|
PCR,
government
authorities have approached the finance department for release
of funds. He further states that government is interested in
improvement of the jail condition by bringing reforms, for which
they need time. He states that by January 2009 proper steps will
be taken to ensure that Hepatitis B and C treatment starts. When
his attention was drawn to the unhygienic conditions of the
status of Superintending Engineer would be appointed Project
Director, who will undertake the repair works in jails of Sindh.
The Court has put to notice to the
learned Addl. Advocate General that it is the responsibility of
the states to provide medical treatment to the inmates. The
inmates of different jails and sub- jails in Sindh are not
treatment is provide to them. The medicines for skin disease are
expenses, which the inmates cannot purchase where as the
Specialists who visits them, prescribes medicines for which no
funds are available with the jail authorities. Beside this, the
barracks in which the inmates live and sleep have even un
floored without any platform. These barracks are in inhabitable
condition and are unhygienic. The wash rooms/toilets within the
barracks sting and are in very poor condition. All these factors
have multiplied the agony of the inmates, exposing them to a
number of serious ailments. The inmates are without drinking
water in many of the jails and sub-jails. Many of the jails and
sub- jails have no proper drainage system besides the jails and
sub-jails are over crowded.
The different jails do not have Computer
Operators and therefore all computer programs are
non-functional. The different jails of Sindh are in bad shape
for want of proper maintenance. Even jail in Jacobabad as per
the report of the Sessions Judge, Jacobabad is in bad condition
on account of water logging. similarly the jail in Nawabshah and
Mirpur Khas, which was initially sub-jail are over crowded
without basic facilities. The newly created Districts by the
government are also without jails. This has created further
problems and the U.T.P are kept in the District Jails or Central
Prisons of another Districts, which transport them to trial
Court. Production in Court of U.T.P is also not up to the mark.
These problems must have been noticed
by the officials. There is a meager amount allocated by the
government for medicine in jails. Doctor has been appointed
against sanctioned post of the jails, which also creates
problems in the smooth working in the jails, as the I.G Prison
has no control over the Doctor working in jails.
There are Districts having Civil
Hospitals, do not have jail ward. I had put to notice six weeks
back that the Karachi, which is a Metropolitan city of Pakistan,
is without a “jail ward” in Civil Hospital. The Medical
Superintendent Civil Hospital Karachi who was present in a
meeting called by me information that since there was no space
in the Civil Hospital therefore, jail ward cannot be made. Such
lame excuse cannot absolve the state from providing basic
facilities, to the inmates in Karachi jails. These facilities
are recognized by the Constitution and cannot be denied on the
ground, which are foreign to law.
Mr. Sarwar Khan, Addl. Advocate Gerneral seeks time to
satisfy this Court inter alia on the issues referred to
hereinabove. Notice was also issued to the Inspector General,
Prison, but no one has put in appearance form the Prison
Department. On the next date the I.G Prison shall be in
attendance beside the Health Secretary, Director General
(Health) the Home Secretary and Prosecutor General, Sindh.
22 Dec 2010
Applicant present
in person
Mr. Muhammad Yousaf Leghari, Advocate
General and Mr. Muhammad Sarwar Khan, Additional AG are present
along with Collin Kamran Dost, Special Home Secretary, Dr. Capt.
Abdul Majid, Special Secretary (PH), Health Department,
Government of Sindh, Karachi, Ghulam Nabi Memon, Director
General Health, Mushtaq Ahmed Shah, IG Prisons, Sindh, Ashique
Ali Bozdar, Superintendent District jail Malir, Imdad Mirza,
Deputy Superintendent Central Prison, Karachi, Zia-ur- Rehman,
Superintendent, District jail Mirpurkhas, and and Dr. Manzoor
Ahmed Memon, Medical Officer, District Jail Malir, Karachi.
To improve the hygienic conditions of
jails and the medical facilities available in jails, on 05 Sep
2008 I have called a meeting at High court of Sindh, Circuit
Bench, Hyderabad, which was attend by district and Sessions
Judges of Hyderabad and Jamshoro, Mr. Allah Bachayo Soomro,
Additional AG, Hyderabad DIG (Prison), Hyderabad, Muhammad Riaz
Uddin Additional Secretary, Home Department, Ghulam Nabi,
Director General-Health, Dr.Abdul Jabbar Shaikh, Medical
Superintendent, Nawabshah Medical College and Hospital, Dr.
Zulfiqar Ali Gorar, Provincial Coordinator, Hepatitis Program
besides other officials.
In the meeting Dr. Abdul Jabbar, MS, LUMS,
under took to start screening of the inmates of Nara jail,
Hyderabad from 08 Sep 2008 and every day 50 to 100 inmates were
to be screened. On completion of screening of the inmates of the
Nara, jail, inmates of Central Prison, Hyderabad as well as
Women jail Hyderabad, were to be screened. According to the MS
this exercise was to be completed within sic weeks where after
for PCR facility the Vice Chancellor, LUMS was to be approached.
It was observed in the meeting the LUMS being a public
functionary is obliged, in law, to extend the facility of PCR to
the most ignored person of the society.
The DIG (Prisons) present in the meeting
pointed out that Rs. 40 Millions towards the treatment of
Hepatitis were allocated, which fund though released was lapsed
in June, 2008, but the Finance Department so far has not
reallocated the said amount. In this regard, the Additional
Secretary secretary, Home Department, was directed to ensure
that the Finance Department would reallocated the fund of Rs.40
Million to the Inspector General Prisons for immediate of ailing
prisoners/ UTPs. The Finance Secretary was directed to intimate
the date of reallocation of the lapsed amount. Besides the
Secretary Health Department was directed to immediately appoint
doctors against the sanctioned posts lying vacant in District
Jails of Badin and Nawabshah.
The District Coordination Officer,
Jamshoro, who volunteered to get repair/ renovate the three
barracks of Special Prison, Nara, Hyderabad with Platforms,
besides toilets and bath rooms attached to them with tiles, was
given six weeks time to complete the suggested work. Similarly
six weeks time was also given to District Coordination Officer,
Hyderabad to complete the repair and renovation work of 10
barracks of Central Prisons, Hyderabad.
On 04 Dec 2008 to consider the
prevailing living conditions in different jails of Sindh, a
meeting was convened at Karachi which was attended by all the
Districts and Sessions Judges of Karachi, Medical Superintendent
Civil Hospital, Karachi,Civil Surgeon, Services Hospital,
Karachi, Director, JPMC, Karachi. SSP (Security), EDO health,
Superintendents of Central Prison, District jail Malir, Special
Women jail and Youthful Offenders Industrial School, Karachi,
besides one Shahnawaz Tariq for Home Secretary, Karachi.
In the Meeting it was observed
that there was no jail ward either in Civil Hospital or JPMC,
Karachi and Mr. Muhammad Sarwar Khan , learned Additional AG was
given three weeks, time to hold meetings with the Secreatary
Health and Home Secretary for establishing 8 beds jail ward for
inmates of Central Prison and o Landhi Jail in Civil Hospital,
Karachi.
The P&D Department was directed
to provide funds from Access to justice Program (AJP) reserved
for jail reforms for extensive repairs of different jail and
judicial lock ups in Sindh and to make them habitable and
hygienic as contemplated in Prisons Rules. The Project Director,
AJP was directed to take immediate steps to ensure compliance of
the directive.
It was also observed in the
meeting that District Jails of Naushehro Feroz and Ghotki, which
were almost complete, could not be made functional owing to
allocation of meager amount. The Home Secretary and Finance
Secretary with the assistance of Chief Engineer PWD were
directed to ensure that there two jails become functional
within three months. If both these jails were to be made
functional, the government on one hand would save huge amount
spent towards transportation of the UTPs from Sukkur jail to
Nawshrhro Feroze Court and Ghotki Courts and on the other the
pressure of inmates in the Sukkur Jails would have been
released. Lastly, the Inspector General Prisons, Sindh, was
directed to instruct Superintendents Jails of all the Districts
to depute on e clerk for each district who shal collect the next
date of production of the UTPs in Court to ensure that the jails
authorities have complete data of dates of production/hearing of
all the UTPs before the trial Court. For this purpose, the IG
Prison was directed to maintain/ keep a separate register of
each District by the relevant jail authorities reflecting the
dates of hearing and production of each UTP before the trial
Court.
Apart from the two meetings
and direction given to the relevant officers, on 19 Nov 2008 a
letter was received, which was converted into criminal Misc.
Application and notices were issued to Applicant the Advocate
General, Sindh< Secretary (Health) and Director General, Health,
and the matter was placed in Court on 04-Dec-2008. On
04-Dec-2008 it was observed that it is the responsibility of the
state to provide medical treatment to the inmates of jails who
were suffering from Hepatitis C besides acute skin diseases.
Notice was also issued to Superintendent, District jail
Mirpurkhas. On 13-Dec-2008, I visited District Jail Malir with
Special Home Secretary and AAG, Mr. Adnan Karim. I found that 80
to 90 percent inmates were suffering from skin diseases. The
jail Doctor had informed me that skin disease is common in jails
and medicine are very expensive.
Pursuant to the Court orders
and directions given at times, Reports/parawise comments have
been filed by Special Home Secretary, Government of Sindh,
Karachi, Special Secretary (PH) Health Department, Government of
Sindh, Karachi, Inspector General of prisons, Karachi and
superintendent, District jail Malir, Superintendent Central
Prison, Karachi and superintendent, District jail Mirpurkhas,
which are taken on record. I have gone through the same I am not
persuaded. The official have not complied with the different
direction made at times. N plausible reason has on offered. The
inmates in jails are not governed by the jail Rules. There are
Serious problems of hygiene and medical treatment. The record of
jails is not properly maintained/kept.
The learned Advocate
General states that orders of this Court passed on 04-Dec-2008
will be complied with in letter and spirit. He on instructions,
received from the officers present in Court, state that jail
Ward in Civil Hospital, Karachi, will be made functional within
one month from today. He further states that all the inmates of
the prisons of different jails in Sindh, would be provided
treatment for Hepatitis “’B” and “C” after screening and PCR
within sic weeks from today. He also states that within two
weeks from today the custody of all the UTPs/inmates/convicts
transferred from District jail Malir on administrative ground to
different jails of the Province would be though back either to
District jail Malir or to Central Prison, Karachi, and they
would be produced regularly before the different trial Courts at
Karachi.
As far as the skin
diseases amongst the UTPs/ inmates of District jail Malir is
concerned, according to the learned Advocate General Sindh, the
same would be taken care of and appropriate steps would be taken
by the Health Department to provide the medicines. He further
submits on instructions that within four weeks from today all
the UTPs/inmates confined in all the jails of Sindh would be
provided unpolluted drinking water and skin disease treatment.
I have noticed that UTPs
of naushrhro and Ghotki District jail are kept/detained in
Sukkur and or Khairpur jails and their production in Districts
Naushehro Feroze and Ghotki causes huge expenses on their
transportation besides the custody is never produced in time,
which hampers the trial. Ironically, on the one hand, the
Government is spending huge expense towards transportation of
these UTPs from Sukkur jail to Naushehro Feroze and Ghotki
District Courts but on the other is not releasing the meaner
amount which could complete the finishing of two District jails
Under these circumstances, the Finance Department is directed o
ensure that the amount for Naushehro and Ghotki District jails,
with held by them, shall be released positively within one week
from today so that the months and government shall facilitate
the computerization of the jail record by providing computer
operators.
The Inspector General,
Prisons, Shall ensure that all the missing dates of UTPs shall
be collected by the jail authorities from different trial Courts
and the UTPs shall be produced in Court regularly. During my
visit to District jail Malir a number of UTPs have complained
that they have not been produced before the trial Court as their
production dates were missing. These complaints shall be
redressed by the inspector General, Prisons by issuing strict
directions to the Superintendent of jails of the entire province
that in future this slackness on their part would expose them to
department proceedings. The Inspector General Prisons, shall
also direct the Court Police and or DPO of all Districts to
ensure production of all UTPS in different Courts of Sindh on
each and every date of hearing failing which the Inspector
General, Prisons, shall take stern action action against the
Officers found guilty and or flouting the directions of the
Court.
Adjourned to
02-Feb-2009 on which date compliance report shall be submitted
by the learned Advocate General. In case any of the directions
contained in the next date with written explanation. Officers
present shall appear on the next date.
Copies of this
order shall be supplied to the learned Advocate General, Sindh
and be facsimiled immediately to all concerned, including the
Chief Secretary, Sindh.
02nd –Feb-2009
Applicant present
in person
Mr. Muhammad Sarwar
Khan, Additional AG present along with Collin Kamran Dost,
Special Home Secretary, Dr. Sikandar, Deputy Secretary, Health
Department, Government of Sindh, Karachi, Mushtaq Ahmed Shah, IG
Prisons, Sindh.
Mr.
Muhammad Sarwar Khan, learned Additional has submitted a
compliance report in which it has been stated that PCR tests and
screening in different jails of Sindh have almost completed and
the treatment of Hepatitis B & C has started from 21st
–Jan-2009. He is directed to submit progress report periodically
in this regard.
In
regard to skin diseases it has been stated that the Health
Department has deputed consultant Dermatologists, who will be
visiting all the prisons of Sindh once a week. These visit will
not work. The consultants Dermatologists shall also be provided
medication for treatment of the inmates and this part of the
compliance has not been taken note of. The Health Department
shall ensure that those inmates who have been examined by the
Dermatologists should receive medication.
The
inspector General Prisons, Sindh, has stated that he has
received funds and, in the first phase, the barracks in Nara
jail and Central jail Hyderabad would be repaired/renovated. He
has been informed that he may inspect the Nara Jail, Hyderabad,
barrack which have been repaired and renovated by the DCO,
jamshoro and the entire barracks of the other jails in the
province shall be repaired and renovated on the same pattern.
The barracks shall also include tiled W.C and wash rooms
therein.
The
Inspector General Prisons and Home Secretary Special state that
there are ten sanctioned posts of the jail Doctor, which will be
filled in after completing the codal formalities. This process
shall be completed within two months from today.
The
jail ward in Civil Hospital, Karachi, shall be made functional
within one week as has been undertaken by the Secretary Health.
The clean drinking water shall be provided to the inmates of the
Khairpur and Jacobabad jails within one month and for this
purpose Mr. Muhammad Sarwar Khan, learned Additional AG, is put
to notice to ensure that all departments of the Sindh Government
shall extend their full cooperation in facilitating supply of
clean drinking water to the inmates of these two jails.
The IG
Prisons shall provide list and jail rolls of the four hardened
criminal who have not been transferred to Malir and/or Central
Prisons, Karachi, on the next date. New jails at Naushehroferoze
and Ghotkhi shall be made functional within two months as the
amount has been released by the Finance Department and there is
hardly any justifiable ground, which could delay the completion
of these two jails.
One
month’s time was granted to the IG Prisons to computerize the
jail record in relation to the visitors and production of the
inmates. The IG Prisons present to computerize the jail record
in relation to the visitors and production of the inmates. The
IG Prisons present shall ensure that this should be done by the
Superintendents Jail within the stipulated time.
The IG
Prisons shall also visit the Women Jail, Larkana, which is in
dilapidated condition and shall see that immediate steps are
taken to ensure its repairs.
Three
matters are adjourned to 09th –March-2009 at 11 a.m.Copy of this
order may be supplied to the learned Additional AG today for
compliance.
19th March 2009
Syed Muhammad Iqbal
Kazmi, Petitioner in Person
Mr. Muhammad Sarwar
Khan, Additional AG present along with Collin Kamran Dost,
Special Home Secretary, Mr. Mansoor Alam, Additional Secretary,
Government of Sindh, Karachi, Mushtaq Ahmed Shah, IG Prisons,
Sindh and Dr. Abdul Hameed Chhutto, Program Manager, Hepatitis.
I have perused the progress report submitted by the
learned Additional AG. The treatment of Hepatitis B and C has
started but I am information by the program Manager, Hepatitis,
who is present in Court that for want of PCR Machines the
screening of the inmates of different jails could not be
expedited. There is only PCR Machine installed at liaquat
Medical College, Jamshoro, and it could not cater the need. I m
further information that the amount for purchase of PCR Machine
has been released to the Program Manager and tenders have been
invited. This exercise should be completed within fifteen days
and the PCR Machines shall be purchased by the Government, and
process of screening shall start in the week thereafter.
In regard to the skin diseases, the Health Department has failed
to shoulder its responsibility. In this regard, the Health
Secretary was put to notice. The complaint, which this Court has
received from the Sessions Judge, Sanghar.was that evens the
syringes was not available in the District Jail sanghar. The
Inspector General Prisons, Sindh, present states that he has no
budget at his disposal to arrange for medicines and or related
medical ancillaries. According to him, for entire prisons/jail
of Sindh, the medical budget is only Rs: 2.5 Million, which is
almost Rs: 150 per inmates per year. This is ridiculous. Nobody
has ever shown concern over allocation of this paltry budget to
the prisons of entire province. The h- Secretary, Government of
Sindh, shall be in attendance on the next date to answer the
queries from the Court. In case if he will not available the
Chief Secretary, Sindh will appear.
I have also noticed that required attention is not paid on the
treatment of skin diseases, which ailment is rampant in the
prisons. At times, the Dermatologists have visited the prisons
at Karachi but medicines were not provided to the inmates. The
inmates do not such ailments at the time of their admission in
jail on account of unhygienic atmosphere. The state must take
effective measures to ensure that inmates are provided hygienic
conditions.
I am further informed that there is an Institute of Skin
Diseases, which is also under the control of the Health
Department Mr. Manzoor Alam, the Additional Secretary states
that even the Institute of Skin Diseases does not have enough
medicines to cater the needs of the inmates of Karachi Jail. Let
the required medicines be made available by the Health
Department by requesting the concerned Department from outside
the budget. Likewise, the common medicines in different jails of
the province shall be provided by the Health Department as it is
the duty of the State to provide medicines to the inmates during
their stay in custody.
So far so the jail wards in Civil Hospital, Karachi is
concerned that has not been made functional as yet for want of
posting of police guards. The CCPO shall provide the guards
within one week and the jail ward shall be made functional. CCPO,
Karachi, shall further provide at least two squads of Court
Police, which will be stationed at Central Prison, Karachi and
District Jail Malir for transporting the inmates from jail to
Civil Hospital Karachi. It has been complaint that the custody
of the inmates is not brought to the hospital for treatment in
the early hours and by the time they reach hospital the
consultants are not available. This fact was also confirmed by
the Superintendent, Central Prison, and Karachi.
There are serious complaints for non-production of UTPs before
the Sessions Court at Karachi. Explanation was sought from the
SSP (Court Police), who has stated that the custody could not be
produced because of short of police force and vehicles. It is
the right of every UTP to be produced in Court on each and every
date of hearing and this right guaranteed by the Constitution
cannot be taken away by the State, inter alia, on such ground.
The CCPO shall ensure that enough police force and vehicles for
transport are made available at the disposal of the SSP (Court
Police) to produce every UTP in Court on each and every date of
hearing before the Court. On the next date of hearing the CCPO
shall be in attendance in case if this order is not complied
with.
I am further informed by the IG Prisons, Sindh, that doctors
posted by the Health Department are transferred frequently,
which disturbs the smooth running of different schemes like
Hepatitis and skin ailments. In future, once the Health
Department posts any doctor in a jail, such doctor shall not be
transferred and or relieved without the consent of the IG
Prisons. Now the Chief Minister’s Program for Hepatitis B & C
has commenced and such irregular and arbitrary withdrawal of
posting by the Health Department would diminish the efficacy of
the Program of the nature to the disadvantage of the inmates.
Likewise, I am informed by the Medical Superintendent, Civil
Hospital, Karachi, that he has posted four doctors in jail ward
on 07th –March-2009. The doctors who are posted shall not be
transferred and or relived by the Medical Superintendent or by
any other authority without the consent of the IG Prisons.
However, this observation will not come in the way of the Home
Department, who is proposing to post 29 doctors on contract
basis within a period of one month as undertaken by the Home
Secretary, Special.
The Jail at Naushehro Feroze and Ghothi shall be made functional
by the end of April, 2009 and all the requisite codal
formalities should be complete before the cut of date by all the
Departments.
The Project Director, Police and Prisons, shall be attendance on
the next date and submit the progress he has made on repair and
renovation work of Nara and the Women jail Larkana. Adjourned to
21st –April-2009 at 11 a.m on which date the Officers present
shall be in attendance beside the Health Secretary. The CCPO,
Karachi, shall also appear on the next date if the order is not
complied with.
18 Jan 2010:
Mr. Syed Muhammad
Iqbal Kazmi, Petitioner in Person
Mr. Adnan Karim,
Assistant Advocate General, Sindh along with
Mr. Mushtaq Ahmed
Shah, I.G Prisons, Sindh.
The Chief
Secretary was required to submit a detailed report, but he has
failed to do so. The learned Assistant Advocate General states
that such report would be filed within two weeks from today.
The I.G.
Prison states that a meeting was conducted by the Chief
Secretary, in which effective decisions were taken. He further
states that the funds on medical side have been enhanced from
Rs.2.5 million to Rs.25 million. He is further directed to
submit a detailed report, which should incorporate the
facilities, which till date have not been provided to the
inmates. According to him the posting of the Doctor at Jacobabad
Prison, but subsequently he was transferred. In future once a
Doctor is appointed and posted at Prison he shall not be
transferred to any other place without seeking written consent
of I.G. Prisons. The health Secretary shall ensure that all the
jails have Doctors. I am also informed that judicial lock up do
not fall within the domain of I.G. Prisons and they are being
regulated and controlled by the DCO concerned beside the Health
Secretary. There are judicial lockups where inmates are not
provided the medical treatment and the lockup at Umerkot is one
of them.
I direct the
Home Secretary and the Health Secretary to resolve this problem
within two weeks from today, failing which they will appear with
explanation on the next date.
Copy of this order
be facsimile to the Chief Secretary and Health Secretary for
compliance.
Adjourned to come
up on 19-10-2009 11:00 AM when I.G. Prisons shall be available
with the detailed written report as observed hereinabove.
18 Jan 2010:
Applicant present
in person
Mr. Khadim Hussain,
Deputy {rosecutor General
Mr. Muhammad Yousaf
Leghari, Advocate General along with Mushtaq Ahmed
Shah, IG Prisons,
Sindh and Syed Afaq Hussain Rizvi, Incharge Superintendent,
District Jail,
Malir.
The Advocate General, Sindh, has
placed a report submitted by the IG prisons, Sindh in which he
has stated that he, being the competent authority, has taken
department action against some jail officials while for the
others the Home Secretary was the competent authority. The Home
Secretary has yet to submit a report. The Advocate General state
that three weeks’ time may be granted to the Home Secretary to
finalize the department proceedings and submit report. He
further states that the jail officials against whom the IG
Prisons has proceeded departmentally and they have been
punished, the restraining order dated 10th –Aug-2009, for
assigning them posting, passed in connected Cr. Misc.
Application No. 191 of 2009, be recalled against them.
Accordingly, the restraining order passed in regard to the
assignment of field posting is recalled against them. The Home
Secretary shall submit his report within three weeks. The report
submitted by IG Prisons is perused and returned.
The IG Prisons, Sindh, has Pointed out that
they are facing acute problems in prisons on account of shortage
of staff and equipments. According to him, for improving the
superintendence of the jails, increase in number of staff/
personnel is necessary and he has written letters to the
Government, copies of which have been endorsed to this Court as
well. He has stated that the staff has been increased by
sanctioning the new posts but this is longer term planning and
will not resolve the problem immediately. In this context, he
states that if police force is deputed it Would definitely
minimize the administrative problems of the jails.
Advocate General states that he will
ensure that, for improvement superintendence of the jail, the
Government will increase the staff/ manpower.
Advocate General, Sindh, shall get in
touch with the chief Secretary, Home Secretary and IG Police.
Six weeks time is granted to the Advocate General to ensure that
effective measures are being taken by the government for
improving the current state fo affairs in the jails. The matter
is adjourned to 01-Mar-2010 at 11 a.m. In case if the situation
is not improved, the Chief Secretary, Home Secretary and IG
Police, Sindh, Shall be in attendance with explanation. Office
is directed to facsimile copy of this order to the Advocate
General, Chief Secretary, Home Secretary, IG Police and IG
Prisons, Sindh, for compliance.
5th April, 2010:
Syed Muhammad Iqbal
Kazmi, Petitioner in Person
Mr. Muhammad Yousaf
Leghari, Advocate General Sindh
Mr. Akhtar Saleem,
Assistant Prosecutor General, Sindh.
The
Learned Advocate General seeks two weeks time. He state that
home Secretary , Sindh, has informed him that matter is pending
before the Chief Executive. Let an order be passed by him
failing which this Court will examine the matter on judicial
side and pass appropriate orders.
The Petitioner
present in Court informs me that cases of HIV are not being
attended to. To my knowledge, in this respect, the Government
under the supervision of Dr. Abdul Majeed chutto has lunched a
project. Let a report be called from Dr. Abdul Majeed Chutto,
over fax through MIT, as to thether the project has ended.
The
Superintendent Jail, Malir, shall also submit a report on the
next as to whether the HIV treatment is being provided to the
inmates or not in the entire Province. In the intervening
period, the Petitioner may place on record the names if the
inmates who have been declared patients of HIV. The Advocate
General shall take up the matter with Finance Department as to
whether the aforesaid project, which has been started under the
orders of Chief Executive suffers from any financial constrains,
if so, the Advocate General shall ensure that the requisite
amount be released to the Project Director for providing medical
treatment to the inmates suffering from HIV in the entire Sindh.
Copy be fixed to the concerned for information and compliance.
Adjourned to
19-04-2010 at 11.A.M
19 Apr 2010:
Applicant
present in person.
Mr. Muhammad Yousaf
Leghari, Advocate General, Sindh along with Dr. Manzoor Memon,
District Jail Malir, Dr. Fahim, Dr,Naeem and Syed Farough, of
Sukkar Blood and Drugs Donating Society, Dr. Nafees Sohail,
Program Manager, Dr. Azra and Dr, Qamar of Enhanced HIV/AIDs
Control Program, Government of Sindh;
Dr. Saeed Ahmed
Qureshi, on behalf of Secretary Health, Shakeel Ahmed, Section
Officer (Legal), Finance Department and Muhammad Arshad Khokhar,
SO Special Program.
This Order would be read in conjunction with the order passed by
this Court on 05 Apr 2010.
The Applicant has field a statement along with list of declared
patients/inmates of District Jail Malir, Karachi, who have been
suffering from HIV. Copy of the list has been supplied to the
Program Manager, HIV/AIDs Control Program, Government of Sindh;
who state that every inmate is being Provided the HIV treatment.
Let all the Inmates who are suffering from HIV/AIDs be Provided
required treatment after observing the requisite medical
formalities and protocols. However, the advocate General present
in Court shall interact with the doctors of Enhanced HIV/AIDs
Control Program and shall submit a detailed report within two
weeks from today in this regard.
Adjourned to 24 May 2010 at 11:00.am.
30 September, 2010:
Mr.
Mehmood-ul-Hassan, Advocate along with the Applicant.
Mr. Shafi Muhammad
Memon, additional Advocate General, Sindh along with
Ghulam Qadir Thebo,
Inspector General, Prisons, Nusrat Mangan, Superintendent,
Central Prison, Karachi, Ashraf Nizamani, Superintendent,
District Jail Malir, Dr. Abdul Sattar, CMO. Central Prison,
Dr. Manzoor Memon, CMO District Jail Malir, Dr. Sumaira Mughal,
CMO, Special Jail Women, Mrs. Abida Sameen, Incharge
Superintendent, Special Jail Women, Dr. Qamar Abbas, Seputy
Program Manager, Dr. Ameena and Dr. Dr. Deedar
I
have been informed that the funds approved by the Planning and
Development Department, Government of Sindh, for the HIV/AIDS
Control Program, have been ceased by the finance Deportment,
inter alia, on the ground that the funds have been diverted to
Internally Displaced Persons(IDPs), I cannot understand the
wisdom behind it. A person/inmate who is suffering from HIV/AIDS
has been denied the medical treatment in jail by withdrawing the
funds allocated for the HIV/AIDS control program, which act is
against the fundamental rights. The IDPs can be rehabilitated
but if an inmate, who is suffering from HIV/AIDS, is not
provided medical treatment he would lose his life.
I, therefore,
direct the Finance Secretary, Government of Sindh, to appear in
Court and justify the policy of the Government, which is against
the spirit of fundamental rights of citizens guaranteed in the
Constitution. In the intervening period, the HIV/AIDS Control
Program, which is being run by the Health Department, Government
of Sindh, shall continue providing medical treatment and or
screening facility to the inmates of all the prisons in Sindh. I
also direct the Health Secretary and head of Planning and
Development Department, Government of Sindh, to be in attendance
on the next date so that Court can pass appropriate orders after
hearing them.
I have also
heard the Doctors and CMO, Women Jail, Karachi. I am of the
considered opinion that the Doctors who have served beyond three
years in the Jail should immediately be transferred or
repatriated to their parent departments after providing the
substitute Doctors in their place. The Health Secretary shall
ensure compliance of this order by the next date and the I.G.
Prisons, Sindh, present in Court, shall address a letter to the
Health secretary today communicating the directives of this
Court as I am of the view that stay of the Doctors in Jail
beyond three years creates administrative problems as has been
experienced by me during my jails visits.
The I.G.
Prisons, Sindh, is also put to notice that inmates who are
either under screening or getting treatment of
Hepatitis/HIV/AIDS shall not be released unlesss relevant
doctors or Organization is informed in writing through mail or
fax and phone, copy of which communication shall be retained by
the jail authorities.
The I.G. Prisons
is also directed to keep an entry in the history tickets of the
inmates who are suffering from Hepatitis/HIV/AIDS ailments.
However, the above direction should not be misused by the
purpose behind such direction is that inmate, who is being
treated in jail for Hepatitis/HIV/AIDS, should continue his
treatment once he is released from the jail.
This order has
been passed in presence of the learned Adsitional AG, who will
communicate it to the relevant authorities over fax.
Adjourned to
25-10-2010 at 11:00 am.
Sd/-
Amir Hani Muslim,
Judge.
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