IN THE HIGH COURT OF SINDH AT KARACHI
Old Const. Petition No.D-594 of 2011
New Const. Petition No.D-2170 of 2011 (Karachi)
Date Order with signature of the Judge
1. For order on Misc. No.13492/2011.
2. For order on Misc. No.13493/2011.
3. For hearing of Misc. No.12125/2011.
4. For hearing of Misc. No.12126/2011.
5. For hearing of Misc. No.12127/2011.
6. For Katcha Peshi.
7. For hearing of Misc. No.11132/2011.
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Mr. Shafi Muhammad Memon, Addl. A.G. along with Nusrat Hussain Manga, DIG Prison Karachi Region, Abdul Majeed Siddiqui, DIG Prison Sukkur Region, Nazir Ahmed Sheikh, Addl. Secretary W&S Department, Aftab Ahmed Soomro, Project Director Police & Prison Works, Pir Shabbir Ahmed Jan Sarhandi, Superintendent Central Prison Hyderabad, Ghulam Murtaza Shaikh, Superintendent Central Prison Nara Hyderabad, Abdul Ghaffar Dahar, Superintendent Central Prison-I Larakana, Shakeel Baig, Assistant Superintendent Central Prison Hyderabad, Imdad Mirza, Assistant Superintendent Central Prison Karachi and Akhtar Hussain Dawach, Executive Engineer Provincial Building Division, Hyderabad.
Mr. Abrar Ali Khichi, Assistant Prosecutor General, Sindh.
Mr. Ahmed Khan Bugti, Advocate holds brief for Mr.Ghulam Dastagir A. Shahani, Advocate for Applicant/Intervener Tahir alias Aijaz Ahmed.
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Additional Secretary representing Secretary Works & Service is not in a position to respond to the query of the Court in respect of repair and renovation work under process in Central Prison-I Larakana. A report has been filed by the Superintendent Central Prison-I Larkana which shows that hardly 20% work has been completed and none of the barracks is in a position to retain the prisoners. Besides we have also called report from the District Judge, who in his detailed report has stated that the entire Central Prison-I Larkana is in a shattered condition and requires extensive repair and renovation work before the prisoners could be housed in barracks. His report further reflects that there are ditches full of dirty water serving as incubation centre for mosquitoes and, therefore, the prisoners till repair and renovation work is completed cannot be housed in barracks. Addl. Secretary further is not in a position to state as to the amount available for the completion of entire repair and renovation work. Let Secretary Works and Services and Chief Engineer Buildings to effect personal appearance before this Court tomorrow i.e. on 08.9.2011 at 8:30am in order to address the query in respect of the Central Prison-I Larkana.
As to the Central Prison Hyderabad, Addl. Secretary Finance Rafiq Ahmed on 21.4.2011 has assured availability of Rs.27 Million in respect of Central Prison Hyderabad and had released Rs.11.5 Million for repair and renovation work of Central Prison Hyderabad, whereas Rs.15 Million was to be released in this fiscal year, this amount till date has not been released. Superintendent says that the entire jail is in a total dilapidated condition and during this monsoon season due to heavy rains the roofs of the barracks/cells had fallen and consequently he had to shift the prisoners to other barracks/places to save their lives. Akhtar Hussain Dawach, Executive Engineer, Provincial Building Division, Hyderabad, states that earlier Rs.11.5 Million has been utilized in repair and renovation work of 08 barracks, out of which 06 have been handed over, whereas 02 would be handed over within 15 days. As to the remaining 12 barracks he states that the maintenance and repair expenses has not been released till date and, therefore, even the minor works are left unattended for want of fund. There is no representation on behalf of the Secretary Finance to address this issue. Learned Addl. A.G. says that he has duly informed the Secretary Finance but nobody is in attendance. Let notice for personal attendance of the Secretary Finance be issued for tomorrow at 8:30am, he should effect appearance along with entire records regarding release of maintenance and repair budget for jails especially Hyderabad and also the date when balance amount agreed by the Addl. Secretary Finance on 21.4.2011 in respect of Central Prison Hyderabad would be released.
Superintendent Central Prison Hyderabad informed that earlier he has requested for creation of new vacancies in jail as the present strength of jail staff is not sufficient to control number of prisoners housed in Central Prison Hyderabad and consequently he had placed before this Court a details of vacancies which needs to be created. He has further referred to the assurance of the Secretary that such request for creating new vacancies would be considered and a provision would be made in the next fiscal budget, but till date his request is pending unattended. He has further stated that not only I.G. Prisons but Home Secretary has taken up the matter in respect of creation of new vacancies to control the prisoners housed in Central Prison Hyderabad, which still remained unattended. Secretary Finance would also come prepared on this issue.
Superintendent Central Prison Nara has pointed out that the directions of this Court in respect of the sanitary and repair of road in front of Central Prison Nara till date have not been complied with. There is no representation on behalf of the Chief Engineer, S.I.T.E., Karachi. The record reflects that Ms. Lubna Yaqoob, Law Officer, S.I.T.E. along with Kamil Jafferi, Estate Engineer, had effected appearance and in their presence notices were issued to the Chief Engineer, S.I.T.E., Karachi for his personal appearance. The record further reflects that such notices were duly issued on 12.8.2011 to the Chief Engineer, S.I.T.E., Karachi despite no one is present on his behalf. Let show-cause-notice be issued to the Chief Engineer, S.I.T.E., Karachi as to why the proceedings for disobedience of this Court may not be initiated against him. Registrar of this Court would communicate this order to the Chief Engineer on telephone so that his attendance be procured for tomorrow at 8:30am.
It is further complained by both the Superintendents Central Prison Hyderabad and Nara that an undertaking was given by Mr. Javed Bukhari, Advocate on behalf of the HESCO for providing second electricity connection to the Central Prison Hyderabad and Nara and demand note amount was to be paid through six installments. Per Superintendents, first installment has been paid, but till date connection has not been provided. Let Chief Engineer, HESCO, to effect appearance and to explain as to why order dated 02.6.2011 has not been complied with.
Superintendent Central Prison Nara further states that due to heavy rains the roofs of the many barracks have been chipped down and there is heavy leakage not only causing inconvenience to the prisoners but risk to their lives and, therefore, immediate repair and renovation is required. In response Akhtar Hussain Dawach, Executive Engineer, states that no fund whatsoever was available to carry out such work. Secretary Finance also to come prepared on this issue as well.
On the last date from the security point of view condition of Central Prison Karachi was examined and it was found feasible that barbed wires and some fences on the boundary wall of that portion of Central Prison Karachi be installed which faces private constructions/buildings and in consequent thereto Aftab Ahmed Soomro, Project Director Police & Prison Works Division, has submitted an estimate which reflects that a sum of Rs.53,31,645/- is required for installing such barbed wires/fences in order to ensure that nothing is thrown inside prison from nearby buildings. Since no one is present on behalf of the Secretary Home who has to recommend either way such installation. Let report/estimate be scrutinized by all concerned in order to place its feasibility before this Court within 10-days. Superintendent has further pointed out that the issue of installing Jammer at Central Prison-I Karachi was also taken up on the last date and was to be addressed by the Secretary Home, but till date neither any action has been taken in that regard nor anyone is present on behalf of the Secretary Home. Let Secretary Home and Secretary PTA or senior officer of PTA to effect appearance tomorrow at 8:30am.
City Surveyor Hyderabad Anwar Ali Samoo was directed on the last date to submit demarcation report, but today he is called absent. Let notice for his personal appearance be issued for 16.9.2011.
Superintendent Central Prison Hyderabad has pointed out that due to heavy rains Electric Control Room which was already in a dilapidated condition has become dangerous and electric current is running in the entire Central Prison Hyderabad which is causing great danger to the lives of the prisoners as well as jail staff. Akhtar Hussain Dawach, Executive Engineer, affirms this position and states that since at least Rs.8 to Rs.10 lacs are required to remedy the defect pointed out by the Superintendent as the entire control room requires changing of entire electric panel board and till such amount is provided he is not in a position to come to the rescue of the Superintendent. This is a very serious matter where the lives of more than 1500 prisoners as well as jail staff are at stake for want of only Rs.8 to Rs.10 lacs. Secretary Finance to immediately look into the matter and release at least regular M&R funds so that this aspect can be brought to order by replacing electric panel board.
To come up tomorrow i.e. on 08.9.2011 at 8:30am.
JUDGE
JUDGE