Sindh High Court (SHC) on Wednesday sought the complete details of convicts/prisoners, who are confined in various jails of the province for non-payment of Diyat, Arsh and Daman etc. The division bench of the SHC headed by Chief Justice SHC Justice Ahmed Ali M Sheikh also directed to issue notices to Attorney General of Pakistan, Advocate General Sindh, Prosecutor General Sindh and others in this regard. The court also ordered that details should also reflect how long these convicts/prisoners are behind the bars due to the reasons stated above.
The court issued these directives in a petition filed by Advocate Shahab Osto, who stated that pauper convicts have been languishing in different prisons/jails of Sindh just for non-payment of Arsh, Diyat and Daman though they have completed their respective sentences.
The petition, which made federal and provincial governments respondent submitted that both governments failed to either provide financial assistance or soft loans to such convicts/prisoners under the Diyat, Arsh and Daman Fund Rules, 2007.
The petitioner further averred that the Federal Government placed fund under the administrative control of Ministry of Law, Justice and Human Rights while in terms of Rule 5 of Diyat, Arsh and Daman Fund Rules 2007, the Administrative Committee delegated all powers to Provincial Sub-Committees, to be chaired by Home Secretaries and having a member of the Federal Government for the disposal of business.
Provincial Sub-Committee scrutinizes processes and recommends the eligible cases to the Administrative Committee for its consideration and approval for the grant of amount out of Diyat, Arsh and Daman Fund. The petitioner further stated that in terms of the Diyat, Arsh and Daman Rules, 2007, State Bank is obliged to issue instructions to the scheduled banks to advance soft loans, at a rate of interest not exceeding one per cent inclusive of all costs, or interest free loans to convicts for the purposes of these rules.
The rules amended in 2011 further provide that the State Bank may also advise the Islamic Banks to pay from their charity funds, Diyat, Daman or Arsh of destitute prisoners. The petitioner submitted that despite the mechanism provided under the law the governments have virtually done nothing to come to the rescue of the poor convicts languishing in jail just for want of payment of Arsh or Diyet or Daman, etc.
The petition stated that under Article 9 of the constitution, no person shall be deprived of life or liberty in accordance with law while Article 14 provides that the dignity of man, subject to law, shall be inviolable, and in terms of Article 25 all citizens are equal and entitled to protection of law.
The petitioner stated that the worst criminal is also entitled to his dignity as a man and the crime committed by him does not shed his said fundamental rights, which the court observed provide sufficient "food for thought", leading it to seek the details in this regard.
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