1997 P Cr (PLP)

Nemo for Petitioners. Abdullah Yousaf Waraich, Addl. A.-G. for the State A list of under trial prisoners being held in the Camp Jail at Lahore for the alleged commission of offences punishable under Article 3/4 of the Prohibition (Enforcement of Hadd) Order of 1979 and who have been in custody for more than six months was submitted by the jail authorities. The facts relevant to these under trial prisoners have been checked and confirmed by the D.S.P. (Legal) present in Court from the police record who has submitted a list with the relevant particulars of the said accused persons and the cases registered against them.

2. The accused persons thirteen in number whose particulars are mentioned below are drug addicts who were lying admitted in the jail hospital at the time of my visit to the said jail. They are in custody on account of the alleged possession of small amounts of Heroin, etc. On account of their ill- health, all these accused persons mentioned below and involved in the cases I mentioned against the name of each accused person are released on bail subject to each one of them offering a personal bond of Rs.100. (List of accused I to 14)

3. The accused persons described below (total 392), as has been mentioned above, are. in custody for more than six months and the trials against them have still not concluded. As has been noticed in the earlier orders passed by me in this matter, each one of them is a drug addict. Despite their remand to police custody no Investigating Officer ever tried to find out the source which was supplying intoxicants to these unfortunate victims of this menace. Each one of them is released on bail in the cases mentioned against the name of each accused person subject to each one of the offering a personal bond. of Rs.100. (List of accused 1 to 392)

4. All the abovementioned accused persons shall submit their personal bonds to the Superintendent of Camp Jail, Lahore, who shall then transmit the same to the respective Trial Courts. The expenses, if any, involved in the execution of these bonds shall be borne by the State. This arrangement is being made in order to eliminate the unnecessary expenses and infirmities in transporting such a large number of accused persons to various Courts spread all over the city of Lahore only for the purpose of offering personal bonds.

5. The jail authorities as also the concerned police authorities shall bring the record relating to the accused persons mentioned at Serial Nos.4, 29, 30 65, 68, 136, 150, 162, 179, 190-A, 208, 225, 297, 298, 302, 325, 328, 329-A, 331, 356, 365-A, 248, 405 and 406 of the list submitted by the D.S.P. (Legal) because of certain discrepancies which have existed with respect to these accused persons in the jail as well as the police record. The question of grant of bail or otherwise to these accused persons shall be considered after examining the said record.

6. The Medical Superintendent of Services Hospital, Lahore has submitted a report, dated 28-8-1996 with respect to Shan Ahmad accused of case F.I.R. No. 399 of 1994 of Police Station, Hanjarwal registered for the alleged commission of offence punishable under section

302. P.P.C. who had been found by me lying admitted in the jail hospital on 18-8-1996 in a precarious condition. According to this report of the M.S. the said Shan Ahmad who had been ordered by me on the said date to be sent immediately to the Services Hospital died in the said hospital on 23-8-1996 i.e. within five days of being sent to the Services Hospital. I would like to examine the conduct of the jail authorities, especially the jail doctor, in the matter of the management of this patient and whether the jail doctor had properly discharged his obligations vis-a-vis this patient. Manzoor Ahmad, Additional Registrar of this Court is directed to proceed immediately to the Camp Jail of Lahore; to take into custody the entire record available with the jail authorities and the jail doctor relating to said Shan and then to produce the same before this Court on the next date of hearing. He shall also take into custody any record, which may be available relating to other patients who might be lying admitted in the said hospital.

7. The learned Additional Advocate-General shall seek instructions from the Inspector-General, Prisons about the progress in the matter of recruitment of male nurses in the hospital of the jail in question. He shall also get a report from the Health Secretary regarding the availability of any rehabilitation centres set-up by the Government in the city of Lahore for the treatment of drug addicts.

8. To come up on 14-9-1996 for further proceedings. N.H.Q./Y-7/L Accused released on bail