SC recalls bail given to jailer involved in releasing criminals

Police had claimed that Qalandar Bux was releasing criminals from the prison.

KARACHI:

The Supreme Court of Pakistan has recalled the pre-arrest bail granted earlier to a deputy jailer involved in the release of several criminals on fake documents from the Sukkur central prison.

The bench, comprising Justice Anwar Zaheer Jamali and Justice Gulzar Ahmed, passed this order at the SC's Karachi registry.

Sukkur central prison's deputy superintendent, Qalandar Bux, was booked by the Civil Lines police.

Police claimed that Bux was one of the culprits involved in releasing several criminals charged with heinous crimes from the prison on fake release orders.

His lawyer, Muhammad Akbar Khan, said that the jailer himself was the victim of a conspiracy. He maintained that the applicant himself had registered two FIRs  at the Rohri police station on November 17 and November 19, 2012 respectively after the incident.



The lawyer also referred to the statement given by the co-accused Abdul Qayyum, who had exonerated the jailer for his involvement in commission of the crime in capacity of deputy superintendent.

He referred to the case relating to Sukkur prison break incident of 1996 and pleaded to the court to confirm the pre-arrest bail which was granted to the jailer by the apex court on May 16.

Opposing the plea, additional prosecutor general, Zafar Ahmed Khan, referred to Rule 127 of the Pakistan Prison Rules, which clearly states that the deputy superintendent is required to carefully scrutinise the seal of the court and signature of the magistrate before releasing any prisoner.

“The courts should not be oblivious of the fact that at present, Pakistan is confronted with many serious problems of national and international magnitude which cannot be resolved unless the whole nation as a united entity makes efforts,” observed Justice Anwar Zaheer Jamali, who headed the bench.

The bench found that a detailed report of the Sessions Judge Jacobabad, dated December 17, 2012, explicitly indicated active participation of the petitioner as one of the accused.

Therefore, the bench dismissed the petition and recalled its order passed on May 16, 2013, through which interim pre- arrest bail was granted to the petitioner. The petitioner was told to surrender himself before the trial court after which the trail court would release his surety.

Published in The Express Tribune, June 22^nd, 2013.