Schizophrenic convict to be hanged on Nov 2

Federal rights ministry has advised interior ministry to stay Imdad’s execution on humanitarian grounds


Our Correspondent/Hasnaat Malik October 27, 2016
Federal rights ministry has advised interior ministry to stay Imdad’s execution on humanitarian grounds. PHOTO: ONLINE

ISLAMABAD/ LAHORE: Despite the pendency of his review petition, the Punjab prison department has obtained the death warrant of a schizophrenic convict, Imdad Ali, who will be hanged on November 2.

A sessions court in Vehari issued the death warrant for Ali, 50, who was sentenced to death in 2001 over a shooting. He has spent 14 years on death row, with 3 years in solitary confinement in jail hospital due to paranoid schizophrenia, a seriously debilitation mental illness which he was diagnosed with in 2013.

Schizophrenia and our Supreme Court

A senior law officer, belonging to Punjab, also confirmed this development. However, he expressed wonder at the issuance of the death warrant despite the pendency of a review petition.

Imdad’s most recent medical reports in September and October described him as actively suffering from psychotic symptoms and a psychiatrist at the prison deemed him a treatment-resistant case.

However, the top court last week ruled that schizophrenia does not qualify as a mental disorder under the mental health laws – a verdict that cleared the way for his execution.

The Supreme Court in its 11-page judgment on October 20 held that a psychiatric disorder like schizophrenia does not subjugate the death sentence.

“In our opinion, rules relating to mental sickness are not subjugative to delay the execution of death sentence which has been awarded to the convict,” said the SC’s verdict.

SC rules schizophrenia is 'not a mental disorder'

Safia Bano, wife of the convict, on Wednesday moved a review petition against dismissal of his petition.

The review petition said that the SC had relied upon the Indian’s court judgment, which was not applicable in Imdad’s case, adding that Indian court sought to address as to whether a convict was suffering from any mental disorder.

“But in this matter, the question is whether or not schizophrenia falls within the definition of ‘mental disorder’,” it said. The petition said schizophrenia is known to be result of structural and biochemical changes in brain and it is classified as a chronic and permanent mental disorder.

“Indeed, the petitioner’s husband jail medical record reflect that he has consistently displayed symptoms of schizophrenia is not showing signs of improvement and has active psychotic symptoms”, said the review petition.

Commenting on the development, Justice Project Pakistan executive director Sara Bilal said the black warrant has caused dismay among international and national right groups following dismissal of Imdad’s petition by the Supreme Court.

“Pakistan has signed international agreements which prohibit the execution of mentally ill prisoners – but despite this, Imdad will be hanged next week,” she said, adding that a mercy petition was filed by Imdad’s family to President Mamnoon Hussain on 19 September but it remains pending in his office.

Meanwhile, the Federal Ministry of Human Rights has also sent a letter advising the interior ministry’s secretary to stay the execution of Imdad on humanitarian grounds.

Published in The Express Tribune, October 27th, 2016.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ