Court backs lump sum sentence against non-payment of fines

Special Judge Central of the FIA Court, Amjad Ali Shah has declared that the sentence for the non-payment of the fines of a prisoner convicted in different cases would be counted as a lump sum. “It is unconstitutional and illegal to count the penalty of non-payment of fine separately, the judge remarked and sought a complete implementation report from the Adiala Central Jail authorities regarding the punishments of the prisoners.

Advocate Muhammad Afzal Khan Jadoon pleaded in a constitutional petition that the court had sentenced prisoner Atif Maqsood to three years imprisonment and a fine of Rs0.5 million under various provisions in the passport case. The accused had to serve another six months in prison for not paying the fine. The counsel said that the jail authorities were now claiming that the prisoners had to spend six months in case of non-payment of fine against each section with total imprisonment of up to one and half years.

However, according to the Constitution and the decisions of the Supreme Court, the imprisonment for non-payment of fine would also count as a lump sum and it will only amount to six months imprisonment, the petition stated.

The judge then declared the stand as correct and ordered the Adiala Jail Superintendent to release all the accused in such cases including the petitioner by considering the sentences of all the accused as common. The court also sought an implementation report on the decision next week.

Published in The Express Tribune, May 29^th, 2024.