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Legal proceedings for prisoners: A brutal nightmare!

January 31, 2010 No Comment

Karachi: The pain and anguish of what a prisoner undergoes when he is in jail, despite being cleared from court is something that our legal system does not feel. Prisoners, who have completed their full terms and are still behind bars can only convey their anger, frustration and sheer helplessness against the pathetic speed of legal proceedings.

Several prisoners await release orders in jails of Pakistan.

Several prisoners await release orders in jails of Pakistan.

There are several prisoners who have been granted impunity by court and are still awaiting their release orders, hence spending 2 or 3 years more in jails than what they deserve. Hundreds are also looking forward to speed up their court proceedings.

Sherdil, son of Aslam Khan, is one such victim, who awaits his release orders in Haripur jail. He completed his 10 years in prison on March 24, 2007 after being convicted in a murder case.

The Supreme Court of Pakistan transferred Sherdil’s case to Abbottabad Judicial Court a year back.

However, the deceased’s guardians agreed to forgive Sherdil against Khon Baha (cash compensation), in accordance with Islamic Sharia’h. The compensation money of Rs. 6 lac was handed over to them.

The Supreme Court of Pakistan directed the Judicial Court to return the case since reconciliation was made between the two parties. The case is now in the Supreme Court and awaiting a court hearing.

Sherdils’ parents died while he was in prison and he still awaits his impunity after spending 13 years in jail.

Khalid Badshah son of Mohammad Shah is another such person who is waiting for his release orders since a year, despite the fact that courts have made decision in his favour. He has also been behind bars since last 13 years.

Similar conditions prevail in other jails of Pakistan. Talib Hussain Shah, son of an eighty year old woman is waiting for his impunity in Kotlakhpath Jail Lahore. He has been prison for last 21 years.

The story does not end here. Khalid, Malik Ikram, Rafique, Javed and Jahanzaib are no different than Sherdil, Khalid Badshah or Talib Hussain Shah. They are among the so many in various prisons across Pakistan who are desperately waiting for their hearings at Supreme Court of Pakistan. Several months have passed and no hearings have taken place, hence, delaying their release.

According to Ansar Burni Trust, justice to several prisoners have been delayed for as long as six to seven years, because their hearings are not proceeded in the courts. While talking to The Eastern Tribune, Sarim Burni, spokesperson of the Trust said that as many as eight thousand prisoners are waiting for their death sentences to be acted upon.

Sarim Burney from Ansar Burney's Trust

Sarim Burney from Ansar Burney's Trust talking to The Eastern Tribune

There are 12,833 prisoners in Haripur, Karachi, Peshawar and Adyala central jails, out of which 596 are inside death cells.

When prisoners were approached in general to get their point of view, they were of the opinion that their cases are being delayed in the Supreme Court because of more important cases such as NRO and the ongoing tussle between the Judiciary and the Governments.

Registrar of Supreme Court, Mr. Faqir Hussain, while talking to The Eastern Tribune said that he does not know any such cases that are intentionally being delayed. He also said that cases relating to death sentences are given priority over other cases, because of the human factor involved.

It is often said that justice delayed is justice denied. With the current apparent change in the performance of judiciary towards ensuring rule of law in the country and the assurance given by lawyers and judges to work for the cause, a few highlighted cases makes one think how much time will it take our judiciary to achieve its newly found objective.

- Special Report by Nauman Awan

 

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