Release of poor prisoners: Sindh government asked to amend rules for paying compensation

Sindh High Court (SHC) on Tuesday ordered the provincial government to amend the rules for payment of compensation including Arsh, Diyat and Daman for the release of prisoners belonging from low-income groups.
A two-member bench of the SHC headed by Chief Justice Ahmed Ali M Sheikh issued these directives in a petition filed by Advocate Shahab Osto, who moved the court about the destitute convicts, who have been languishing in different prisons/jails of Sindh for non-payment of Arsh, Diyat and Daman though they have completed their respective sentences.
The SHC ordered the Sindh Government to furnish the report about amendment in Diyat rules within one month with the court. The bench also directed Sindh Government to take measures for the release of prisoners, languishing in the prisons for non-payment of compensation in 15-day.
Sindh Home Department submitted a report to the bench in compliance with the directives of the court, seeking details of the prisoners, who have been in jails due to non-payment of compensation.
Home department told the bench that the provincial government paid the compensation for those prisoners, who reach the age of 60 years, at which Chief Justice SHC remarked that in this way the prisoners from low-income group would have to spend whole life in jail due to non-payment of Diyat.
He directed the Sindh Government should take effective steps in this regard. Home Department informed the court that as many as 35 prisoners are in the jails of the province, which are unable to pay the compensation against their crimes. They have been sentenced by binding them to Rs.10.8 million against their offences.
The report stated that a meeting of provincial sub-committee was held and a strategy would be finalized soon in this regard. The SHC had sought the complete details of convicts/prisoners, who are confined in various jails of province for non-payment of Diyat, Arsh, Daman etc.
The petition, which made federal and provincial government respondents, 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 scrutinize, process and recommend 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 Diyat or Daman, etc.