Medical board proposed for mentally ill prisoners

SC had ordered treatment of brainsick earlier in Feb

ISLAMABAD:

Complying with an earlier judgment of the Supreme Court, the law ministry on Friday proposed a medical board to examine mental illnesses of jail inmates.

In February, a five-judge larger bench headed by Justice Manzoor Ahmad Malik had issued a judgment, ordering the treatment of mentally-ill prisoners.

In accordance with the top court’s judgment, the law ministry has proposed a number of amendments in sections 464 to 475A of Code of Criminal Procedure 1898 (CrPC).

These proposed amendments suggest that the magistrate, while conducting a trial, shall ascertain the facts of mental illnesses before referring the accused person to be examined by the medical board on the basis of prescribed criteria when he has reason to believe that the accused person is suffering from mental illness and consequently incapable of making his defence.

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The amendments add that the medical board shall submit a report to the magistrate within the specified time. Upon the submission of the report, the magistrate shall examine the members of the medical board and shall reduce the examination to writing.

The magistrate shall issue a copy of the report to be provided to the legal counsel as well as the public prosecutor and the complainant’s counsel before allowing the counsels of all parties involved, an opportunity to cross-examine the members of the medical board and to furnish their comments on the report.

If the magistrate, after reviewing the entire report including the comments of medical board members, is of the view that the accused person has an unsound mind and is incapable of defending himself in court then he shall submit a fact-finding report apart from postponing the proceedings in the case.

Regarding the constitution of the medical board, the proposed amendment says that the provincial government shall be responsible for establishing and notifying a medical board.

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There shall be a medical board which shall consist of a chairperson, preferably a psychiatrist, having a minimum experience of ten years in government service. Likewise, a second psychiatrist, with eight years of government service in the bag and a clinical psychologist having minimum experience of ten years in government service will be appointed.

Fourthly, there is also an option to co-opt any professional health expert relevant to the requirements of the case.

The proposed amendment adds that the chairperson and members of the board shall be appointed for tenure of three years. No member shall be deputed to perform their duty as a member of the medical board or if he has a direct or indirect conflict of interest, it said.

The law ministry also proposed that the medical board shall be established at each divisional headquarter hospital of all the provinces for examination and rehabilitation of under trial prisoners and convicts.

Pertaining to the release of persons suffering from mental illness, the proposed amendment states that whenever an accused person is found to be suffering from a mental illness and incapable of making his defense, the magistrate or court may or may not release him depending on the assurity being given that he shall be properly taken care of and prevented from harming himself or any other person.

Regarding the accused mentally ill person’s appearance before the court, the amendment adds that the magistrate or court can appoint an officer on the former’s behalf.