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SC HEARS Suo Motu Case No.2 of 2000

Dated: 26-June-2013

A three member bench, headed by Hon’ble. Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising on other two Judges, Hon’ble Mr. Justice Ijaz Ahmed Chaudhry and Hon’ble Mr. Justice Gulzar Ahmed heard the Suo Motu Case No.2 of 2000 and other connected cases. The case was heard on 25.6.2013 and the bench passed the following order:-




Reports have been received from the Provinces of KPK (CMA No.4042/2013) and Punjab (CMA No.4021/2013) along with summaries. Ms. Muneera Abbasi, Incharge, NJPMC, has also appeared. In compliance with the earlier order, no report has been filed on behalf of the Governments of Sindh & Balochistan. Let the Advocate Generals of all the Provinces to appear before this Court, after seeking instructions, to inform that what steps are being taken for improvement of the Jails. It is also to be noticed that population in the jail premises has increased invariably on account of pendency of the cases of under trial prisoners. A letter be sent to the Registrars of all the High Courts to ensure that the cases of under trial prisoners must be decided in accordance with the National Judicial Policy. The Secretary, NJPMC, is required to prepare a comparative table of all the pending cases of under trial prisoners pointing out reasons for not deciding the same, in line with the Policy. He, after collecting information from all the learned trial Courts through the respective Registrars of the High Courts, shall handover the report to the Registrar of this Court, who would present the same on the next date of hearing. Similarly, the respective Registrars of the High Courts shall also submit reports in this behalf for our perusal, on the next date of hearing.

2. It is to be noted that the prisoners lodged in different Prisons, under trial or otherwise, have equal rights of protection to life in terms of Article 9 of the Constitution, therefore, it is the responsibility of the State to provide them basic facilities and if the Prisons are overpopulated, steps for increasing the capacity by constructing new Jails or Barracks, must be taken and also to ensure that their trial should be expedited by issuing instructions to the investigating agencies/prosecution branch to take interest for producing the evidence whenever the cases are put up for hearing before the Courts.

3. Adjourned to a date after three weeks.

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