' KHAWAJA MUHAMMAD SHARIF, J.--- Pursuant to a direction of this Court, dated 7-2-2007, the Provincial Home Secretary, I.-G. Prisons, Punjab and Superintendent District Jail, Sheikhupura have entered appearance. The I.-G. Prisons has also submitted a report which has been perused and placed on record.
2. The Provincial Home Secretary, after having referred to Articles 110 and 111 of the Police Order, 2002 qua composition and functions of the Criminal Justice Coordination Committee,, submits that meetings of the said Committees have to be held under the Chairmanship of .The learned concerned District and Sessions Judges but the same are not being held so lapses are being created by the relevant authorities i.e. The District Police Officers and Jail Authorities in the Punjab.
3. The Inspector-General of Prisons, Punjab submits that efforts are being made by the Superintendent District Jail, Sheikhupura in the instant case as he had written letters to the District Police Officer for providing special police guard to take the prisons from jail to the learned Courts concerned but of no avail. The Home Secretary and the I.-G. Prisons submit, that the Honourable Chief Justice of Pakistan has also been pleased to take suo motu notice qua non-production of about 13000 prisoners before the learned trial Courts. The Home Secretary adds that facility of transport has sufficiently been provided to the jail authorities and the District Police Officers concerned for the purpose. The I.-G. Prisons has brought into the notice of this Court that sometimes, only warrants are submitted before the learned trial Courts and the under-trial prisoners are not produced.
4. Heard. I have heard the Provincial Home Secretary and the Inspector-General of Prisons, Punjab in detail coupled with perusal of the report submitted by the I.-G. Prisons, Punjab. In para.4 of the said report, it has been admitted that the petitioner was not produced before the learned trial Court on 3-10-200, 11-11-2006 and 30-11-2006 from jail. In para.5 the reason mentioned for his non- production was non-provision of police guard to the jail authorities. In para.9 of the said report, he has submitted as under:- "... However, keeping in view the instances of non-production of under-trial prisoners in various Courts because of non-availability of police guard at various Prisons of the Punjab, I took immediate cognizance and requested the Home Secretary, Punjab to take up the matter with the Provincial Police Officer/ Inspector-General of Police, Punjab to ensure availability of Police Escort for production of under-trial prisoners in the Courts. Also S.O.P. Regarding transportation and production of prisoners to the Courts was issued to D.I.-G. Prisons Regions and Superintendents of all the jails to contact with the local police authorities to solve the acute problem..."
' According to the above said report, the I.-G. Prison, Punjab had written five letters to the Home Secretary, Punjab, one letter to D.I.-G. Rawalpindi and two letters to Capital City Police Officer, Lahore to cope with the said problem. In para.11, he has mentioned that "the Home Secretary, Punjab has also asked the Provincial Police Officer to ensure provision of police escort for production of prisoners in the Court".
5. In the given situation it has become imperative to quote Articles 110 and 111 of the Police Order, 2002, which read as under:- "110 Composition.--- The Criminal Justice Coordination Committee shall consist of---
(a) District and Sessions Judge (Chairperson);
(b) Head of District Police;
(c) District Public Prosecutor;
(d) District Superintendent Jail;
(e) District Probation Officer;
(f) District Parole Officer;
(g) Head of Investigation (Secretary).
111. Functions of the Criminal Justice Coordination Committee.--
(1) The Criminal Justice Coordination Committee shall--- ' Keep under review the operation of the criminal justice and work towards the improvement of the system as a whole;,
(b) Promote understanding, cooperation and coordination in the administration of the criminal justice system;
(c) Exchange information and give advance notice of local. Developments, which may affect other parts of the system;
(d) Formulate coordinated priorities and plans to give effect to locally agreed policies;
(e) Raise relevant issues with the appropriate authorities;
(1) Promote the spread of good practices; and
(g) Review the implementation of any decisions taken by the Criminal Justice Coordination Committee.
(2) The meeting of the Criminal Justice Coordination Committee shall be held at least once a month. The Secretary of the Committee shall record the minutes of the meetings". (Emphasis supplied).
6. The instances are not lacking qua non-production of under-trial prisoners before the learned trial Courts. I have recently dealt with a bail matter bearing Criminal Miscellaneous No,9361/B of 2006 (Ijaz Hussain v. State) wherein vide order, dated 7-2-2007 the I.-G. Prisons, Punjab was directed to look into the matter personally as to why the accused are not being produced before the trial Courts with a further direction to apprise this Court within one month qua the action which he took against the Superintendent District Jail, Lahore. Today, I have delivered him a complete copy of the said file for the purpose. He has undertaken to take action against the delinquents within the stipulated period.
7. I have noticed and as has rightly been pointed out by the Provincial Home Secretary that meetings of the Criminal Justice Coordination Committees are not being held. As per sub-Article
(2) of Article 111 of the Police Order, 2002, the meetings of the Criminal Justice Coordination Committees are to be held at least once a month. Unfortunately, the said mandatory provision of law is not being complied with although it is settled that a mattef should be dealt within the prescribed manner as provided under the law and not otherwise.
8. The non-production of the under-trial prisoners before the learned trial Courts and consequent delay in the conclusion of trials, has attained alarming proportions and, in my opinion, is one of the major cause towards the delayed disposal of the criminal cases by the learned Courts to law which is against the golden principle in the criminal administration of justice i.e. "justice delayed justice denied" coupled with the fact that early trial is the right of an accused person. Apart from above, the delay in conclusion of trials in the criminal cases, is shattering confidence of the people on the system of administration of justice.
9. In view of the above resume of facts, which is a painful study, I am inclined to direct the learned Registrar of this Court to circulate amongst all the learned District and Sessions Judges in the Punjab to hold monthly meetings of the Criminal Justice Coordination Committees and record their minutes, as provided in sub-Article (2) of Article 111 of the Police Order, 2002. In the said meeting, they shall specifically see that why the under-trial prisoners are not being produced before the learned trial Courts regularly and who are the delinquents. The said circular shall also include a direction to the learned trial Courts (the learned Sessions Judges or the Additional Sessions Judges or the Judicial Magistrates) that they shall not pass an order on the warrants unless the under-trial prisoners/accused are produced along with the said warrants before them. It is further directed that if, in future any such type of case is brought to their notice the matter shall be brought to the notice of D.P.O. Concerned, I.-G. Prisons, Punjab and Provincial Home Secretary for strict action against the delinquents because until and unless the matter is dealt with iron hands fruitful results cannot be achieved. The learned District and Sessions Judges in the Province shall submit their monthly reports qua the measures taken to curb the said delay through the Registrar of this Court, for the information of this Bench. The Deputy Registrar (Judicial ) of this Court is directed to immediately transmit copy of this order to the Provincial Home Secretary and the Inspector-General of Prisons, Punjab for information and compliance.
10. Bail matter. Notice to the State for an early date.