SHC dismisses appeals of ex-jail superintendent, seven others in jailbreak case

The Sindh High Court (SHC) on Friday dismissed appeals filed by former jail superintendent and seven other officials in a jailbreak case, recalling their bail and remanding them back to prison to serve out their remaining sentences.

Former jail superintendent Ghulam Murtaza Sheikh, deputy superintendent Faheem Anwar Memon, assistant superintendents Abdul Rehman Sheikh, Naveed Ahmed, Salik Ayaz Sheikh and head clerk Rafiq Ahmed Channa along with other prison personnel were sentenced to two years in jail each by an anti-terrorism court for their negligence that resulted in the escape of suspected Lashkar-e-Jhangvi militants Shaikh Mohammad Mumtaz and Mohammad Ahmed Khan from the jail premises on June 13, 2017.

They were booked by the police on charges of abetment, disappearance of evidence and harbouring criminals. According to the prosecution, the terrorism suspects of the banned militant outfit, who were involved in several terrorism-related killing cases, had escaped from the judicial complex inside the central prison where they had been brought by jail officials in connection with the hearing of some cases.

The appellants had filed appeals against the convictions and requested the high court to set aside the trial court order. The appellants’ counsel submitted that the appellants were falsely implicated in the cases. They submitted that the appellants had nothing to do with the offence of the jailbreak, escape of the two prisoners and seizure of prohibited items in the prison.

An additional prosecutor general supported the trial court order and submitted that all the appellants were negligent in their official duties which led to the escape of two under-trial prisoners and their appeals be dismissed.

A division bench of the SHC headed by Justice Mohammad Karim Khan Agha, after hearing the arguments of the counsel and perusal of evidence of the case, observed that it was both alarming and shocking that two high-profile under-trial prisoners who were booked in heinous cases of murder literally went out of the central prison that was one of the highest security prison in the province.

The SHC observed that the under-trial prisoners were taken out of secure custody to the judicial complex which was within the boundaries of the jail without proper production orders and they appeared to have simply strolled out under the eyes of prison guards who did not even notice their absence for a day and night.

The high court observed that this was case at a minimum of negligence on part of jail authorities who were supposed to ensure the continued custody of the suspects.

The bench observed that it was ironical that such trials concerning heinous offences were held within the boundaries of the central prison in a specially constructed judicial complex to ensure both an expeditious trial of the accused and preventing them from escaping as they might escape if produced from the prison to trial courts and then returned to the prison.

The high court observed that the management and security of the prison was the sole responsibility of the superintendent who appeared to have done very little on the ground to ensure the security of the prison after assuming charge and blindly signed logs concerning the presence of prisoners who were missing.

The SHC, however, observed that the case did not fall under the purview of the Section 7 of the Anti-Terrorism Act (ATA). The high court dismissed appeals of the former jail officials except in respect of their conviction under the ATA. The SHC, however, allowed appeals of six prison personnel Rafique Channa, Yasir Ali,Nadir, Sajjad, Tagial and Atta Mohammad for want of evidence.