2000 P Cr (PLP)

As prayed for by the learned counsel for the petitioner the name of respondent No.4 (Government of Pakistan through Secretary Interior, Islamabad) stands deleted.

2. Mr. Muhammad Isa Khan, Advocate learned counsel for the petitioner and Kh. Azhar Rashid, learned Assistant Advocate-General for respondents Nos. l to 3 are present and heard.

3. According to the learned counsel for the petitioner the detenu, Jasveer Singh (Abdur Rehman), is confined in the Central Jail, Peshawar allegedly in compliance with the warrants of arrest issued by the Judicial Magistrate, 1st Class (Court No.IV) Karachi (East) in case registered at Police Station, Korangi, Karachi, vide: F.I.R. No.839 of 1994 under section 302, P.P.C. and is rotting in the Jail to be transferred to Karachi.

4. The Superintendent, Central Jail Peshawar, Saadullah Khan, respondent No.l who is present in person, submits that the detenu has been detained by him in compliance with the warrants of arrest, issued by the Judicial Magistrate Karachi (East) although he is not required in any other case herein Peshawar/N.-W.F.P. He states that it was for this reason that Immediate Letter No.7685/WE was addressed by him to the Inspector General Prisons, N.-W.F.P., Peshawar, respondent No.2, on 27-10-1998 requesting him to sanction the shifting of the detenu from Peshawar to Karachi Jail. The said letter is reproduced for the sake of convenience:-- OFFICE OF THE SUPERINTENDENT, CENTRAL PRISON, PESHAWAR To The Inspector-General (Prisons), N.-W.F.P., Peshawar. Subject: Transfer of accused Jasveer Singh son of Garieet Singh resident of House No 104 Kala Pul Naval Colony Karachi in case F.I.R. No.839 of 1994 under section 302, Q.D.O. of Police Station Korangi, Karachi (Sindh). Memo I have the honour to inform you that the subject prisoner is no more required in any other case of this Province and is required to be shifted to Karachi in the subject case. It is, therefore, requested that the sanction for shifting of the accused to Karachi Jail from this jail may kindly be accorded and conveyed. His transfer roll is enclosed please." (Sd.) Superintendent, Central Prison; Peshawar.

6. The Inspector-General Prisons, N.-W.F.P. Peshawar, respondent No.2, then addressed Letter No.l/34-J-98/17294/WE on 10-11-1998 to the Secretary to Government of N.-W.F.P., Home and Tribal Affairs Department, Peshawar, respondent No.3, regarding the transfer of detenu namely, Jasveer Singh son of Garjeet (Muslim name Abdur Rehman) from Central Prison, Peshawar to Central Prison Karachi. This letter is to the following effect:-- "OFFICE OF THE INSPECTOR-GENERAL OF PRISONS, N.-W.F.P. PESHAWAR. Tele No.9210937/9310334 No.l/34-J-98/17294/WE, dated 10-11-1998. To The Secretary to Government of N.-W.F.P., Home and T.A. Department, Peshawar. Subject: Transfer of accused Jasveeer Singh son of Garjeet Singh resident of House No. 104, Kala Pul, Naval Colony Karachi in case F.I.R. No.839 of 1994 under section 302, O.D.O. of Police Station Korangi, Karachi (Sindh). Memo. The Superintendent, Central Prison, Peshawar has intimated that accused Jasveer Singh son of Garjeet Singh is required to face trial in the Court of Judicial Magistrate-IV, Karachi East, in the case cited as subject. As the said prisoner is not required in any other case here, therefore, the said officer has requested for his transfer from Central Prison Peshawar to Central Prison Karachi. In view of the above. it is requested that necessary sanction to the transfer of accused Jasveer Singh son of Garjeet Singh from Central Prison Peshawar to Central Prison Karachi, for facing trail there may please he accorded. Descriptive roll is enclosed. (Sd.) Inspector-General of Prison N.-W.F.P.. Peshawar. Endst: No. 17295 Copy of the above is forwarded to the Superintendent, Central Prison Peshawar, for information with reference to his Memo. No.7685/WE, dated 27-10-1998. (Sd.) Inspector Central of Prison N.-W. F. P., Peshawar."

7. Accordingly Letter, No. SO(Judl.)/HD/10/238/98, dated 17-11-1998, was addressed to the Secretary to Government of Sindh, Home Department, Karachi for necessary action and the copies of the same were endorsed to (1) The Inspector-General (Prisons) N.-W.F.P. Peshawar and (2) The Superintendent, Central Jail. Peshawar. The letter in question is as under:-- "GOVERNMENT OF N.-W.F.P. HOME AND T.As. DEPARTMENT No.SO(Judl. )HD/ 10/238/98 Dated Peshawar 17th November, 1998 To The Secretary. to Government of Sindh. Home Department, Karachi. Subject: Transfer of accused Jasveer Singh son of Garieet Singh resident of House No. 104, Kala Pul, Naval Colony Karachi, in case F.I.R. No.839 of 1994 under section 302, O.D.O. Police Station Korangi= Karachi (Sindh). Sir, I am directed to refer to the subject noted above and to forwarded herewith a photo copy of Letter No.134-J-98/17294/WE, dated 11-10-1998 alongwith its enclosures received from the Inspector General of Prisons, N.-W.F.P., Peshawar. You are requested to take necessary action under the law. Your obedient servant, (Sd.) Shairullah Khan, Section Officer (Judl.) Endst. of Even No. and date. Copy forwarded to:- (1) The Inspector-General of Prisons, N.-W.F.P. Peshawar for information with reference to his letter referred to above. (2) The Superintendent, Central Prisons, Peshawar. (Sd.) Shairullah Khan, Section Officer (Judl.)"

8. It appears that in spite of the reminders sent to the Home Secretary, Government of Sindh, Karachi no response has been received so far. The latest Reminder No.SO(JUDL)/HD/10-238/99 was sent to the Sindh Government (Home Department) on 8-9-1999 but with no result.

9. The record of the Inspector-General Prisons Office, produced by Mr. Changaiz Khan, Assistant perused carefully. Photostat copies of pages Nos. 185, 193, 199 and 535 obtained and placed on this file for record.

10. According to the learned counsel for the petitioner he has approached this Court with the hope that his grievance shall be redressed and that the detenu shall either:-- (a) be shifted to Karachi Jail immediately or (b) be granted transitory bail to enable him to appear before Judicial Magistrate, Court No.IV, Karachi East for further necessary action.

11. According to him the detenu is in the Jail for the last more than one year without any reason or justification, that in point of fact he has been detained illegally and is in the illegal confinement of respondent No.1, Superintendent, Central Prison, Peshawar.

12. Confronted with the above situation the learned Assistant Advocate General had no explanation to offer as to why the detenu, Jasveer Singh (Muslim name Abdur Rehman) has been detained here and not sent to Karachi Jail. He, however, conceded frankly and rightly so that this petition be accepted and the respondents be directed to shift the detenu to Karachi. He also posed a question to the Superintendent, Central Jail, Peshawar (respondent No. l) and the representative of the Home Secretary (respondent No.3) that if the Home Department of the Sindh Government does not respond for 3 years then in that case could the detenu be detained for such a long time.

13. In the circumstances, this petition is accepted and the learned Assistant Advocater General (Kh. Azhar Rashid) is directed to take up the matter with respondents Nos. l to 3 immediately and to make sure the detenu namely, Jasveer Singh (Muslim name Abdur Rehman) is shifted to Karachi within 15 days positively i.e., on or before October 2, 1999 failing which the detenu shall stand admitted to bail (transitory) with the directions to appear in the Karachi Court for further necessary action within a period of one month from the date he is released form Peshawar Prison. As soon as the detenu furnishes bail bonds in the sum of Rs.1,00,000 (Rs.One lac) with two sureties, each in the like amount, to the satisfaction of the Registrar of this Court, he shall be released from Jail by respondent No. 1.

14. The Registrar shall see that the sureties are respectable persons, are men of means having sufficient property in their names and hail from the settled areas of District Peshawar/Karachi. Attested copies of their property documents/Identity cards shall be obtained and placed on file for record.

15. It may be made clear that the detenu when released on transitory bail, fails to appear before the Judicial Magistrate, 1st Class (Court No.IV) Karachi East, within one month, transitory bail granted to him shall stand re called.

16. Copy of this order be sent, through T.C.S., to:- (1) The Secretary to the Chief Minister, Government of N.-W.F.P., Peshawar. (2) The Secretary to the Chief Minister, Government of Sindh, Karachi. (3) The Secretary to His Lordship the Chief Justice, Sindh High Court, Karachi. Q.M.H./M.A.K.,'459/P Order accordingly.