Safia Bano case judgment lauded

Supreme Court Judge Justice Syed Mansoor Ali Shah has said the right to dignity could never be taken away as it was one of the strongest fundamental one, which was not subjected to any law.

“Judges, who are not in touch with science, cannot produce jurisprudence,“ said Justice Shah, while giving the keynote speech at a report launch commemorating the one-year anniversary of the Safia Bano judgment. The event was hosted by Justice Project Pakistan (JPP).

“As a judge, I feel this is a great judgment [Safia Bano verdict] that has opened the gates of science to walk into our courtrooms,” he added.

“Before this judgement, there was no sensitivity towards individuals with mental illness in the system. The judgment speaks about the basic concept of human dignity. Human dignity encapsulates the notion that every person has inherent equal worth.”

Justice Shah remarked if he could have the opportunity then he would revisit the judgment and add a few things.

The judge, while referring to Article 14 of the Constitution, observed that the right to dignity was close to his heart.

Justice Shah also noted that therapeutic jurisprudence should be introduced in the country for well-being of the offender.

The JPP commemorated the one-year anniversary of the historic Safia Bano judgment – that banned the execution of prisoners with mental illness in the country --  with its latest report titled: “Trapped Inside: Mental Illness and Incarceration”. The report, launched in collaboration with Monash University Australia, aims to inform domestic and international stakeholders about the shortfalls in existing legal frameworks and the systemic flaws that compound the plight of the people with mental illness in Pakistan's criminal justice system.

Bryce Hutchesson, the interim Australian High Commissioner, gave the second keynote speech at the event. The report launch included a panel discussion. The panelists included Professor Dr Mowadat Rana, who served as amicus curiae on the case, as well as National Commission for Human Rights (NCHR) Chairperson Rabiya Javeri Agha, IG Prisons Sindh Kazi Nazeer Ahmed, and Additional Advocate General Barrister Qasim Chohan.

The panel was moderated by JPP’s Policy and Advocacy Officer Haris Zaki.

“This is not a landmark judgment for just Pakistan but the whole world,” said the interim Australian High Commissioner.

The NCHR chairperson said people with mental illness were at the bottom of the ladder in our society.

“There is no redressal for mental health in the country. If this is the situation for ordinary citizens, imagine what the state of incarcerated individuals is,” she added.

The IG Prisons Sindh noted that individuals with mental illness in the justice system should be placed in mental health facilities instead of jails.

Advocate Chohan said the judgment sensitised everyone to the plight of persons with mental illness in the justice system. “This sensitivity still needs to percolate into us,” he added.

Professor Rana stressed upon the need for reforming mental health institutes to properly care for the people with mental illness.

Last year, the Supreme Court had made a landmark decision with the Safia Bano judgment, by commuting the death sentences of two death row prisoners, Kanizan Bibi and Imdad Ali, barring the execution of individuals who were suffering from mental illness.

The top court had also set key safeguards for defendants with mental illness on death row.

The JPP report highlights that defendants with mental illness often remain undiagnosed, are unable to adequately participate in their defence, and are sentenced harshly as trial courts remain unaware of the legal frameworks that exist to protect them. It focuses on the steps stakeholders can take to promote and protect mental health and well-being of individuals at each stage. The report was dedicated to the late Dr Malik Hussain Mubashir as well as the late Justice Shakil Ur Rehman, due to their unwavering support for the cause in Pakistan’s justice system.