KARACHI: It is unfortunate to observe that neither government nor law enforcement agencies follow law and procedure violating fundamental rights of citizens. Both are not aware that chaining or handcuffing accused of all classes is illegal. Advocate Burooj Huma Hashmat replying to query from Daily National Courier quoted that Section 49 Cr. P.C. is clear which allows escorting accused persons. Spirit of law also grants human behaviour to ordinary prisoners.

This inhuman behaviour and humiliation should be stopped forthwith. She said that law does not provide provision of handcuffs or chaining all accused. On other hand, under-trial or convict persons have entitled to treatment in accordance with their status, education and high mode of life in addition to special class A.

Superior courts should take stern action and ensure that persons such as parliamentarians, professors, lawyers and income taxpayers should not be humiliated by unlawful inhuman behaviour and act.

Accused that are entitled to better or special class cannot be chained or handcuffed right from time of their arrest, as under trial prisoners or convicts. Even graduate paying income tax is supposed to accustom to better mode of life and they can only be escorted but without putting handcuffs or blindfolded. According to Burooj law enforcement agencies and authorities of prisons are bound to maintain this fundamental right and courts should not act blindly at time of granting judicial custody. It is reported that in murder case in Karachi, there were 17 religious scholars accused of murder were granted B class by Session Court.

Published in The Daily National Courier, February, 03 2023

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