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SHC seeks details of prisoners languishing in jails for non-payment of penalties

KARACHI: The Sindh High Court on Wednesday directed the provincial home secretary to file complete details about the convicts and prisoners confined in various jails of the province for non-payment of compensation.

The two-judge SHC bench headed by Chief Justice Ahmed Ali M. Shaikh also put the federal law secretary, the State Bank of Pakistan, the provincial home secretary and other respondents as well as the federal and provincial law officers on notice on a petition seeking financial support to the convicts belonging to low-income groups.

Take a look: Central prisons of Karachi, Hyderabad alarmingly overcrowded, PA told

Advocate Shahab Usto petitioned the SHC and submitted that the underprivileged convicts were languishing in different prisons of Sindh just for non-payment of arsh, diyat and daman as they had completed the respective sentences.

The petitioner further argued that the federal law secretary, provincial home secretary, the SBP and other respondents were bond under the Diyat, Arsh and Daman Funds Rules 2007 to provide financial assistance or soft loans to such prisoners.

Read more: Prison reform

He maintained that the federal government had placed the said fund under the administrative control of the ministry of law, justice and human rights while the administrative committee delegated all powers to the provincial sub-committees, to be headed by the provincial home secretaries.

The petitioner contended that it was the responsibility of the provincial sub-committees to scrutinise, process and recommend the eligible cases to the administrative committee for its consideration and approval for grant of amount.

The petitioner added that the SBP was duty-bound to issue instructions to scheduled banks to advance soft loans at a rate of interest not exceeding one per cent inclusive of all costs or interest-free loans to the convicts in this connection.

Moreover, after the amendment to the rules in 2011, he argued, the SBP may also advise the Islamic banks to pay from their charity funds to the destitute prisoners and convicts.

However, the petitioner argued that although a mechanism was available under the law, respondents had virtually done nothing to come to the rescue of the needy convicts languishing in jail only for want of compensation amount.

He further submitted that under Article 9 of the Constitution no person shall be deprived of life or liberty save in accordance with law while Article 14 provided that the dignity of man, subject to law, will be inviolable and as per Article 25 all citizens are equal and entitled to the protection of law.

He contended that the worst criminal was also entitled to his dignity as a man and the crime committed by him did not shed his fundamental rights as guaranteed by the Constitution.

The bench issued notices to the respondents as well as the attorney general and the advocate general for March 7 and also called complete details of the convicts and prisoners still confined in jails for non-payment of diyat, arsh and daman from provincial home secretary till the next hearing.

Published in Dawn, February 28th, 2019



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