Supreme Court Decision
On Tuesday, the Supreme Court (SC) ordered the federal and provincial governments to promptly implement laws concerning the release of prisoners on probation. Justice Athar Minullah authored the five-page judgment, stating that prisons’ overcrowding leads to serious human rights violations.
The court emphasized that these issues disproportionately affect the poor, with the state failing to provide them with accessible and swift justice.
The court order stressed that “the enforcement of the laws relating to probation becomes crucial” in light of unjustified deprivations of liberty. It affirmed that “every eligible prisoner has the right to be considered for release on probation.”
Justice Minallah asserted, “Neglect by executive authorities to fulfill their legal obligations and enforce laws, particularly for inmates, constitutes a breach of the duty of care owed to incarcerated prisoners.”
In addition, the court order added that such negligence could lead to legal action against the authorities and the State by inmates of overcrowded prisons.
The bench declared the condition of prisons intolerable in a constitutional society and emphasized the state’s responsibility to protect the fundamental rights of every prisoner. The court clarified that prisoners retain all constitutional rights except freedom of movement.
Supreme Court’s Role in Improving Justice Dispensation
Moreover, in a related development, Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa has scheduled a meeting for tomorrow (Wednesday) at 3 pm to discuss measures aimed at improving the administration of justice.
Also, sources suggest that the CJP has invited members of the Pakistan Bar and Supreme Court Bar associations to attend the meeting.
The meeting will allow legal organizations to discuss bench establishment, case scheduling, and expedited urgent case hearings.
