ISLAMABAD: The Supreme Court said the federal and the provincial governments must reconsider the prisoners’ laws, enabling the prisoners to be treated in accordance with law, to enjoy the equal protection of law.
Prisons should provide an atmosphere to prisoners especially those incarcerated in death cells in order to maintain their human identity and respect, their personal values and dignity, which is their constitutional right.
All the respective governments should consider making of policy, enacting laws and/or amending the existing laws, in line with the international standards, in order to minimise the period of detention of prisoners in death cells to a possible minimum extent.
A three-judge bench, headed by Justice Jamal Khan Mandokhail and comprising Justice Ayesha A Malik and Justice Syed Hasan Azhar Rizvi, maintained that in a review petition of a convict, awaiting execution of his death sentence and till date, which is uncertain.
The petitioner has served out his sentence for more than life term and that too, in a miserable and inhuman condition while incarcerated in a death cell for 24 years, which has compromised his personal values and dignity. After his arrest in a case of murdering two persons and injuring two others on 16.07.1990 till date, the petitioner has served out more than 34 years sentence, without any remission, out of which, he remained in the death cell for about 24 years.
The court upheld its judgment dated 28.10.2015, passed in Crl Appeal No 643 of 2009, with modification in the quantum of sentence. Resultantly, the conviction of the petitioner, Ghulam Shabbir, under Section 302(b) PPC is maintained, however, death sentences awarded to him on two counts converted into imprisonment for life on two counts, with benefit of Section 382-B, Code of Criminal Procedure.
The judgment noted that as the courts are overburdened, therefore, it takes years and sometimes decades in conclusion of the proceedings in normal course. The delay in conclusion of judicial proceedings and execution of sentence awarded to the petitioner was on account of the system, hence, was beyond his control. Due to this hard fact, the petitioner has faced the agony of prolonged criminal proceedings, hence, is a victim of circumstances; therefore, he cannot be penalised for the act of the Court or the Executive.
In a number of cases, we have observed that after confirmation of death sentence by the High Court, the convict(s) are shifted to death cells, where they are kept for years and sometimes for decades, on account of delay in conclusion of criminal proceedings and thereafter, for execution of their sentence by the Executive.
There is no doubt that after confirmation of death sentence, the convict must face its consequence but the delay in conclusion of criminal proceedings and thereafter, delay in executing the death sentence of a convict would amount to punishing him twice for one and the same act, which is neither permissible under the law nor under the injunctions of Islam.
Awarding death sentence to a person does not mean that he/she be treated inhumanly by keeping them in death cell for long unlimited period of time. All prisoners living in death cell are not only deprived of their constitutional rights, but they also live under mental stress. Once the judgment attains finality, it must be implemented and executed at the earliest.
The living conditions in a death cell are miserable and altogether different from the living conditions of other prisoners, including lifers. In a death cell, the convict is under strict supervision, surveillance and is isolated.
The space of a cell provided for each condemned prisoner is about 9 x 12 feet, with a single toilet to be used jointly by all the prisoners confined in their respective cells, which compromises their privacy. The prisoner is permitted to go out of the cell twice a day, but only for half an hour each.
The death row prisoner is not permitted to participate in any extracurricular activities, nor is entitled for the benefits and rights available to other prisoners, incarcerated in general prison. The convict is forced to live in such an inhuman condition.
The date and time of execution of his sentence is uncertain, which in the given circumstance results into horrible feelings and creates anxiety.
It is not just the prisoner who suffers, it is the family too, who serves the penalty by way of mental torture, in taking care of him, while incarcerated.
Copyright Business Recorder, 2024
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