LAHORE, July 27: A Supreme Court full bench on Thursday expressed its displeasure over the Lahore district and sessions judge’s report informing the court that he had constituted a committee to look into the condition of more than 100 under-trial prisoners who were being reportedly kept in fetters in small Kot Lakhpat Jail cells for weeks, and in some cases even for months.

Comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Syed Tasaddaq Husain Jilani and Justice Karamat Nazir Bhandari, the apex court observed that D&SJ was directed on July 24 to himself visit the prison and hear all the fettered prisoners in the presence of inspector-general (Prisons), and decide on case-to-case basis if the prisoners were being treated within the four corners of the law. But, instead, he had constituted a committee which was not mandated, and was also in conflict with the law which required a D&SJ to visit the prison in the district and submit a monthly report.

The D&SJ also sent a court officer to submit the report in the court which stated that the number of the under-trial prisoners being kept in fetters in the jail was 109, and the administration had removed fetters of eight of them.

The court again directed the D&SJ to visit the jail and decide the cases of fettered prisoners on individual basis after giving them a personal hearing. The court also directed the D&SJ to submit his report when the court would resume the case hearing after summer vacations in September.

A Kot Lakhpat Jail assistant superintendent submitted that the jail superintendents’ power to order the chaining of prisoners were dispensed with under a Supreme Court order in 1990. At present, such orders were issued by the IG (Prisons) with the approval of the district and sessions judge as was done in the case of more than 100 under-trial prisoners. He submitted that each of the chained prisoners was facing charges in several cases.

The court observed that prisoners could not be put in chains merely because they were facing charges in more than one offence. Such an action would mean that jail authorities had punished an accused person even before he was sentenced, and this action was against the norms of justice. The court also observed that a prisoner was put in chains for his bad conduct in the jail, and this was provided in the law. Even such a punishment was meant for a limited period and could not be extended indefinitely.

The court observed that the jail authorities were violating the law by chaining a prisoner without examining his conduct. The court observed that there were instances that jail authorities fettered a prisoner for not obliging them and chains were removed when he obliged them. This was simply pathetic, the court observed.

The apex court also remarked that the situation in the jail was alarming, and highly sensitive as authorities concerned were not only defying a Supreme Court order against keeping prisoners in chains but also violating fundamental rights and the norms of human dignity.

The court initiated proceedings on the issue on a letter written to the chief justice of Pakistan by an under-trial prisoner, Syed Azhar Husain Shah, stating that he was being kept in fetters and confined to a small cell at Kot Lakhpat Jail round the clock for 10 months. Taking a suo moto notice of the letter, the chief justice turned it into a petition.