RAJA SHAHID MEHMOOD ABBASI, J.---Through this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has aired his grievance as under:-- "Therefore, relying upon all above narrated submissions, it is most respectfully prayed that this writ petition may very kindly be accepted and the respondent No.2 may very graciously be directed to unfetter the petitioner in jail and allow him to walk in jail, according to Jail Manual, so that the justice could be done.
Any other relief which this Hon'ble Court deems fit, just and proper may also be granted to the petitioner"...
2. Precisely , the facts of the case for the disposal of the instant petition are that petitioner was arrested in different criminal cases and was lodged in judicial lockup and owing to that reason, he was not produced before the court and the petitioner was being kept in different jails. Being aggrieved from the conduct of jail authorities, the petitioner filed Writ Petition No.1382 of 2020 before this Court, upon which he was produced from Central Jail, Multan before the learned trial court at Vehari and consequently , the said petition was disposed of on 09.12.2020. Subsequently , the petitioner was shifted to District Jail, Vehari but he was fastened in fetters and even not allowed to walk in jail, which is against the parameters of Jail Manual. It was further stated in the writ petition that respondent No.2/Superintendent District Jail, Vehari at his own whims and without getting permission from the concerned quarter had fettered the petitioner , which is against the spirit of law as well as facts of the case. It was further mentioned that according to law, no accused can be fettered for indefinite period and according to the Prison Act, 1894, an accused can be fettered only for three months after getting permission from the competent authority but in the case of the petitioner , no such legal process was adopted. The petitioner further maintained that despite filing number of application before respondent No.2 to unfetter the petitioner in jail and allow him to walk in jail, respondent No.2 is reluctant to act within the four corners of law, hence, the act of the respondents is quite violative of Article 25 of the Constitution of Islamic Republic of Pakistan. Hence, this petition.
3. On 09.02.2021, respondent No.2 filed his report/parawise comments, according to which the petitioner has been convicted in four criminal cases whereas trial of nine criminal cases involving different offences is in progress against him. Respondent No.2 has furthe r reported that the bar fetters were imposed upon the petitioner for the period of 90-days w.e.f. 11.12.2020 to 10.03.2021 by the order of the learned District and Sessions Judge Multan vide Endst. No.7143-JI dated 1 1.12.2020.
4. Learned counsel for the petitioner contended that the petitioner has been fettered without any. legal justification and this act of the jail authorities is not only inhumane but is also in sheer violation of the fundamental rights guaranteed to the petitioner by the Constitution of Islamic Republic of Pakistan, 1973. He further maintained that even the convicted prisoner has some fundamental rights, which cannot be denied merely because of his conviction in certain cases. Finally it has been prayed that the petitioner may be ordered to be unfettered and allowed to walk within the jail premises as per rules.
5. The Amicus Curiae, appointed by this Court, has apprised that the jail autho rities have the powers to fetter dangerous, desperate and hardened criminals and those who try to create the atmosphere of unrest in jail premises can also be fettered with the prior permission of Inspector General of Prisons, Punjab, Lahore and also after obtaining necessary order from the District and Sessions Judge concerned, but the jail authorities have no authority to put bar fetters on any prisoner without any material substance against him. He has also placed reliance on the cases of Doctor Muhammad Aslam Khakhi and others v. The State and others (PLD 2010 Federal Shariat Court 1), Syed Shajjar Abbas Shah v. The State and others (2010 PCr.LJ 1935) and Majeedan Bibi v.
Superintendent Jail (PLJ 1995 Karachi 1 (DB).
6. On the other hand, learned Assistant Advocate General vehemently controverte d the submission of the learned counsel for the petitioner and contended that the petitioner was involved in different criminal cases and he is being produced in the Courts of Law in his pending cases. The bar fetters were imposed upon the petitioner for the period of three months by the order of learned Sessions Judge, Multan vide Endst. No. 7143-JI dated 11-12-2020 as well as in the light of judgment dated 16-02-2020 passed by this Court in Writ Petition No. 18109 of 2009 read with order dated 21-12-1999 passed by the august Supreme Court of Pakistan in Crl. Appeal No. 286 of 1994 and Crl.
Appeal No. 679 of 1994 as the he being hardened and desperate criminal involved in cases like dacoity , murder and possession of illegal Arms etc. Lastly , he has prayed for dismissal of the instant petition.
7. After hearing the learned counsel for the parties as well as the Amicus Curiae and going through the report/parawise comments submitted by respondent No. 2, it is noticed that the petitioner has been convicted in four criminal cases bearing FIR No.121/14 under sections 302, 324, 148, 149, P.P.C., Police Station Cantt. Okara, FIR No.181/14 under section 302, P.P.C., Police Station Cantt. Okara, FIR No.105/ 15 under section 13/20/65 Arms Ordinance, Police Station Dehli Gate Multan and FIR No.547/14 under section 13/20/65 Arms Ordinance, Police Station City Renala Khurd, Okara. Besides, the petitioner is also reported to be involved in nine other criminal cases and trial against him is pending before the courts of law. However , respondent No.4 has not mentioned anywhere in his report/parawise comments that the petitioner is violent, dangerous or had escaped or attempted to escape from jail premises. Even no material has been brought on the record while submitting report/parawise comments which could persuade this Court that respondent No.1 had satisfied himself qua the availability of sufficient reasons for imposition of fetters on the petitioner . However , respondent No.2 has produced an uncertified copy of the order passed by learned District and Sessions Judge, Multan vide Endst. No.7143-JI dated 11.12.2020, but even this order does not disclose any justifiable reason for the imposition of bar fetters. Under the law, the Inspector General of Prisons as well as the learned District and Sessions Judge were required to record reasons for imposition of bar fetters on any prison er, but prima facie, this exercise has not been carried out in the case in hand. In the absence of any material substance, the Court is unable to underst and as to how the respondents could defend their acts, which are in clear violation of the rules embodied in Chapter XXVII of the Prison Rules (Rules 643 to 655).
8. For what has been discussed above, this writ petition is hereby allowed, resultantly the petitioner is ordered to be unfettered and dealt strictly in accordance with law .