Landmark ruling

The Islamabad High Court has given a landmark ruling that a prisoner could sue the state for the lack of facilities in jails of the country. IHC Chief Justice Athar Minallah on Sunday issued a 38-page judgment in a case pertaining to conditions of prisoners in jails. The court in its ruling said the condition of prisoners in jails is a constitutional and human rights case. The IHC CJ justified the demand of the prisoners for suing the state in this connection. The learned judge told the government to provide advocates to the poor prisoners free of charge and ensure implementation on the Legal Aid Office Act 2009. The court also issued instructions to the Islamabad chief commissioner to establish a prosecution branch within 60 days and ensure early construction of a prison in the country’s capital. The court also instructed the district and sessions judges and the DC Islamabad and Rawalpindi to visit Adiala jail and submit a report with the registrar’s office on facilities being provided to prisoners.

On being harassed in jails, the prisoners can file defamation suit against the state and the jail administration. The court also ordered the registrar to work out a mechanism to provide legal consultation to the poor undertrial prisoners, and said that subjecting prisoners to inhuman treatment “is a serious offence of basic rights”. The court in its order emphasised the urgent need to reform the criminal justice system, and underline the elimination of political interference, saying that an effective criminal justice system is the basic right of every citizen. The court in its decision also mentioned that Pakistan has signed seven international conventions on rights of prisoners. The court is sincere in its judgement, but its implementation might face some pitfalls. According to the government’s own admission 77,000 prisoners are packed into jails country-wide against a capacity for 55,634 prisoners. 60% of these prisoners are UTT’s. Most of them are in prisons because they can’t afford money bails. 

Published in The Express Tribune, April 7^th, 2020.

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