Law opinion
Judicial
lock-up in Shikarpur
Anees
Jillani
It
is against the law in Pakistan, and perhaps for that matter,
in almost all the civilised countries of the world, to
keep children with adult prisoners. I need not explain
as to why this norm is practised. The colonial rulers
introduced the formal system of prisons in the Indian
Subcontinent, and soon thereafter also advanced the notion
of keeping juvenile prisoners separate from the adults.
Concepts such as Borstal Schools and Reformatory Prisons
were initiated for the first time in this part of the
world.
It
was nothing but shocking then that children in certain
prisons in the interior of Sindh were being kept with
the adult prisoners till very recently. The military a
couple of years ago tried to remove the children from
the adult barracks in the Sukkur and Hyderabad jails and
it led to serious riots. Fortunately however, the authorities
eventually succeeded in segregating the children from
adults.
I
had thus had no option but to visit the Judicial Lock-up
in Shikarpur (also known as Mukhtiarkari) during my recent
visit there when I was told that children were being kept
there with the adults. What I saw there is indescribable,
and could lead to innumerable suspensions, eventual dismissals
and resignations, and even toppling of governments in
another country. Not here of course.
The
clean shaven Mukhtiarkar at the Lock-up, Mr Imtiaz Ahmed
Mangi, appeared an educated, decent and friendly person.
But he looked so out of place in a building which was
perhaps more than 150 years old, and one-third of which
had almost collapsed. What looked hilarious was hundreds
of sacks lying in a room with a collapsed roof totally
covered with dust and some spilling paper all over. I
told him that I wanted to visit the Lock-up and he looked
bewildered. He was perhaps expecting me to express an
interest in some major real estate deal. So without wasting
anytime, we moved to the so-called jail. I told him that
I am primarily interested in meeting any under-18 prisoner:
there was one.
The
child had an infected gun shot wound, and was lodged with
about sixty other prisoners in one room. I had never seen
such a thing in my life despite the fact that I must have
visited several dozen prisons in my life. The people behind
the bars across myself hardly had room to stand what to
talk of sleeping in that place. While talking to the prisoners
I noticed that there was a hole leading to an adjoining
room. I was relieved but not for long for when I walked
a few steps, I noticed that it was equally full. Where
is the toilet I enquired the prisoners. Right behind them
in a corner. I told the Mukhtiarkar that I had to see
it. He said that he would not advise me as he could not
guarantee my security once I enter the barrack. I told
him that I was willing to take the risk; and all this
conversation was going on in front of the prisoners. So
the guard reluctantly and cautiously but of course dramatically
opened the barrack iron gate. I entered and the prisoners
suddenly lined up on both sides and started shaking my
hands and a plethora of complaints started. I reached
the toilet; it was clean and I was happy. It goes without
saying that the prisoners themselves had to clean it as
the prisoners in Pakistan are invariably their own bonded
labour.
I
asked Mr Mangi as to what kind of hell is this? And can
it get worst than this? I told him that at least release
the child, particularly so because he had committed no
crime and was only picked up by the police following his
gun shot wound after an inter-village feud. He said that
it was not possible. I am always reluctant to act as sureties
or guarantors for anybody but ended up even offering myself
as the child's guarantor: Mr Mangi said that he was helpless
as he did not have the authority to release the child.
We
kept walking towards the other remaining barracks (there
were a total of six) and I could not help noticing that
the number of inmates kept thinning out until we reached
the last barrack where there were only a few prisoners
in the whole room. Now do I need to explain the reasons
behind this luxury? And the last two barracks were the
only ones that were getting any sun light. The others
did not get any. One prisoner was even openly using a
mobile phone and I could not help recalling the recent
action taken by the Supreme Court of India against the
Bihar Government for letting a sitting MLA from the ruling
party use his mobile phone from the prison.
On
the one hand was the under-18 prisoner and then I came
across an around 75 year old man. He was shaking extremely
violently and my first reaction was that he was perhaps
simply acting in front of me. I told him to stand still
but the other prisoners told me that he was not acting
and this is how is shaking all the time. His crime: shooting.
The guy could not shoot an elephant, unless he was really
a good actor.
There
are a couple of things now that should be kept in mind
about the Shikarpur Mukhtiarkari. It was a Judicial Lock-up
and there were thus no convicted prisoners. Almost 90%
percent of captives eventually are absolved of all charges
and unconditionally released by courts. What would be
the compensation to the 270 under-trial prisoners locked
in this Lock-up? Had it been the United States, they probably
would have ended up recovering millions as damages. Here
all they could earn from the courts of laws are lots of
tareekhs (adjournments).
The
second point about this Lock-up was its over-crowdedness.
It was simply unbelievable to see so many people lodged
in one room. And the crux of this whole phenomenon is
the fact that there is a newly built District Prison in
existence in Shikarpur that is lying unutilised for the
past three years due to bickering amongst the various
departments in the Government of Sindh. I leave it to
the Government officials to explain the reasons for the
delay in making the prison operational. But regardless
of the basis, and how good it may be, how would anybody
in the Government of Sindh explain the misery of these
prisoners living in the enlightened moderate Republic.
Mr
Mangi nice as he was insisted on my taking cold drinks
and biscuits in his office. It was hard to do this after
seeing all of the agony. I called the DCO - District Co-ordination
Officer from his office enquiring as to why is the Government
not transferring the prisoners to the newly built prison.
He said that he was helpless and instead asked me to help
him. Strange? This Lock-up is not a normal one and so
the prisoners are not even allowed to go out at any time
of the day. You can imagine the plight of the ones who
are living in the barracks that are not getting any sun
light in this cold. All kinds of ailments in such an environment
are simply expected to be part of life. Mr Mangi mentioned
in passing that scabies is one of the most common ailments
in this place: the biscuit almost fell out of my hands.
I found an excuse to rush to his toilet to wash my hands
but there was no water. I found some drinking water to
clean my hands. Hands hopefully were free of scabies but
the mind has developed bad patches about this strange
system obtaining in our Land of the Pure.
The
author is an Advocate of the Supreme Court of Pakistan.
