SHC looks into prisoners with cases under trial

Prisons over capacity, numerous inmates still awaiting verdicts, says petitioner

KARACHI: The Sindh High Court (SHC) sought on Thursday details about prisoners who had completed more than half of their sentences, as well as details about cases that have been under trial since before 2010.

A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Abdul Mobin Lakhi, was hearing a plea pertaining to delays in under-trial cases and the bail of prisoners in these cases. The plea maintained that according to state statistics, the actual number of prisoners in jail is much higher than the number of prisoners who have been awarded sentences.

A report by the Human Rights Commission of Pakistan claimed that 25 jails in Sindh are over capacity by a total of more than 6,000 prisoners. Central Jail Karachi alone, which has space for 2,400 prisoners, currently holds 6,006 prisoners, while Malir District Jail, with a capacity for 1,591 inmates, accommodates 3,483 prisoners. Matters are even worse for the 1,955 women and 1,225 children in Pakistani prisons.

Prisoners in the country's jails face dire conditions. Only three doctors are available for Karachi's jails, and no vaccination drives have been reported in the prisons. Inmates are suffering from various diseases and at risk of further outbreaks; at least 71 prisoners in Balochistan and 50 in Sindh suffer from AIDS. Meanwhile, 11 prisons in Balochistan face severe water shortages. With over-capacity prisons, it is impossible to provide adequate facilities.

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According to the report, a number of prisoners die awaiting verdicts in their cases. Meanwhile, 91 per cent of prisoners with cases under trial do not know the allegations against them, while 36 per cent cannot afford a lawyer to argue their case.

The petitioner's counsel maintained that a report should be sought regarding the prisoners who have spent more time in prison than the sentence awarded to them, adding that a commission should also be formed to survey the facilities and room for prisoners whose cases are currently under trial. "These cases should proceed rapidly," he said, adding that transparent trials were a legal right of every citizen.

Criminal released

A bench accepted an appeal against a sentence awarded to a criminal in a case pertaining to the recovery of weapons from his possession. The court ordered the release of Waleed while declaring the time he had already spent in prison as his punishment.

According to the police, Waleed had been found guilty by the trial court and sentenced to six years of imprisonment. 

Published in The Express Tribune, December 13^th, 2019.