2010 P Cr (PLP)

HASSAN RAZA PASHA, J.

Through this writ petition, the petitioner seeks setting aside of order dated 15-1-2010 passed by learned Sessions Judge, Rawalpindi regarding imposition of bar fetters upon the petitioner.

2. Learned counsel for the petitioner contends that imposition of bar fetters is against the norms of justice and fundamental rights of a human being. Learned Sessions Judge did not mention the period of imposition of bar fetters in spite of the fact that according to law he is bound to mention the date of imposition and its removal. It is contended that petitioner has been acquitted in two cases and only one case is pending against him. He has never attempted to escape from the jail premises. It is also contended that petitioner has been facing this inhuman imposition for the last seven months. If the bar fetters are necessarily required for the safe custody, it can be applied at the time of his appearance before the Courts.

3. On the other hand learned A.A.G. has opposed this writ petition and supported the impugned order by stating that petitioner is dangerous criminal as he is involved in many cases.

4. Arguments heard. Record perused.

5. Perusal of report submitted by Superintendent of Central Jail, Rawalpindi reveals that the petitioner is involved in eleven cases, however, he has been acquitted in five cases and three cases are still pending against him. According to Naqal Rapat dated 22-12-2009 of Reserve Inspector Police Line Adyala, Rawalpindi annexed with the report, the petitioner is aged about 75 years. He has been stated to be desperate, dangerous, stubborn and violent. However the bar fetters have been applied upon the petitioner for the last seven months so he has been deprived of his free movement in the jail premises, which is against the fundamental rights of a human being and inhuman treatment. During the course of arguments learned counsel for the petitioner has referred an Order of august Supreme Court of Pakistan dated 11-10-2006 passed in Human Right Case No. 49-L of 2006 by which specific directions have been issued to prevent inhuman treatment to the prisoners. The august Supreme Court of Pakistan has observed as under: "This has been noticed in the present proceedings that permission is granted by Sessions Judges to, apply bar fetters to the prisoners on the recommendation of I. G. Prisons. However, the Sessions Judges must not give such permission without proper scrutiny regarding the nature of crime in which a prisoner is involved and whether a crime is actually heinous or not and what is the need of putting bar fetters to an offender. This may be noted that according to the High Court Rules and Order, the Sessions Judges are required to visit the jail falling in their jurisdiction at least once in a month and during such monthly visit the Sessions Judge may review the cases of the prisoners who have been put under bar fetters with his approval and if need be, the Sessions Judge may keeping in view the facts and circumstances of each case, review his earlier order because unnecessary use of bar fetters is an obstruction in the liberty of a prisoner. However, if the circumstance so compel to undertake such an exercise, it must be taken with greater amount of care to ensure that liberty of the prisoners inside the prison is not unnecessarily curtailed." In view of above guidance given by august Supreme Court of Pakistan and acquittal of petitioner in five cases besides his age, the impugned order dated 15-1-2010 is set aside and Superintendent of concerned jail is directed to remove the bar fetters imposed upon the petitioner upon the petitioner. However if he deems necessary he can apply bar fetters at the time when the petitioner is produced before the Courts. A.R.K./S-134/L Petition accepted.