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 MIT Report dt:14.11.2011.
2. For order on MIT Report dt:14.11.2011.
3. For hearing of Misc. No.13492/2011.
4. For hearing of Misc. No.13493/2011.
5. For hearing of Misc. No.12125/2011.
6. For hearing of Misc. No.12126/2011.
7. For hearing of Misc. No.12127/2011.
8. For Katcha Peshi.
9. For hearing of Misc. No.11132/2011.
10.For order on Misc. No.17081/2011.
(Order issued a/w Bailiff’s report)
(Compliance report dt:14.11.2011 filed by MIT)
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Mr. Shafi Muhammad Memon, Addl. Advocate General Sindh along with Gulzar Ahmed Channa DIG Prisons Headquarters on behalf of IG Prison, Abdul Majeed Siddiqui DIG Prisons Sukkur Region, Muhammad Anwar Malik Section Officer Prisons-I Home Department, Anwar Malik Section Officer Home Department, Pir Shabbir Ahmed Jan Sarhandi Superintendent Central Prison Hyderabad, Muhammad Hassan Sahito Superintendent District Prison Nara, Abdul Ghaffar Dahar Superintendent Central Prison-I Larkana, Muhammad Masood Memon, Superintending Engineer, (PBC) Sukkur, Mushtaque Soomro Executive Engineer Building Larkana, Akhtar Hussain Dawach Executive Engineer Provincial Building Division Hyderabad, Syed Afaq Ahmed Rizvi Taluka Officer (Regulation) Taluka Municipal Administration City Hyderabad, Dr. Saeed Ahmed Qureshy, Focal Person for Secretary Health, Aftab Ahmed Soomro Project Director Police & Prison Works, Khalid Siddiqui Chief of Physical Planning & Housing Section P&D Department, Nisar Ahmed Leghari Executive Engineer Rice Canal Division Larkana, Anwar Ali Samoo City Surveyor Hyderabad, Nisar Ahmed Leghari, Executive Engineer Irrigation Department, Shabbir Ahmed Kalhoro Deputy Secretary Finance Department, Shakeel Ahmed Section Officer Finance Department.
Mr. Muntazir Mehdi, Assistant. Prosecutor General Sindh.
Mr. Ghulam Dastagir A. Shahani, Advocate for Applicant Tahir alias Aijaz Ahmed.
Ms. Lubna Yaqoob, Law Officer, SITE Limited.
Mr. Ashfaque Ahmed Lanjar, Advocate has filed his power on behalf of Superintendent Central Prison-I Hyderabad, which is taken on record.
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1. Anwar Malik, Section Officer on behalf of Home Department, states that Home Department has already recommended the reopening of the open prison Badin and further recommended to give additional charge to the Superintendent Central Priosn-I Hyderabad. He says that such comments would be filed before this Court within ten days. He may do so.
2. Anwar Malik, Section Officer, requests for sometime to file reply/comments on the letter of the I.G. Prisons dated 29.7.2011 would be filed within ten days.
3. Mr. Ghulam Dastagir Shahani, learned counsel for applicant, says that he has been instructed by his client not to press this application. Application is dismissed as not pressed.
4. Since the land till date has not been auctioned, therefore, Mr.Ashfaque Ahmed Lanjar says that this application has become infructuous which accordingly is dismissed as not pressed.
5,6&7. Through these applications the attention of this Court is invited to the various problems faced by the District Prison Dadu, District Prison Shikarpur and Central Prison-II Sukkur. Gulzar Ahmed Channa, DIG Prisons Headquarters and representative of I.G. Prisons, states that the Superintendents of District Prison Dadu, District Prison Shikarpur and Central Prison-II Sukkur have directly filed these applications before this Court and they have not approached the I.G. Prisons seeking remedy of the grievances mentioned in the instant applications. He further states that since it has come to the notice of the I.G. Prisons, therefore, he will use his office to redress grievances. These applications accordingly are disposed of.
9. Gulzar Ahmed Channa, DIG Prisons & representative of IG Prisons, states that since the issue of shifting prisoners from Central Prison-I Larkana has been resolved on the directions of this Court, therefore, this application has served its purpose and may be disposed of. Order accordingly.
10. In view of the order passed on 27.10.2011 whereby the applications filed on behalf of the Taluka Officer (Regulation), Taluka Local Government City Hyderabad were decided, therefore, this application has become infructuous, which accordingly is disposed of.
Mr. Ghulam Dastagir Shahani, learned counsel for the applicant, says that since he has withdrawn his C.M.A. No.13492/2011, therefore, he would be filed proper application in the office today.
Khalid Siddiqui, Chief PP&H Department and Aftab Ahmed Soomro Project Director, state that first tranche of Rs.400.00 Million out of Rs.1280 Million would be released after the approval of the Chief Minister for which summary has been sent and according to their estimation by the end of this year the amount would be available for utilization under the supervision of Project Director Prisons and all work of repairs including grilling of new barracks constructed in Central Prison-I Karachi would be finalized. Both Secretary Home Department and Secretary P&D Department are directed to pursue the matter with the Chief Minister’s Secretariat in order to ensure that the funds as undertaken are made available with the Project Director Prisons so that the development work at jails may commence.
Muhammad Hassan Sahito, Superintendent, District Prison Nara, has informed that on 12.10.2011 Director of HESCO, Laung Khan Jakhrani, has assured that once the changeover is installed sub-meter and connection would be energized at District Prison Nara, but this has not been done. Even today no one is present on behalf of the HESCO. Let show cause notice for violating the undertaking given before this Court be issued to Laung Khan Jakhrani Director HESCO to explain as to why the proceeding for violating the undertaking may not be initiated against him. His reply should be furnished within seven days.
Ms. Lubna Yaqoob, Law Officer SITE Ltd., states that she is not in a position to say as to what work Chief Engineer SITE has undertaken in consequent to the order dated 16.9.2011. Chief Engineer SITE is directed to file compliance report in terms of order dated 16.9.2011 well before the next date of hearing and to effect appearance.
Superintendent Central Prison-I Larkana has pointed out that repair and renovation work in four barracks has taken place, out of four barracks two have been handed over, whereas in remaining two till date work is going on. He further says that two barracks in Division-3, which were handed over to him, lack in RCC walling behind the washroom, whereas in the remaining two barracks in Division-4 work of polishing marble is in process. Both Muhammad Masood Memon Superintending Engineer and Mushtaque Soomro Executive Engineer Building Larkana undertake that the possession of remaining two barracks would be handed over to the Superintendent Central Prison-I Larkana till 6th December 2011. They pointed out that they have further undertaken the repair and renovation work beyond their scope of work, details of which would be placed on record before the next date of hearing.
On the report of the Superintendent Central Prison-I Hyderabad that two doctors, who were deputed and did not join to their duties, have been suspended. Dr. Saeed Ahmed Qureshy, Focal Person for Secretary Health, states that the Secretary Health would depute two doctors afresh within three-days.
To come up on 14.12.2011, to be taken up at 11am.
JUDGE
JUDGE