1. SABIHUDDIN AHMED, J.-- Admittedly the detenu was found guilty of penal offence under sections 302/353/324 read with section 34, P.P.C. And being a child in terms of the provisions of Sindh Children Act his case was referred to the Provincial Government for passing appropriate orders under section 68(2) of the Sindh Children Act by the judgment of the trial Court, dated 31-1-2000.
2. No order appears to have been passed during 4-1/2 months and the detenu has apparently been kept in custody at the Central Prison, Karachi.
3. ' The law is well-settled to the effect that a child cannot be detained in jail and under section 68(2), perhaps, only an order of detention could be passed in terms of section 97(2) of the Act. The position has been explicitly laid down by the Hon'ble Supreme Court in Province of Sindh v. Din Muhammad (1993 SCM R 1551).
4. ' Learned Additional Advocate-General has not been able to obtain instructions or convey to this Court whether a certified school, recognized institution or a borstal school exists in the Province. In any event detention in jail being patently unlawful we cannot perpetuate illegal deprivation of liberty of a citizen. We would, therefore, allow this petition to the extent that the custody of the detenu be handed over to the petitioner who happens to be the father of the detenu and competent person to whose custody a child can be entrusted. The Provincial Government may, however, pass any appropriate order but strictly in accordance with law. It is expressly clarified that a child cannot be detained in jail and any attempt to do so might entail serious consequences.
5. Learned counsel for petitioner undertakes to comply with any lawful order passed by the Government.