The Karachi Bar Association has formally issued a letter urging the Honorable Chief Justice and the esteemed judges of the Administrative Committee of the High Court of Sindh to reconsider and recall Notification No. 138/MIT-II, dated January 19, 2024. This notification mandates the presentation of Under Trial Prisoners (UTPs) in court via video link, a practice that has raised significant concerns among legal professionals.
In their letter, the Karachi Bar Association highlights several issues arising from this practice. Defense counsels have reported difficulties in conferring with their clients during the recording of evidence, which undermines the defense process. Technical difficulties, such as video link disruptions, have been noted, and many UTPs struggle to understand the evidence being presented, leading to significant gaps in their ability to inform their lawyers about crucial facts in real-time.
The letter asserts that this practice effectively undermines critical 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.
President Amir Nawaz Warraich emphasized that while logistical convenience and cost efficiency are important, they should never compromise the principle of justice. “Justice must not only be done but must be seen to be done,” he stated, stressing that the current practice fails to uphold this fundamental tenet.
The Karachi Bar Association earnestly requests the Chief Justice’s intervention to restore the traditional practice of physically presenting UTPs in court, thereby ensuring their rights and the integrity of the judicial process.
This appeal comes in the wake of similar concerns raised by the Malir Bar Association, reflecting a growing consensus within the legal community regarding the need to protect the rights of under trial prisoners and uphold the sanctity of the judicial process.
