ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3319 of 2013

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Order with signature of Judge

For hearing of CMA No.33699/14 (151)

22.12.2014

Mr.Nazeer Ahmed, Advocate for the petitioner

Mr.Saleem Akhtar, APG

Mr.Mustafa Mahesar, AAG

M/s.Ashraf Ali Nizamani, DIG Prison, Karachi, Shafi Muhammad Shaikh, Assistant Superintendent Central Prison Sukkur, Mumtaz Shaikh Special Secretary Home Department, Wahab Ahmed, Additional Secretary Home Department are also present.

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This petition was filed by Mst.Zohra Bibi mother of the convict Attaullah son of Muhammad Hashim with the prayer that the respondents be directed to make arrangement for shifting him to Central Prison, Karachi, before execution of death sentence so that his family members may meet/see him. This petition was fixed on 08.10.2013 when learned counsel for the petitioner, Mr.Muhammad Waseem Sammo, learned AAG and Mr.Nusrat Hussain Mangan, Inspector General Prison (Sindh) were present. The I.G., Prison (Sindh) filed his comments in which he undertook that before execution of sentence, convict Attaullah son of Muhammad Hashim will be shifted in Central Prison, Karachi immediately upon issuing his Black Warrant by the trial court. On this statement learned AAG requested for short time to file additional comments. Matter was fixed on 10.10.2013 on which date learned AAG filed additional comments of I.G., Prison (Sindh), in which it was clearly stated that before execution of Black Warrant, convict will be shifted from Central Prison, Sukkur to Central Prison, Karachi, fifteen days before the execution of death sentence. On this statement, the learned counsel for the petitioner shown his satisfaction and the petition was disposed of accordingly.

On 18.12.2014, the learned Advocate General Sindh filed an application (C.M.A NO.33608/2014) for modification of order passed by this court on 10.10.2013 that period of 15 days may be reduced to one day only. However on 19.12.2014, another C.M.A No.33699/14 was filed in which it was stated that Attaullah @ Qasim son of Muhammad Hashim and Muhammad Azam @ Sharif son of Jan Muhammad are confined in Central Prison, Sukkur and due to security threats it is not possible to shift them from Central Prison Sukkur to Central Prison Karachi for carrying out the execution. On filing this application, the learned AAG did not press C.M.A NO.33608/2014, however we issued notice of the subsequent application to the learned counsel for the petitioner who is present in court. On 20.12.2014, one more Cr.Misc.Appln.No.385/2014 has been filed by Attaullah and Muhammad Azam while C.P.No.D-3319/13 was only filed by Attaullah and it has nothing to do with the convict Muhammad Azam. Through Crl.Misc.Application No.385/2014, both the applicants have challenged their Black Warrants issued by learned trial court on 19.12.2014. Notice was issued to Prosecutor General Sindh, Advocate General Sindh, I.G., Prison Sindh and Home Department. Senior Superintendent Central Prison, Sukkur has filed his comments in Crl.M.A.No.385/14 today. Along with the comments, he has also attached copy of an order issued by Secretary, Home Department on 18.12.2014 in which it is clearly stated that approval of Government of Sindh has been accorded for the transfer of Attaullah and Muhammad Azam from Central Prison, Sukkur to Central Prison, Karachi, for execution of their death sentences. Similarly one more letter dated 20.12.2014 is also attached which has been issued by Senior Superintendent Central Prison Sukkur in which order of Home Department was reiterated and arrangements for security was requested for transfer of convicts. The order dated 18.12.2014 passed by Secretary to Government of Sindh, Home Department is reproduced as under :-

“O R D E R

Approval of Government of Sindh are hereby accorded for transfer of the following 02 condemned prisoners from Central Prison Sukkur to Central Prison Karachi under very strong strict police escort for carrying their execution:-

(1) Attaullah @ Qasim s/o Muhammad Hashim,

(2) Muhammad Azam @ Sharif s/o Jan Muhammad.

Secretary to Govt. of Sindh

Home Department”

Learned AAG, learned APG, Ashraf Ali Nizamani, DIG Prison, Assistant Superintendent Sukkur Prison and Special Secretary and Assistant Secretary Home Department all have agreed that after passing the order for transfer of custody, no further order is required on the listed application.

In view of the above, the application is disposed of. So far as the question of transfer is concerned, the government may act in accordance with law and relevant rules and no further order is required to be passed by this court on the listed application.

Judge