PM directs release of women prisoners in line with top court order

Prime Minister Imran Khan on Wednesday directed authorities concerned for immediate implementation of the Supreme Court’s order pertaining to the release of under trial and convicted women prisoners.

The premier has asked for the release of under trial and convicted women prisoners who fulfil the criteria of apex court’s order passed in April. He has also asked for immediate reports on foreign women prisoners and women on death row for humanitarian consideration.

PM Imran made the announcement after a meeting with Minister of Human Rights Dr Shireen Mazari, Attorney General for Pakistan (AGP) Khalid Jawed Khan and Barrister Ali Zafar.

“I have asked for immediate implementation of SC order 299/2020 for release of Under Trial women prisoners & convicted women prisoners who fulfil criteria of SC Order,” the PM tweeted.

“I have also asked for immediate reports on foreign women prisoners & women on death row for humanitarian consideration,” he added.

Initially, the Islamabad High Court (IHC) and the Sindh High Court (SHC) had granted bail to the under trial prisoners (UTPs) in view of the Covid-19 outbreak.

However, the top court had overturned IHC’s March 20 and SHC’s March 26 orders in April by recalling their directives to release UTPs in view of the overcrowding of jails against the backdrop of the coronavirus outbreak. Resultantly, the prisoners released in pursuance of the high court orders were required to be taken into custody again, except those falling within the categories suggested by AGP Khan.

On September 2, the premier has also issued directions for the prompt implementation of the apex court’s order carrying AGP’s proposals. In the cabinet meeting on Tuesday, PM Imran also stressed that the process of consultation with AGP on the recommendations of the committee set up to provide relief to women prisoners be completed as soon as possible to provide relief to women in jails.

AGP proposals approved

The proposal said that accused persons charged for offences under non-prohibitory clauses or under vagrancy law or offences carrying less than three years sentence may be considered for bail. AGP Khan added that it should not be considered in cases involving abuse or violent acts against children and women, but persons suffering from ailments or disability should be considered.

The country’s chief law officer had said that bail should be considered in the case of UTPs who are 55-years-old or older, provided there is no history of past convictions and added that it should also be extended to all women and juvenile UTPs.

He further proposed that bail in these cases may be extended on personal bonds. “Some categories of convicted persons may be considered for release by the provincial governments under Section 401 of the Code of Criminal Procedure (CrPC).”

Moreover, the AGP  had maintained that convicts who have completed their sentences but remained in jail due to non-payment of fine/monetary penalties and women/juvenile convicts who have served 75 per cent of their sentence and have no history of past convictions can be released.

In addition, he continued, convicts whose remaining term in jail is six months or less – provided that the offence was not abuse against women or children – and women/juveniles who are sentenced to a term of one year or less, may also be released on bail.

Prison population

A report of the Justice Project Pakistan (JPP) had revealed in May that there were 77,275 prisoners in Pakistani prisons against the authorised capacity of 57,742 prisoners in Sindh, Punjab, K-P and Balochistan. “This is 34 per cent more than the official capacity.”

The JPP’s report had stated that there were a total of 1,204 female and 1,248 juveniles imprisoned in Pakistan. It further added that 83 mothers with 90 children were in various jails of Punjab and 37 mothers with 50 children in K-P.

“Women with children represent a vulnerable section of Pakistan’s prison population who should be considered for immediate release in the wake of Covid-19,” JPP had suggested.

The report revealed that out of Pakistan’s total prison population (77,275), 65 per cent of all prisoners are currently undergoing trial. “This means that 48,008 prisoners out of Pakistan’s prison population have not yet been convicted of a crime."