Muhammad Ali Mazhar , J. The petitioner is a NGO which moved this court for some directions to the respon dent No.5 to 9 to compile the data of condemned prisoners and conduct proper biometric verification in all prisons in Sindh. Various orders were passed by this court from time to time and different progress reports were filed by the official respondents towards implementation of our orders.
2. Today final report has been brought by the Inspector General (Prison) and Additional Home Secretary (Prison) to show that necessary provisions have been made and computers and other hardware have been provided in the Sindh prisons. The statement is reproduced as under:- "STATEMENT OF RESPONDENT NO.7 In compliance of the orders of Honourable High Court of Sindh, Karachi passed in C.P. No.D-4968/2013, dated 3- 11-2020 the progress updates and concrete action taken are submitted as under: A) UPGRADA TION OF SOFTW ARE: i) Inspector General of Sindh Prisons has shared the compliance report of Director IT CPO, Sindh Karachi bearing letter No.7964-70 dated 24.11.2020 (Annex-A) whereby , it has been informed that "the requisite software module in CRO system for verification of prisone rs by their fingerprints is developed and deployed with all essential paraphernalia at each prison". ii) Inspector General of Sindh Prisons has further informed through his letter No.SB-1/26290/93/2020 DATED 25.11.2020 (Annex-B) that "Senior Superintendents/Superintendents of all the Prisons have also confirmed that now the current CRO system is updated by the I.T Team of CPO Sindh, Karachi"
B). PROVISION OF COMPUTERS AND HARDW ARE EQUIPMENTS: Following hardware items/equipment have been made available at Sindh prisons in order to operationalize software module in CRO system and Prison Management Information system (PMIS): Desktop Computers 140 Nos UPS 140 Nos Biometric Devices 48 Nos Digital Cameras 24 Nos Main Server 01 Nos Backup Server 01 Nos Main UPS 01 Nos Battery Bank 01 Nos Server Racks 01 Nos Smart LEDs for dashboard 08 Nos"
As suggested by I.G. Prisons, Sindh necessary directions have been issued to Inspector General of Police, Sindh for directing the police authorities in all districts of Sindh to provide copy of CNIC of the prisoner or copy of Criminal Record Office (CRO) Report at the time of first entry of the accused in prisons so as to avoid impersonation of the prisoner .
Sd/- 24.11.2020 (ADDITIONAL SECRET ARY (PRISONS) HOME DEP ARTMENT ON BEHALF OF RESPONDENT NO.7
3. The Inspector General Sindh Prisons and Correction Services has also produced progress report. He confirms that requisite software module, Criminal Record Office (CRO) systems for verification of the prisoners by their fingerprints through NADRA has already been developed and deployed with all the essential peripherals at each prison in Sindh. In this progress report the names of prisons are also mentioned which are reproduced as under:- S.# PRISON STATUS
1. Central Prison, Karachi Deployed/Operational
2. Central Prison of W omen & Juvenile, Karachi Deployed/Operational
3. District Prison Malir , Karachi Deployed/Operational
4. District Prison Sukkur Deployed/Operational
5. District Prison W omen & Juvenile Deployed/Operational
6. Central Prison Khairpur Deployed/Operational
7. District Prison & C.F . Shikarpur Deployed/Operational
8. District Prison & C.F . Dadu Deployed/Operational
9. District Prison & C.F Jacobabad Deployed/Operational
10. Juvenile & W omen & C.F at District Prison Sukkur Deployed/Operational
11. Special Prison & C.F W omen Larkana Deployed/Operational
12. Special Prison & C.F W omen Larkana Deployed/Operational
13. District Prison & C.F Ghotki Deployed/Operational
14. District Prison & C.F Nausheroferoze Deployed/Operational
15. District Prison & C.F S.B.A Deployed/Operational
16. District Prison & C.F Sanghar Deployed/Operational
17. District Prison & C.F Mirpurkhas Deployed/Operational
18. District Prison & C.F Badin Deployed/Operational
19. Central Prison & C.F Hyderabad Deployed/Operational
20. Special Prison & C.F Nara Hyderabad Deployed/Operational
21. Y.O.I.S & C.F Hyderabad Deployed/Operational
22. Special Prison & C.F for W omen Hyderabad Deployed/Operational
4. The aforesaid details are mentioned in the confirmation letter dated 24.11.2020 issued by Director Information & Technology , Sindh Police Karachi communicated to I.G. Prisons & Correction Servi ces, Karachi after various orders passed by this court. Due to combined efforts made by the Government of Sindh, Home Department and Prisons Department, some effective measures have been taken to develop and deploy a system so that there shall be no doubt in future with regard to identity of any prison and he will go through biome tric system for his identification integrated with NADRA verification system. At this juncture, I.G. Prisons also pointed out Rule 401 of Sindh Prisons & Corrections Service Rules, 2019 (Sindh Prisons & Correctional Manual) wherein it has been provided as a mandatory requirement that the Incharge Police escort while handing over the custody to the prison authority will produce Computerized National Identity Card of the prisoners or copy of CRO record. For the ease of reference, Rule 401 is reproduced as under:- "Identification of prisoners on admission-- "(1) Before admitting of prisoner , the Assistant Superintendent Incharge of admiss ion or duty officer shall question the prisoner and ascertain his name and other particulars correspond with those entered in his warrant or order and shall give a receipt in the prescribed form to the police escort. The Incharge police escort while handing over the custody , will produce computerized National Identity Card (CNIC) of the prisoner or copy of Criminal Record Office Report (CRO) photographs or testify the identity of the prisoner in writing as per the particulars entered in the warrant of commitment to avoid impersonation".
5. The I.G. Prison further submits that though this Rule is in field since 2019 but there is some lacking in the implementation, therefore, he requests that Inspector General of Sindh Police may be directed to ensure compliance of this Rule by their escort while handing over the custody of any convict or the UTP to any prison of Sindh. DSP Raza Mian is present on behalf of AIGP (legal) undertakes that this Rule shall be fully implemented by all police officials in Sindh in letter and spirit. Learned AAG has also pointed out a letter dated 25.11.2020 issued by Section Officer (Prison-I), Home Department, Government of Sindh to the Inspe ctor General of Police and with reference of this constitution petition a request has been made to the police authority of all districts in Sindh to provide a copy of CNIC of the prison/Criminal Record Office (CRO) at the time of first entry of the prisoner in any prison so as to avert any impersonation. It appears that the Home Department has already communicated the request of the I.G. Prison now, this matte r is for only its effective implementation in future. The petition is disposed of accordingly . The Inspector General of Police and Inspector General Prison shall ensure identification of every prisoner through biometric verification and the Sindh Police shall also comply with the Rule 401 of Sindh Prisons & Corrections Service Rules, 2019 as referred to above. Copy of this order may be transmitted to the Advocate General Sindh, I.G. Sindh Police, I.G Prisons and Secretary , Home Department, Government of Sindh.