2024
|
DATE |
ORDER
WITH SIGNATURE(s) OF JUDGE(s) |
For hearing of main case
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03.09.2024
M/s Aamir Nawaz Warraich & Syed
Mureed Ali Shah, advocates for petitioner
Mr. Saleem Akhtar
Burriro, Additional Prosecutor General Sindh
Mr. Jan Muhammad Khuhro, Addl: A.G.
& Muhammad Kamran, A.A.G.
DSP Raza Mian, CPO-II Legal
SP Shamsuddin Agha, District Prison
Jacobabad, ASP Muhammad Yousuf on behalf of IG Prisons and DSP Ghulam Murtaza
of Central Prison Larkana
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Through
this constitution petition under Article 199 of the Constitution of Islamic
Republic of Pakistan, 1973 it is prayed as under:
(a) That, this Hon’ble
Court may kindly be pleased to direct the respondents 1 to 4 to explain such
highhandedness and explain why the petitioner’s father is kept in dark ward
without any facilities according to jail manual.
(b) To direct the
respondent No.2 to direct the respondent No.10 to return/transfer/shift the
custody of the father of the petitioner namely Salamat Ali Lakho to Central
Jail Hyderabad with “B” Class facilities and allowance of meeting with family
members.
(c) To direct
respondent No.8 to provide the “B” Class facilities to the uncle of the
petitioner, namely, Amanat Ali Lakho as he is 17 grade officer in Local
Government.
(d) That, any other
relief, which this Hon’ble Court deems fit and proper under the circumstances,
may be awarded to the petitioners.
Notices
were issued to the respondents as well as Advocate General Sindh and Prosecutor
General Sindh. Comments are filed by Inspector General Prisons, Sindh, Senior
Superintendent, Central Prison, Sukkur, Superintendent, District Prison,
Jacobabad and Senior Superintendent, Central Prison, Larkana, which are taken
on record, copy whereof has been supplied to the counsel for petitioner.
Learned
counsel for petitioner does not press prayer (c) of the petition as, it is
submitted that, the facilities under “B” Class have already been granted to
accused Amanat Ali by the trial Court, the same is accordingly dismissed.
So
far as other prayers are concerned, it is submitted by the counsel for petitioner that all the cases
registered against the petitioner are pending trial at Mirpurkhas and Hyderabad and
the petitioner has been shifted to District
Jail Jacobabad, it will cause delay in disposal of cases. It is further
submitted that plea of Inspector General Prisons that conduct of the father of petitioner,
namely, Salamat Ali is unsatisfactory but no document has been filed in support
of such plea raised by the jail authorities. So far as, Senior Superintendent
Central, Hyderabad is concerned, comments have not been filed on his behalf.
Admittedly, all the cases are pending trial against the father of petitioner at
Mirpurkhas and Hyderabad. To avoid further delay, Superintendent, District
Prison, Jacobabad is directed to shift the custody of accused Salamat Ali from
District Prison, Jacobabad to Central Prison, Hyderabad, provisionally for a
period of two months. In case, there is any issue of conduct of accused Salamat
Ali at Central Prison, Hyderabad, IG Prisons Sindh would be at liberty to pass
appropriate orders while assigning the reasons. Let the copy of this order be
sent to the Inspector General Prisons, Sindh as well as Superintendent,
District Prison, Jacobabad, by fax for compliance.
The
instant petition is disposed of in the above terms.
J U
D G E
J
U D G E
Gulsher/PS