The Cabinet of the Malir Bar Association has formally urged the Honorable Chief Justice and esteemed Judges of the Administrative Committee of the Sindh High Court to reconsider and revoke Notification No. 138/MIT-II, dated January 19, 2024. This notification mandates that Under Trial Prisoners (UTPs) be presented in court via video link, a practice that has raised significant concerns among legal representatives and the UTPs themselves.
In a statement, the Bar Association highlighted the myriad challenges posed by this method of court appearance. Defense counsels have reported difficulties in conferring with their clients during the recording of evidence, which compromises the defense process. Furthermore, technical issues, such as video link disruptions, have been noted, leading to instances where UTPs are unable to comprehend the proceedings adequately.
Crucially, the inability of UTPs to communicate relevant facts to their counsels during critical moments in court has raised alarms regarding the integrity of their legal representation. The Bar Association argues that this practice undermines essential provisions of the Criminal Procedure Code (CrPC), including sections 353, 167, 265-C, 227, 340(2), and 342, as well as Articles 10 and 10-A of the Constitution, which guarantee the right to a fair trial.
Nasir Raza Rind, President of the Malir Bar Association, emphasized that while logistical convenience and cost efficiency are important, they must never come at the expense of justice. “Justice must not only be done but must be seen to be done,” Rind stated, advocating for the fundamental rights of UTPs to ensure their access to proper legal counsel and a fair trial.
The Malir Bar Association stands firm in its commitment to uphold the principles of justice and calls on the judiciary to address these pressing concerns promptly.
Reported by
Sidra Tabassum
