Shabbir Ahmed vs The State
This matter concerns a bail application filed by an accused person who has been in custody since March 2015 in connection with several criminal cases pending before an Anti-Terrorism Court. The core legal question was whether the prolonged detention of the accused, coupled with the vacancy of the presiding officer's court and the accused's deteriorating health, necessitated the transfer of the cases to another court and a directive for medical treatment. The Court held that the right to an expeditious and fair trial is a fundamental right guaranteed under the Constitution. Consequently, the Court ordered the withdrawal of the cases from the vacant Anti-Terrorism Court and their transfer to another Anti-Terrorism Court for expedited disposal. Furthermore, the Court directed the prison authorities to provide necessary medical facilities to the applicant, emphasizing that the object of criminal prosecution is not to punish under-trial prisoners indefinitely. The principle laid down is that the judiciary must ensure timely justice to prevent the erosion of public confidence and to protect the fundamental rights of the accused.
- Does the right to an expeditious and fair trial constitute a fundamental right under the Constitution of Pakistan?
- Can a High Court transfer cases from a vacant Anti-Terrorism Court to another court to ensure timely disposal?
- Is the state obligated to provide medical treatment to an under-trial prisoner suffering from a chronic illness?
- Section 23(i)(a), Sindh Arms Act 2013
- Section 4, Explosive Substances Act 1908
- Section 5, Explosive Substances Act 1908
- Section 7, Anti-Terrorism Act 1997
- Article 10A, Constitution of Islamic Republic of Pakistan 1973
ORDER
ABDUL MAALIK GADDI, J .-
1. Urgency disposed of.
2. Over ruled.
3-4. It is stated by the learned Counsel for the applicant that applicant is in custody since 11.3.2015. He further submits that Special Case No.D-238/2015 and Special Case No.E-238/2015, out of Crime No.54/2015, under section 23(i)(a) of Sindh Arms Act, and sections 4/5, Explosive Substances Act, read with section 7, A.T.A. of Police Station Azizabad, Karachi, were amalgamated by the trial Court with other connected matters, pending before trial Court being Crimes Nos.52 to 65 of 2015 respectively of Police Station Azizabad, Karachi and according to him, in these matters, trial Court has recorded evidence of all prosecution witnesses and statements of accused involved in the said crimes have also been recorded, but further proceedings could not be taken place as the learned Presiding Officer of the trial Court is on earned leave and trial is being delayed. He further submits that applicant Shabbir Ahmed is chronic heart patient with high blood pressure and is not being properly treated inside the jail, therefore, he prayed that jail authorities may be directed to provide all medical facilities to the applicant as per law.
However , under the circumstances, he submits that he would be satisfied and shall not press this bail application, if instant matter along with other connected matters may be withdrawn from the file of Anti-T errorism Court No.XVIIth, Karachi (being vacant), and transferred to any other Anti-T errorism Court having jurisdiction for disposal of these matters as per law as early as possible.
Learned Additional Prosecutor General, Sindh present in Court in other cases, waives notice and recorded his no objection to the above propositions.
It appears from the record that accused was arrested in this case on 11.3.2015 and since then he is behind the bars, almost more than four (4) years have been passed, but trial has still not been- concluded. It is observed that expeditious and fair trial is fundamental right of the accused as envisaged under Article 10A of the Constitution of Islamic Republic of Pakistan, 1973. Delay in disposal of case and imparting justice can reduce the confidence of public in judicial system and would cause frustration and anguish. The object of criminal prosecution is not to punish under trial prisoners for alleged offence and accused could not be detained for an indefinite period without remedy of trial. Under these circumstances, the instant matter along with connected matters are withdrawn from the file of Anti-T errorism Court No. XVIIth, Karachi, and transferred to the Court of Anti-T errorism Court No.XVIth, Karachi, for their disposal according to law. Since these matters pertain to year 2015, therefore, on receipt of files, transferee Court is directed to proceed these cases and decide the same as early as possible as per law under intimation to this Court, and no unnecessary adjournment shall be granted, to either side.
Since the applicant is facing heart disease, which is not disputed, therefore, under the circumstances, Superintendent Central Prison, Karachi is also directed to provide all medical facilities to the applicant Shabbir Ahmed inside jail and if his treatment is not possible inside the jail, then he may be referred to any government recognized hospital for his treatment, but as per law .
The bail application stands disposed of in the above terms. Office is directed to send the copy of this order to the trial Court for information and compliance.