1. Mohammad Karim Khan Agha, J. The National Accountability Bureau (NAB) has issued a call up notice dated 19th June, 2025 to the Additional Chief Secretary, Home Department, in respect of granting parole to Under Trial Prisoner (UTP) hnran Ahmed Shaikh in Reference Nos. 02 & 03 of 2021 titled The State v. Munawar All Bozdar & others in order to attend a family wedding (the Notice) which has been challenged by the petitioner through this petition.
2. According to learned counsel for the petitioner, under Rule 916 (2)(d) of the Sindh Prisons & Corrections Service Act & Rules, 2019 (the Rules) the Chief Minister may grant parole for more than Forty eight hours including travelling time in respect of the case of marriage of blood relatives (as was done in this case) as stipulated in Rule 916 (2)(d) (supra) which is set out below for ease of reference: "916. Power to grant authorized absence to attend marriage.
(7) In ease of marriage of daughter or son, the following authorities shall have the power to grant authorized absence:-
(a) Home Secretory upto twenty four hours excluding traveling lime;
(h) Minister or Advisor for Prisons, as the case may be, up to Forty Eight hora's excluding traveling time;
(c) Chief Secretary rip to Seventy two hours excluding travelling time;
(d) Chief Minister more than seventy two hours excluding travelling time.
(2) In ease of marriage of other blood relative Le. brother, sister, nephew, niece, maternal or paternal uncle and ant, first cousin.,
(a) Home Secretary up twelve hours excluding traveling time;
(b) Minister or Advisor for Prisons , as the case may be, up to twenty four hours excluding traveling time;
(c) Chief Secretary up to forty eight hours excluding travelling time;
(d) Chief Minister more than Forty eight hours excluding traveling time.
3. It appears from the record that all necessary requirements of Rule 916(2)(d) were complied with.
4. Furthermore, prima facie, it is an executive function to grant parole to a UTP or convict under the Rules and not a judicial function. Special Prosecutor NAB and AAG have not been able to point out any illegality in granting of parole to UTP Imran Ahmed Shaikh by the competent authority for limited period to attend a marriage even otherwise the person who was granted parole lmran Ahmed Shaikh has already been granted post arrest bail which makes this question somewhat academic.
5. Under these circumstances. we set aside Notice issued by the NAB dated 19.06.2025 which is at Page 75 of the file as well as any direction from the concerned trial Court directing NAB to proceed against the petitioner in respect of grant of parole to Imran Ahmed Shaikh.
6. At this stage, we would like to point out that it is not unusual for humane societies to grant a short- term parole to UTPs and even convicts to attend events of an extremely personal nature, such as weddings and funerals of their relatives and in such cases, the UTP or convict, as the case may be is always under the supervision of the police so that he may not escape and is returned to custody once his period of parole expires. It seems to us particularly inhumane and cruel to deny such a concession to a UTP who has not been convicted of any crime as marriages and funerals etc. are important aspects of his personal life which he should not easily be deprived of attending provided that permission is given by the competent authority in accordance with the Rules.
7. However, the Government of Sindh is advised that though it has the authority under Rule 916 (2)(d) to grant parole to UTPs, but such authority should be exercised diligently and should not be for any unjustifiably long periods.
8. A copy of this order shall be sent to the Chief' Secretary, Government of Sindh and Accountability Court No,1, Hyderabad, for information and compliance.
9. The instant petition stands disposed of in the above terms alongwith pending application(s).