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 hearing of Misc. No.12125/2011.
2. For hearing of Misc. No.12126/2011.
3. For hearing of Misc. No.12127/2011.
4. For Katcha Peshi.
5. For hearing of Misc. No.11132/2011.
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Mr. Shahadat Awan, Prosecutor General Sindh.
Mr. Shafi Muhammad Memon, Addl. A.G. along with Gulzar Ahmed Channa, DIG Prison Headquarter on behalf of IG Prison Sindh, Noor Muhammad Shah Deputy Secretary, Home Department, 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, Sikander Ali, Assistant Superintendent Central Prison Hyderabad, Shakeel Baig, Assistant Superintendent Central Prison Hyderabad, Imdad Mirza, Assistant Superintendent Central Prison Karachi, Dr. Saeed Ahmed Qureshy, Focal Person for Secretary Health, Anwar Ali Samoo, City Surveyor, Hassan Ali Zardari, City Mukhtiarkar, Zahid Hussain, DO Revenue Dadu, Abid Hussain Naich, Executive Engineer Rise Canal Larkana.
Ms. Lubna Yaqoob, Law Officer, S.I.T.E. Hyderabad along with Kamil Jafferi, Estate Engineer.
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Pursuant to the directions of this Court work of repair and renovation at Central Prison-I Hyderabad, Central Prison-I Larkana and District Prison Nara Hyderabad had started, however, the progress of work is not satisfactory, as despite lapse of more than four-months not a single barrack has been handed over to the Jail administration after carrying necessary repair and renovation. Nazir Ahmed Sheikh, Addl. Secretary W&S Department undertakes to submit current position of the repair and renovation work in the said jails and would further ensure that the entire work is completed during this month.
Numbers of complaints were received wherein the prisoners were sent to quarantine cell or otherwise punished on the allegations of carrying mobile phones, which is not only denied by the prisoners but such punishment is asserted on account of non payment of illegal money. It appears that in the meeting which was chaired by the Secretary Home Department question of installation of Jammer was discussed and it was decided that the same would be affixed in jail premises in order to eradicate such controversies between prisoners and the jail administration.
DIG Prison Gulzar Ahmed Channa and Superintendent Central Prison-I Karachi state that meeting with Pakistan Telecommunication Authority (PTA) and the Home Department are in progress, but perhaps due to some signal problems Jammer could not be installed. Let Secretary Home to call a meeting of all concerned including Secretary PTA to decide this issue once for all and to submit report on the next date.
Superintendent Central Prison Nara Hyderabad states that despite directions S.I.T.E. Hyderabad has not carried out necessary repair of the sanitary lines and the road which was carpeted again has been eroded by dirty water oozing from chocked sewerage lines. The record reflects that this Court issued numbers of directions especially through order dated 02.6.2011 where necessary directions were issued to the Estate Engineer S.I.T.E. Today, Kamil Jaffer, Estate Engineer, states that such work falls within the domain of Chief Engineer, S.I.T.E. Karachi. Let notice for personal attendance of Chief Engineer, S.I.T.E., Karachi be issued for the next date.
During jails inspection in the last week of July 2011, numbers of jail employees requested that they are facing lot of problems, as the gas has been disconnected after the jail meal were outsourced. Gulzar Ahmed Channa, DIG Prison, states that such issue can only be addressed if notices are issued to the Sui Gas Consumer Services, as the IG Prison will have no objection if individual connection is provided in the residence of the jail employees. Let notice accordingly be issued for the next date.
Superintendent Central Prison-I Karachi has reported that 05 Barracks have been newly constructed, but have not been handed over to him for want of electricity connection. On last inspection in July 2011 all the barracks were found heavily overcrowded, therefore, notice was issued for the attendance of Mr. Aftab Ahmed Soomro, Project Director was issued, who upon entering appearance states that electricity connection would be provided by 13th of this month and Superintendent Central Prison-I Karachi states that in case such connection is provided by 13th he would shift the prisoners in those barracks on 14.8.2011. Superintendent Central Prison-I Karachi has further invited the attention of this Court that since adjacent to the jail boundary wall tall buildings have been erected and from such buildings mobile phones and drugs are thrown in the jail premises for the inmates, therefore, he requested for affixation of grill at the boundary wall of the jail premises in order to ensure that nothing can be thrown inside the jail premises. Mr. Aftab Ahmed Soomro to see the possibility of affixing such grill and to submit feasibility report on next date.
In consequent to the directions of this Court IG Prisons Sindh has submitted a detailed report regarding reopening of Open Prison Badin as well as utilization of agricultural land, which is taken on record and would be considered on the next date.
Gulzar Ahmed Channa, DIG Prisons Headquarter Hyderabad, has submitted an application asserting therein that in consequent to the directions of this Court the Under-Trial-Prisoners were transferred to the jail of respective district wherein their cases were being tried, however, Anti-Terrorism Court Mirpurkhas has restrained shifting of UTPs Arsahd Nabi and Rashid Aslam from Central Prison Hyderabad to District Jail Mirpurkhas and such order is against the spirit of the order of this Court and, therefore, be suspended. He further stated that heavy security and money is spent on these prisoners by producing them from Hyderabad to Mirpurkhas on each date of hearing which is not only expensive but hazardous and further that said UTPs have already been shifted on 4.8.2011. Mr. Shahadat Awan, Prosecutor General Sindh, supports such plea and says that a review is to be filed against that order and, therefore, the same may be suspended. We have perused the application and order passed thereon by the Anti-Terrorism Court, Mirpurkhas, which reflects that both the UTPs are being tried by the Anti Terrorism Court, Mirpurkhas and are detained at Central Prison Hyderabad. The impugned order further reflects that it has been passed without hearing the prosecution, therefore, order dated 04.8.2011 passed by the Anti Terrorism Court, Mirpurkhas in Special Case No.03 of 2008 (State Vs Arshad Nabi & others) is suspended till the next date of hearing enabling the I.G. Prisons as well as prosecution to place the entire facts before the Anti Terrorism Court, Mirpurkhas and to seek review in accordance with law.
City Surveyor Anwar Ali Samoo states that the process of demarcation of the jail land has been completed. He is directed to submit report within 10-days. Superintendent Central Prison-I Hyderabad says that after the survey was conducted the possession of land was restored, as it is totally open plot and according to him, now again attempts have been made by the Police Station Baldia to occupy such land. D.P.O. Hyderabad to ensure that no access was made by Police Station Baldia to trespass the prisoners’ property.
To come up on 07.9.2011.
JUDGE
JUDGE