The Supreme Court has directed all the district and sessions judges to visit jails under their jurisdiction every month to ensure that prisoners are not fettered whimsically and indiscriminately.
The court gave this direction on an application of Syed Azhar Hussain Shah, an inmate of Kot Lakhpat Jail, Lahore, who had complained that jail authorities were misusing their powers of fettering the prisoners.
The two-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry had directed the District and Sessions Judge, Lahore, to hold an inquiry on the complaint and submit his report about this human rights case.
In his report, which was placed before the court here on Wednesday, Lahore District and Sessions Judge said that under the Prisons Rule 644, Chapter 27 and Rule 723 (iv), the superintendent has the power to impose fetters for safe custody of prisoners subject to prior approval of the district and sessions judge.
He said that for the purpose of fettering, the Punjab government has declared following classes of prisoners as hardened, dangerous, desperate, and professional criminals:
(i) Persons involved in multiple cases of dacoity and robbery, (ii) Persons involved in commission of murder or rape during dacoity, (iii) Persons involved in abduction for ransom, (iv) Persons involved in murder (v) Persons involved in kidnapping or abducting a person under age of 14 years for murder or to sexual assault, (vi) Persons involved in cases falling under Espionage Act, (vii) Sectarian terrorists, under trials/convicts, and (viii) Jail behaviour/assault on jail officials, etc.
Disposing of the suo motu notice, the apex court directed all the district and sessions judges to visit jails in their jurisdiction every month, and examine/reconsider cases of all prisoners under bar fetters and pass necessary orders in accordance with law.
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