‘Prison officials must ensure convicts’ appeals are filed’

SHC chief justice has taken notice of prisoners languishing in jails

KARACHI: Sindh High Court (SHC) Chief Justice Ahmed Ali M Sheikh has ordered the chief of the prisons and all prison superintendents to ensure that the appeals of convicted prisons were filed within the stipulated time in the relevant courts.

This order came in a letter addressed by the SHC's member of inspection team-II to the prisons inspector-general and the superintendents of all prisons in the province.

Sources said the top judge had taken notice of applications received from several convicted prisoners languishing in jails against the prison authorities for failing to file their appeals in the appellate courts concerned — the high court and the Supreme Court.



The prisoners had disclosed that in several cases no appeal had been filed by convicts, as either they were unable to engage a lawyer or were unaware of the procedures as envisaged under Section 420 of the Code of Criminal Procedure.

Section 420 says: "If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer incharge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court."

The letter stated that the "superintendents of the jail appear to have miserably failed to perform their statutory duties and fulfil responsibilities in accordance with the terms of Rule 90 of the Prisoner Rules, 1894."

Under Rule 90, the prison's chief is required to inform the accused about the period within which an appeal against the order by which they were committed to prison, was to be filed.



Therefore, CJ Sheikh ordered the officials to act in accordance with the terms of Rule 90 of the Prison Rules, 1894 and ensure that if an accused was convicted and unable to file an appeal through an advocate, then their appeal may be forwarded by the jail superintendent concerned within the stipulated period.

"Failing which the concerned jail superintendent will be exposed to strict disciplinary action," CJ Sheikh warned.

The IG and superintendents have been directed to ensure strict compliance with the order.