Arguments sought on prison officials’ bail

Govt files appeal against granting of bail to three officials accused of negligence

KARACHI: The Sindh High Court (SHC) has sought arguments from the parties in support and against granting of bail to three prison officers facing inquiry over the escape of two alleged militants from the Central Jail, Karachi.

A two-judge bench, headed by Justice Naimatullah Phulpoto, was hearing bail applications and an appeal filed by the provincial government through the prosecutor-general against grant of bail to the suspended officers.

On June 13, the prisoners, Shaikh Mohammad Mumtaz alias Firoun alias Sher Khan and Mohammad Ahmed Khan alias Munna, said to be associated with banned militant group Lashkar-e-Jhangvi, had escaped from the central jail.

The three officers, Prison Superintendent Ghulam Mustafa Shaikh, Deputy Superintendent Faheem Anwar Memon and Assistant Superintendent Abdul Rehman Shaikh, were arrested for negligence in the aftermath of the incident.



A case was registered against the jail officers for their alleged negligence and the escaped under-trial prisoners under sections 223 (escape from confinement or custody negligently suffered by public servant), 224 (resistance or obstruction by a person to his lawful apprehension) 225 (resistance or obstruction to lawful apprehension of another person), 225-A (omission to apprehend, or sufferance of escape, on part of public servant in cases not otherwise provided for ) and 34 (common intention)  of the Pakistan Penal Code at the New Town police station. Later, the Counter-Terrorism Department, which is investigating the case, also added Section 7 of the Anti-Terrorism Act in the FIR.

However, an anti-terrorism court, later granted bail to the three officers against a surety of Rs100,000 each.

Challenging their bail through an appeal, Sindh Prosecutor-General Shahadat Awan had argued that the escape of the two prisoners was a serious matter, which could not be taken lightly. The three officers are booked in a case registered against them under the charges of negligence and facilitating terrorists, he told the court.

The top prosecutor had further argued that the ATC's order of granting bail to the accused is liable to be set aside. He pleaded to the court to cancel the bail granted to the three officers.

On Thursday, the bail applications as well as state's appeal were fixed for hearing. Therefore, the judges directed the PG and lawyers representing the applicants to make arguments on the matter on the next date of hearing.