Condemned prisoners with mental illness: SC directs govts to constitute medical board for evaluation

LAHORE: A full bench of Supreme Court of Pakistan headed by Justice Manzoor Ahmad Malik observed that a condemned prisoner, due to mental illness, is found to be unable to comprehend the rationale and reason behind his/her punishment, then carrying out the death sentence will not meet the ends of justice and directed the federal and all four provincial governments to constitute a medical board for evaluation and examination of the mentally ill prisoners on death row.

The bench announced its verdict here Wednesday in appeals of three condemned prisoners Imadad Ali, Kaneezan Bibi and Ghulam Abbas to determine questions relating to culpability, competence to face trial, and execution of sentence in case of accused and convict persons who are suffering from mental illness.

The bench however made it is clarified that not every mental illness shall automatically qualify for an exemption from carrying out the death sentence. This exemption will be applicable only in that case where a Medical Board consisting of mental health professionals, certifies after a thorough examination and evaluation that the condemned prisoner no longer has the higher mental functions to appreciate the rationale and reasons behind the sentence of death awarded to him/her.

The bench directed the governments to constitute a medical board comprising of three qualified and experienced psychiatrists and two psychologists from public sector hospitals and Islamabad and at each divisional headquarter of the provinces for examination, assessment and rehabilitation of the under-trial and convicts prisoners , if referred by the jail authorities. The said Medical Board shall also be authorized to examine those accused persons who are referred by the trial courts under the provisions of sections 464 and 465 Cr.P.C. for examination mentally ill persons who no longer have the higher mental functions to appreciate the rationale and reasons behind the sentence of death awarded to them.

The bench also directed the federal and all the provincial governments to establish high security forensic mental health facilities in the teaching and training institutions of mental health for assessment, treatment and rehabilitation of under trial prisoners and convicts who have developed mental ailments during their incarceration.

The bench also directed the Federal Judicial Academy, Islamabad and all the Provincial Judicial Academies to arrange courses for trial court judges, prosecutors, lawyers and court staff on mental illness including forensic mental health assessment.

The bench also directed the Federal and all four provincial governments to launch training programs and short certificate courses on forensic mental health assessment for psychiatrists, clinical psychologists, social workers, police and prison personnel.

The bench also directed the office to send copies of this judgment to the Federal Secretary, Ministry of Law & Justice, Federal Secretary, Ministry of Interior, Government of Pakistan, the chief secretaries of all the four provinces as well as the Federal and provincial judicial academies for compliance.

The bench observed that the mental health of a person is as important and significant as his physical health. Unfortunately, it is often not given the importance and seriousness it deserves. Because of certain misconceptions, the implications of mental illness are overlooked and the vulnerability or disability that it causes is not given due attention.

The bench therefore held that the terms “unsoundness of mind” and “unsound mind” occurring in PPC, Cr.P.C. and the Prison Rules be substituted with term “mental disorder” or “mental illness”. The term “lunatic” wherever occurs shall also be substituted appropriately.

The bench also held that words “Civil Surgeon” and “medical officer” used in Chapter XXXIV Cr.P.C. and Prison Rules be substituted by the relevant Legislature with “Medical Board”. The Medical Board shall comprise of qualified and experienced Psychologists and Psychiatrists. The concerned governments are directed to take immediate steps to do the needful.

The bench disposing of the three pending appeals observed that without touching the mental health condition of convict Imdad Ali, there are sufficient reasons/circumstances available on record, which warrants conversion of his death sentence to imprisonment for life and he should be shifted to hospital.

However the amount of compensation and sentence in its default shall remain intact the bench added.

The bench also directed the medical board to examine Mst Kenezan bibi also and submit a report to this court. In the meanwhile, the order of her execution is suspended. She shall immediately be shifted to the Punjab Institute of Mental Health (PIMH) under the supervision of Dr. Tahir Pervaiz.

Kaneezan Bibi is behind bars for the last about 32 years meaning thereby that she has served out more than the alternate sentence of life imprison provided under section 302(b) PPC.

Consequently the conviction of Kaneezan Bibi of death on six counts is converted into imprisonment for life on six counts. She is directed to pay compensation of rupees twenty thousand to legal heirs of each deceased, in default whereof she will have to undergo SI for six months on each count.

On the completion of their sentence, they shall be examined afresh by the Medical Board and shall be released from the hospital as and when the said Medical Board opines that they are fit for themselves and for the society.

The bench however discussed the appeal of Ghulam Abbas and maintained the conviction and sentence of death awarded to him.

Copyright Business Recorder, 2021