๐๐ก๐ ๐๐ฎ๐ฉ๐ซ๐๐ฆ๐ ๐๐จ๐ฎ๐ซ๐ญ ๐๐ฆ๐ฉ๐ก๐๐ฌ๐ข๐ณ๐๐ฌ ๐๐๐๐ ๐๐จ๐ซ ๐๐๐๐จ๐ซ๐ฆ๐ฌ ๐ข๐ง ๐๐ซ๐ข๐ฌ๐จ๐ง ๐๐๐ฐ๐ฌ:
Honorable Justice Jamal Khan Mandokhail of the Supreme Court of Pakistan, in a recent judgment, held that our prison laws across the country direly and urgently needs reforms, as the prisoners under the existing system are treated inhumanly. They are put in such cells where their basic human rights are completely compromised in violation of the Constitution and laws. The Court said that everyone in Pakistan is entitled to protection of law and to be treated in accordance with law under Article 4 of the Constitution. The prisoners are not afforded these protections. Rather, they are treated as if they lose protection of law after being convicted and declared as offenders.
These observations were given in the context of a case where the petitioner before the Court was pleading for remission in his death sentence, having waited for his death sentence to be executed for more than 9 years. He had almost served 34 years of life in the prison after death sentence. The Court relying on its previous precedents, held that where a person has served life sentence he cannot be awarded death sentence, as this would amount to double jeopardy, which is prohibited under the Constitution.
The Court was apprised the fact that the petitioner had served 14 years in death cell where many persons are put together in a small cubical cell with an open and common triolet, where they are allowed out of the cell for half an hour only each day. The rest of the time is to be spent inside the cell. Further, the Court noted that many prisoners are made to wait for years for the execution of their death sentences. This is also inhuman and against the law.
In this background, the Court urged the governments to reform the prison laws, ensure they are in consonance with the Constitutional provisions, uphold the dignity of prisoners and ensure they are treated in accordance with law.
crl.r.p._103_2017
