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.
(Notice issued) Bailiff and Fax Reports filed)
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Mr. Shafi Muhammad Memon, Addl. Advocate General Sindh along with Nusrat Hussain Manga DIG Prisons Karachi Region, Gulzar Ahmed Channa DIG Prisons Hyderabad Region, Abdul Majeed Siddiqui DIG Prisons Sukkur Region, Noor Muhammad Shah Deputy Secretary Home Department, Shakeel Ahmed Section Officer Finance Department, Pir Shabbir Ahmed Jan Sarhandi Superintendent Central Prison Hyderabad, Ghulam Murtaza Shaikh Superintendent Central Prison Nara, Abdul Ghaffar Dahar Superintendent Central Prison-I Larkana, Bashir Ahmed Shaikh Chief Engineer Buildings Sukkur, Akhtar Hussain Dawach Executive Engineer Provincial Building Division Hyderabad and Laung Khan Jakhrani Director HESCO.
Ms. Lubna Yaqoob, Law Officer along with Shamsuddin Sahito Chief Engineer S.I.T.E. Limited.
Mr. Imdad Ali Ujjan, Advocate holds brief for Mr.Ghulam Dastagir A. Shahani, Advocate along with Applicant/Intervener Tahir alias Aijaz Ahmed.
Mr. Ghulam Mustafa Jakhrani, Advocate files power on behalf of HESCO, which is taken on record.
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It has been pointed out that a sum of Rs.13 Million for Central Prison Hyderabad beside regular M&R for the entire jail has been released. Superintendent Central Prison Hyderabad along with Akhtar Hussain Dawach states that this amount would be utilized for renovation of security ward on account of replacing roof and minor repairs of washroom, secondly 02 barracks in Wards No.1 and 2 and necessary renovation of the hospital and also on certain working of replacement of electric panel. He further states that any amount spent would be after taking approval from the District & Sessions Judge, Hyderabad, who would supervise the entire work. It has further pointed out that the scheme with cost of Rs.40-Million was approved in respect of the residential flats for the employees of Special Prison for Women Hyderabad and the entire structure has been completed by spending Rs.25-Million, but subsequently on account of non-availability of fund the project was stopped which is deteriorating day by day, therefore, the Home Department/Planning & Development Department/Finance Department be directed to complete this project so that rain effected employees of the jail be housed in the said project. Let in the first instance comments be called.
Superintendent Central Prison Nara states that a sum of Rs.660,000/- under regular M&R has been received, but he needs more amount as due to heavy rain numbers of barracks have been badly damaged and, therefore, the Finance Department may be directed to immediately release the funds for the repair and renovation of the entire jail as well as residential accommodation of the jail officers/staff approved in this fiscal year. In this very context Chief Engineer S.I.T.E. says that in this fiscal year improvement of infrastructure has been approved by the Government and necessary repair in order to improve vicinity around Nara Jail would be undertaken within three months and, thereafter, execution of work within 30-days. He further states that during intervening period he will personally inspect and would make the road leading to Central Prison Nara motorable and would further ensure the supply of clean water. Let report regarding development on this aspect be filed after every 30-days.
In consequent to the directions of this Court the entire jail of Province of Sindh were inspected and approximately a sum of Rs.1200 Million was asked for its repair and renovation and, thereafter, the Home Department, Finance Department and Planning & Development Department considered that question as to whether such a huge amount would be released under M&R or under development scheme and lastly the Chief Secretary has resolved this issue by asserting that the amount so suggested would be spent under development scheme. Shakeel Ahmed, Section Officer, Finance Department, says that once the Secretary, Planning & Development Department, locate the funds to any of the development work the amount to the extent of Rs.400-Million, if allocated, in this fiscal year would be released. Let notice be issued to the Secretary, Planning & Development Department to address this issue and to file his reply well before the next date of hearing. He should also ensure that an officer not below the rank of Deputy Secretary should be in attendance on each and every date of hearing.
Chief Engineer (Planning) HESCO Hyderabad and Superintendent Central Prison Larkana have placed on record their reports showing status of construction, repair and renovation. Reports are taken on record. Bashir Ahmed Shaikh, Chief Engineer Buildings, states that one division consists of 02 barracks would be handed over to the Superintendent Central Prison Larkana by the end of this month, whereas remaining work as per plan would be completed.
It is stated that despite directions and concession of Irrigation Department in respect of Badda land which is in front of Central Prison Larkana that it shall be allocated to jail or would be used for amenity and as its commercial use would be a security risk for the jail, per Superintendent Central Prison Larkana, construction is being carried out on the said land. It appears that the person, who has is raising construction, has moved an application under Order I Rule 10 CPC but till date it has not been argued on the contrary adjournments are being sought on each date of hearing and despite opportunity title documents in respect of such land could not be shown by the applicant. Since the Secretary, Irrigation Department, categorically made a statement that this being the Government Badda land and has not been allotted to anyone, therefore, status quo to be maintained till hearing of this application. Secretary Irrigation Department to effect appearance or depute any officer not below the rank of Deputy Secretary/Executive Engineer well conversant with the facts of the case on each and every date of hearing specially to address this issue.
Director HESCO present in Court states that necessary material for providing second electric connection is ready at site but due to heavy rains second connection as undertaken could not be provided, though the jail has deposited first installment of demand note. He further says that the connection would be provided within a week time. Time allowed. Director HESCO has further placed on record copy of a letter dated 15.9.2011 reflecting that the timing of load shedding in respect of both Grid Stations has been changed.
City Surveyor Hyderabad called absent despite issuance of notice. Let show cause notice be issued to the City Surveyor Hyderabad as to why the proceedings for disobedience of this Court’s order may not be initiated against him.
Superintendent Central Prison Hyderabad states that all three doctors from his jail have been transferred by the Secretary Health. Let notice be issued to the Secretary Health to explain as to why such transfer has been made without providing alternate.
To come up on 12.10.2011 at 11am.
JUDGE
JUDGE