Claiming mentally fit: Death row convict’s plea for medical exam rejected

Medical board stated in report that convict could write will

LAHORE: A district and sessions judge has dismissed the petition of a convict for whom constitution of a medical board and cancellation of the black warrant was being sought. His execution has been delayed since last year on grounds of mental illness.

The convict’s mother Iqbal Bano, had submitted a petition in Nazir Ahmed Gajana’s court, contending that in 2008 her son, Khizer Hayat, was diagnosed with psychosis when he was examined by the medical officer of Central Jail Lahore and physicians from Services Hospital.

Her petition stated Hayat has long-documented history of severe mental illness contracted during his confinement and the prison medical records of her son show he was diagnosed as having an instable mind since 2008.

As per her petition, the respondents in the case, inspector general of prisons and the superintendent of Central Jail Lahore, did nothing despite knowing the convict was suffering from severe mental illness.

Iqbal Bano added the overcrowded condition of “death cells” in Central Jail Lahore coupled with Hayat’s mental condition exacerbated his erratic behavior, leading to the fellow inmates thrashing him on more than one occasion. She requested the court to constitute a medical board and cancel the death warrant that was issued on July 28, 2015.

Checks, interviews

However, it is said a medical board was constituted on court orders in 2010. The board gave its opinion that the convict was found talking irrelevantly, indulging into unnecessary and meaningless detail. In 2014, the medical officer again prepared a report, stating Khizar’s neighbouring prisoners called him delusional and having a bad memory.

After that Lahore High Court stayed the execution.

However, on October 19, 2015 an additional district and sessions judge, Chaudhry Munir Ahmed, interviewed the convict. The gist of the report reads that Ahmed asked Hayat certain question, to almost all he gave rational answers.

On May 4, the medical superintendent on Punjab Institute of Mental Health was directed to constitute a special board to point out whether Hayat was fit to make a will or not. The board submitted a report stating Hayat was examined to be communicative and most of his answers to the questions made sense, but he was being irrelevant in between. He also exhibited his delusional thoughts during the conversation, the report said. However, when he was questioned on his will, he answered appropriately.

Dismissing request

Gajana said the last report of the board put forth that Hayat could make a will. Therefore, he added, there was no need to shift him to Punjab Institute of Mental Health for treatment. Hayat, 41, was a police constable who was arrested for killing a fellow cop. The Shadbagh police arrested him in October 2001 and the trial court awarded him death sentence in 2003.

Published in The Express Tribune, October 30^th, 2016.