On Tuesday, the Supreme Court (SC) issued a directive to both federal andprovincial governments, mandating the immediate enforcement of lawspertaining to prisoner probation.
Justice Athar Minullah authored a five-page judgment in which the courtemphasized the severe human rights violations occurring in overcrowdedprisons. The court highlighted that those most affected by the inadequateprison conditions are typically impoverished individuals and criticized thestate for failing to deliver affordable and prompt justice to them.
The court stressed the pivotal significance of granting probation-basedreleases in the face of unjustifiable deprivation of liberty, asserting,”It is the right of every eligible prisoner to be considered for libertythrough probation.”
Justice Minallah pointed out that the executive authorities’ neglect tofulfill their legal obligations and enforce laws related to inmates amountsto a breach of their duty of care towards incarcerated individuals. Thecourt order also warned that such a breach could expose the authorities andthe state to potential lawsuits by inmates suffering in overcrowded prisons.
Furthermore, the court deemed the prison conditions intolerable in aconstitutionally governed society and emphasized the state’s responsibilityto safeguard the fundamental rights of all prisoners. The court clarifiedthat prisoners enjoy all constitutional rights except freedom of movement.
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In a related development, Chief Justice of Pakistan (CJP) Justice QaziFaez Isa is scheduled to convene a meeting on Wednesday at 3 pm to discussmeasures aimed at enhancing the administration of justice.
Legal organizations, including the Pakistan Bar and Supreme Court Barassociations, have been invited to provide their perspectives on variousmatters, such as establishing benches, scheduling cases, and expeditinghearings for urgent cases.
