Supreme Court Acquits Senior Prison Officials in High-Profile Escape Case

Islamabad 25-06-2024: The Supreme Court of Pakistan presided over by Mr. Justice Naeem Akhtar Afghan has overturned the convictions of several senior prison officials implicated in a high-profile case involving the escape of two under-trial prisoners (UTPs) linked to a defunct terrorist organization from a judicial complex in Karachi.

The case originated from an FIR registered on June 14, 2017, following the escape of the prisoners, who were facing charges for target killings of police personnel, ulema, and doctors. The escape led to the arrest and trial of numerous prison officials, including Superintendents and Assistant Superintendents of Central Prison Karachi.

On October 12, 2019, the Anti-Terrorism Court (ATC) convicted the officials under sections 223, 225-A of the Pakistan Penal Code (PPC), and section 7 of the Anti-Terrorism Act (ATA) 1997, sentencing them to two years of simple imprisonment and fines. This decision was partially upheld by the High Court of Sindh on March 25, 2022, which acquitted some officials but maintained the convictions for others.

In a significant development, the Supreme Court, upon reviewing the evidence, found that the prosecution failed to produce concrete evidence of negligence or common intention against the higher-ranking prison officials. As a result, their convictions were overturned. However, the Court upheld the convictions of lower-ranking officials, including constables, whose active connivance in the escape was proven.

The Supreme Court's judgment emphasized the necessity of definitive evidence in criminal proceedings against public servants, referencing the principles laid out in ‘Muhammad Yaqoob v. The State’. The Court granted leave to appeal for the higher-ranking officials, converting their petitions into appeals and allowing them. Consequently, the judgments of the ATC and the High Court were set aside for these appellants, while the petitions of the lower-ranking officials were dismissed.

This landmark decision underscores the judiciary's commitment to ensuring that convictions in criminal cases are based on solid and irrefutable evidence, especially when public servants are involved.

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