8/21/2019 Jail Reform
1/220
JAIL REFORM
Introduction
The Secretariat of the Law & Justice Commission of Pakistan received many reports
from NGOs and suggestions from the genera pu!ic to the effect that the prison system
needs reform with a view to ameiorate the condition of prison inmates" #ata was
received from the $uman %ights Commission of Pakistan Counci of 'samic 'deoogy
Jai Training 'nstitute Lahore containing usefu suggestions for improvement in the
prison system" (any reports appeared in the media asking for review and reform of the
prison system" ) such data*suggestions were e+amined and have !een incorporated
in the present report"
't may !e stated that earier on the Commission pu!ished a fairy comprehensive report
on Jai %eform ,%eport -./ in 0112" The %eport was prepared after considera!e efforts
in coecting #ata inviting suggestions from the genera pu!ic visit to prisons !y officers
of the Secretariat and after conducting a pu!ic hearing on the su!3ect" ) summary of
recommendations contained in the said report is at )nne+ " These recommendations
which are yet to !e impemented !y the 4edera and Provincia Governments for want of
fund or amendments in the reevant aws and rues incude construction of prisons in
outskirts of ma3or cities improving conditions of 3udicia ock5ups !y e6uipping these with
faciities ike fans !enches and toiets" The faciities of outdoor games ike foot!a
!asket!a and indoor games have not !een provided whie recommendations for
improving the conditions in death ces are yet to !e adhered to" Simiary the
recommendations of reviving sick industries in 3ais and encouraging private sector for
esta!ishing industria units in prisons are aso not yet impemented" The
recommendation with regard to caing for strengthening the system of 3ai inspections so
that the 3udges of $igh Courts and Su!5ordinate Courts coud pay reguar visits and give
on5the5spot instructions regarding under5tria prisoners is sti in the cod storage"
Simiary recommendation to faciitate prisoners in meeting their reatives*friends and to
8/21/2019 Jail Reform
2/220
reease the prisoners on short paroe to meet their famiies and hep them in task ike
cutivation and harvesting of crops etc is sti to !e impemented"
The standards of 3ai management and conditions of 3ai inmates during the 7ritish %a3
were !y no means idea however prison officias and the Government were aways
under strong pressure from the ega*poitica professions and the media to try to prevent
a!uses and take corrective actions where due" This kind of concern for prison reform
continued to !e articuated for some time even after independence" 7ut unfortunatey
during the ast few decades the community in genera has !ecome cynicay inured to
ma5administration and corruption in the prisons" The 3ai popuation incuding the
num!er of under5tria and 3uvenie offenders has !een !urgeoning at a rapid pace !ut
the capacity of 3ais to house prisoners has increased ony marginay and that too ony
in some cases" Take the case of the Province of Pun3a! !efore independence there
were -8 3ais and now there are .9 3ais meaning there!y construction of ony two new
3ais in the ast :2 years" This is despite the fact that the prison popuation has increased
manifod"
Some critics and especiay the cynics e+press the view that ma5administration and
corruption in the prison system have crossed a imits with hardy any prospects of
reform or improvement in the system hence why the trou!e of trying to reform; This
attitude merey refects the deep5rooted concern for the a!sence of any pan to improve
the ot of prison inmate" The Secretariat of the Commission thought it appropriate to
continue its efforts to ook into prisons conditions and produce a comprehensive pan
and suggestions for reform" )fter approva of the %eport it is e+pected that Government
wi give serious consideration to the recommendations and impement the same" #rastic
changes are caed for" These cannot !e !rought a!out uness the ruers muster the
poitica wi to overcome o!staces and give resources to improve the prison system"
This in turn wi !ecome possi!e ony if there is aso a strong and sustained pu!ic
demand for necessary changes to reform and moderni
8/21/2019 Jail Reform
3/220
The recommendations on 3ai reforms contained in the report of $uman %ights
Commission of Pakistan for the year -99. and a report of the Counci of 'samic 'deoogyCommittee on prisoners and 3ai reforms presented in the year -99. have !een
thoroughy e+amined and where appropriate incorporated in this report"
The present revised %eport on Jai %eforms reiterates the recommendations of the Law
and Justice Commission contained in its earier report ,%eport No" -./ of 0112" This is
so !ecause !y and arge these recommendations have not !een impemented yet
though they continue to !e current and vaid" Other studies and reports compied !y
various agencies*NGOs have aso !een carefuy e+amined and where appropriate
incorporated in the present report" The Secretariat of the Commission has !een cosey
monitoring the media reports especiay compaints made and coumns written in the
newspapers pertaining to issues and pro!ems in the prisons system" =ith a view to
have first5hand information on conditions prevaiing in prisons hearing the viewpoint of
prison inmates and get input from the prison administration the Secretary of the
Commission deputed a #eputy Secretary of the Secretariat to visit various prisons in the
country to e+amine the conditions prevaiing there and aso consut with other reevant
government agencies and human rights organi
8/21/2019 Jail Reform
4/220
)nne+ure5''" The Government of N=4P have recenty made amendments in the prison
rues vide Notification No" @*@@5SO,Prisons/$#*-99@ dated the @ thSeptem!er -99@" The
said amendments have incorporated some of the recommendations of the earier LJCPreport on prison reform such as improving the 6uaity of food served to prison inmates
permission to keep reading*writing materia enhancing the duration of wak for prisoners
and permission to wear own cothes !esides giving more incentives to prison staff" The
amendments are apparenty !eneficia and may appropriatey recommended for
adaption !y other provinces" These amendments have !een incorporated in the draft
amendments proposed in this report" The report that foows is somewhat
comprehensive as to data*statistics in respect of prisons and its inmates" $aving
anay
8/21/2019 Jail Reform
5/220
Summary of Recommendations
(i) Amendment in Statutes
0" The punishment of putting !ar fetters shoud !e a!oished in a prisons"
-" The reevant prison aw prescri!ing the punishment of whipping for 3ai offences
shoud !e repeaed so as to compy with the )!oition of Punishment of =hipping
)ct 011A"
." =ith a view to check the a!use of discretionary powers of Superintendent the
prisoners shoud have a right of appea against ma3or penaty to !e fied !efore the
Sessions Judge"
@" Specia arrangements !e made for ong term convicts for meeting of coupes in
privacy in the 3ai and the short term convicts*prisoners !e considered for reease
on paroe and the 3ai authority shoud issue a certificate to this effect to avoid
future compications"
0:" =omen especiay !eow the age of 08 and a!ove :9 not invoved in heinous
offences !e i!eray granted !ai"-A" $udood cases shoud !e decided within four months"
(ii) Amendment in Rules
0" Prisoners shoud !e aowed to keep a radio ,with headphone/ wristwatch !ooks
paper and pen*penci without having to o!tain any permission"
-" ) convicts of Cass BCB shoud !e aowed to wear their own cothes instead of 3ai
uniform"
." The duration of wak time for condemned prisoners shoud !e e+tended from haf an
hour to one hour each in the morning and evening and the rue pertaining to the
1Not recommended by the Commission2Not recommended by the Commission
5
8/21/2019 Jail Reform
6/220
use of handcuffs during such wak may !e appied ony in respect of terrorists or
dangerous criminas"
@" )rrangements shoud !e made for the accommodation food education andrecreation of chidren accompanying convict women"
:" Proper security system shoud !e ensured in 3ais" Cosed circuit T"?" e6uipment
shoud !e instaed in 3ai and the staff !e given appropriate gadgets for detecting
escapes" Such staff must aso !e given appropriate training for the purpose"
A" The system of granting remission on account of ac6uiring education and higher
6uaifications shoud aso !e reviewed with a view to aow remission on the !asis of
certificate*degree awarded" 4or higher degrees the period of remission shoud !e
greater"
2" )rrangements shoud !e made for provision of ega aid to indigent prisoners and to
faciitate prisoners in meeting their counses"
8" Chidren shoud aso !e aowed to meet their reations in prisons"
1" The prisoners not invoved in heinous offences and having good character and
record shoud !e aowed to 3oin their famiies for two to three days after each four
months"
09" 'mprovement of faciities in prison ,food cothing medica sanitation and education/
etc"
00" %eguar officia visits to the prison in every three months !e arranged for the
'nspector Genera of Prison aong5with #istrict Na
8/21/2019 Jail Reform
7/220
sentence" 4oreigners invoved in minor offences !e deported to their country of
origin"
0A" )rrangement shoud !e made for reguar medica check5up and treatments of 3aiinmates"
02" )t the time of reease on competion of sentence of the convict sufficient amount
!e paid to him to defray traveing e+penses or the reatives !e informed we in
advance so that they may take the convict on his reease to their native
pace*residence"
08" Dfforts !e made to house the convict near his native pace so that his reatives
may visit him without incurring e+penditure on traveing and avoid wasting of
time"
01" Poitica prisoners !e housed in separate pace and they shoud not !e housed
with other crimina convicts*offenders"
-9" (enta patients shoud not !e housed in 3ais as they create distur!ance for other
inmates"
-0" Ender rue :@. the convict may !e aowed to write two etters in a week to their
reatives"
.--" The period for fiing appea to $igh Court against a sentence of death may
!e enhanced from 2 days to .9 days as in case of ife imprisonment the
period for fiing appea is A9 days"
(iii) Administrative Actions
0" New prisons shoud !e constructed in the outskirts with proper faciities for prisoners"
The conditions of poice*3udicia ockups shoud !e improved and due faciities such
as fans !enches and toiets shoud !e provided therein"
-" The faciities of out5door games ike foot!a !asket!a and in5door games shoud !e
provided"
3Not recommended by the Commission
7
8/21/2019 Jail Reform
8/220
." The num!er of prisoners in a death ce shoud !e according to the capacity of the
ce"
@" )rrangements shoud !e made for the setting up of separate and e+cusive prisons forwomen and 3uvenies prisoners at a district eves" Proper education and training
shoud !e provided to the women prisoners and 3uvenie offenders during prison
period"
:" 'n every 3ai faciities shoud !e made avaia!e for reigious genera as we as
vocationa*technica education to prisoners"
A" )rrangements shoud !e made for the proper utii
8/21/2019 Jail Reform
9/220
0@" ) remissions granted or earned shoud !e recorded on the history ticket" Such ticket
must !e in dupicate with one copy avaia!e with the prisoner" The prisoner shoud
carry the ticket aong on transfer to another 3ai"0:" 4or reease on short paroe permission shoud !e given !y the #irector %ecamation
& Pro!ation after due process"
0A" ) greater num!er of prisoners shoud !e reeased on paroe not 3ust for working as
domestic servants !ut aso to !e empoyed in trade industry and other commercia
institutions in the pu!ic*private sector"
02" =ith a view to address the pro!em of ack of transport faciities and security
arrangementsF the Government may esta!ish courts on or near 3ai premises for the
e+peditious disposa of cases"
08" The 4edera and Provincia Governments shoud arrange more funds to cater the
needs of food and medicine of 3ai inmates"
01" Steps !e taken for e+peditious dispensation of 3ustice"
-9" =omen and indigent prisoners confined in 3ai and una!e to arrange the payment of
fine or compensation shoud !e reeased through contri!ution*assistance provided !y
vounteer associations phianthropists*NGOs"
-0" The task of processing of cases pending over severa years contri!uting to
overcrowding in 3ai must !e speeded up !y esta!ishing more courts appointing
more 3udges improving methods of investigation and streamining the tria and
!ai procedures"
--" Jai officias guity for iega detention of prisoners !e punished under the aw"
The officias responsi!e for detention of prisoners on competion of their prison
sentences in safe house in vioation of aw !e penai
8/21/2019 Jail Reform
10/220
-:" Steps may !e taken to eiminate the causes of escape and !reaking of 3ai"
4urther the recommendations contained in various reports on 3ai escape !e
impemented"-A" To check 3ai ceanness and inmates conditions the Provincia (inister for Jais and
'nspector Genera Jai may pay surprise visits during three months period and issue
standing orders to 3ai authorities with regard to ceanness and soving the pro!ems
faced !y the inmates"
-2" There shoud !e no crue treatment to prisoners and their shifting from one pace to
another as punishment !e prohi!ited"
-8" The cases of 3uvenie offenders !e deat with in accordance with the provisions of
Juvenie Justice System Ordinance -999" They shoud !e kept in congenia
environment in !orstas where these are faciities for medica care education training
and sports*entertainment"
-1" The Government shoud provide free ega aid to defend the cases of chidren and
women who have no means to defend themseves"
.9" 4emae Juvenie offenders !e housed in separate encosures of the !orsta
institutions"
.0" The poice shoud stricty adhere to the statutory provisions regarding detention of the
accused"
.-" The career progression of prison staff !e ensured terms and conditions of service
improved and they shoud !e imparted ade6uate training"
.." Se+ua harassment and physica torture of chidren which are common in
ock5ups and are worse sort of victimi
8/21/2019 Jail Reform
11/220
.A" Setting up of canteen within premises of prison for certain eata!es drinks and
other essentia item !e ensured though a situation must never arise that
prisoners have to !uy food from the canteen to survive".2" Jai staff guity of vioating the provisions contained in Jai (anua must !e
punished under the reevant aw"
.8" )rrangements !e made for courtrooms in ma3or 3ais in a the
provinces to introduce video tria system for 3uvenies femaes and hardened
criminas in 3ais" Such court must however !e freey accessi!e"
.1" Computeri
8/21/2019 Jail Reform
12/220
12
8/21/2019 Jail Reform
13/220
Islamic Perspective of Jail Reform
'samic history gives some perspectives of treatment of prisoners" 't has !een reveaed
that four thousand years ago $a
8/21/2019 Jail Reform
14/220
,a/ any pace for the confinement of prisoners who are e+cusivey in
the custody of the poiceF
,!/ any pace speciay appointed !y the Provincia Government under
Section :@0 of the Code of Crimina Procedure 0818F
,c/ any pace which has !een decared !y the Provincia Government
!y genera or specia order to a su!sidiary Jai"
=anut Street Jai in Phiadephia esta!ished around 021@ was supposed to !e the first
state penitentiary in the ES)" The #istrict Jai #adu ,022@/ in Sindh Province is
considered to !e the premier and odest Prison in 'ndo5Pak Su!5continent under >ahora
%uers"
"lassification of Prisons
)ccording to the Jai (anua the foowing are @ types of 3aisK
i Centra Prison
ii Specia Prison
iii #istrict Prison
iv Su!5Prison
7esides the a!ove prisons there is aso a 3udicia ock up"
(i) "entral Prison
) prison decared as centra prison !y the provincia government" 't sha have
accommodation ordinariy for more than 0999 prisoners irrespective of the ength
of sentences" There sha !e a centra prison in each division of a province" The
provincia government may in its discretion decare any specia prison or district
prison to !e a centra prison"
14
8/21/2019 Jail Reform
15/220
(ii) Special Prison
The provincia government may from time to time decare any prison to !e a
specia prison or esta!ish a specia prison at any pace" Ender %ue A womenIsprisons open prisons !orsta institutions and 3uvenie training centers are specia
prisons"
(iii) !istrict Prison
) prisons other than centra prisons or specia prisons sha !e deemed to !e
the district prisons"
(iv) "lasses of !istrict Prisons
There sha !e . casses of district prisonsK
,a/ 4irst Cass having accommodation ordinariy for : prisoners or more with
sentences upto : yearsF
!/ Second Cass having accommodation ordinariy for .99 prisoners or more
!ut ess than :99 with sentences upto . yearsF
c/ Third Cass having accommodation ordinariy for ess than .99 prisoners
with sentences upto one year"
(v) Su#$Prison
The provincia government may !y genera or specia order decare any pace to
!e a su!sidiary 3ai"
(vi) Judicial Loc %p
15
8/21/2019 Jail Reform
16/220
The provincia government has esta!ished 3udicia ock ups at tehsi and su!5
tehsi eve" 'n 3udicia ock ups ess than 099 prisoners are accommodated"
Functions of Prison
,i/ D+ecution of Sentences awarded !y the courts"
,ii/ (aintenance of Order & #iscipine amongst prisoners"
,iii/ )dministration Supervision & Training of D+ecutive*Su!ordinate staff for
effective prison management"
,iv/ Dnforcement of Provisions of Prison Laws*%ues for protection and contro
of prisons *prisoners"
,v/ 'mparting of vocationa training and ski to prisoners for reha!iitation after
reease"
,vi/ Dducation of Prisoners"
,vii/ %ecreation & Psycho5counseing of prisoners"
O#&ectives of t'e Prison ( "s)
,i/ CustodyK >eeping inmates in safe pace of
confinement to the satisfaction of court"
,ii/ CareK (eeting !asic needs ,e"g" accommodation
food medicine/ of the inmates"
,iii/ ControK (aintaining order and discipine within the
prison premises",iv/ CorrectionK (otivating inmates through ethica mora
and vocationa teachings to !ecome usefu
and aw5a!iding citi
8/21/2019 Jail Reform
17/220
,v/ CureK Providing treatment ,through physica
medica and psychoogica counseing/ to
reform and reha!iitate the inmates",vi/ Community %e5sociai
8/21/2019 Jail Reform
18/220
"riminal Prisoner
The )ct defines Mcrimina prisonerM as any prisoner duy committed to custody under the
writ warrant or order of any court or authority e+ercising crimina 3urisdiction or !y order
of the Court (artia" The Mconvicted crimina prisoner is defined as any crimina prisoner
under sentenced of a court or court5martia and incudes a person detained in prisoner
under the provision of Code of Crimina Procedure 0818" MCivi Prisoner means any
prisoner who is not a crimina prisoner"
Prison Population Position as on *+,+-,-..*
)uthorised CurrentProvince Capacity Popuation
,i/ Pun3a! 02A.2 :9-0.
,ii/ Sindh 89-A 08.1A
,iii/ N=4P 28:2 111-
,iv/ 7aochistan 08@: -289
,v/ )> A98 29.
,vi/ N) 0:9 --0
TotaK .A0-. 8-.9:
18
8/21/2019 Jail Reform
19/220
Province$0ise Statement of Prisoners as on *+$+-$-..*
Name
ofProvince
(ae Condem5
ned
=omen Juvenies 4oreigners Esers*
Traffickers
Tota
Popu5Lation
E*T ConK ( 4 E*T Con ( 4 ( 4 ( 4
Pun3a! -A:.8 1.@. :18A -2 A80 089 0A91 92 @82 0. :0:A 08A :9-0.
Sindh 0-.22 -:10 -:9 5 -:- A2 ::- 5 1:- 5 A90 2:@ 08.1A
N=4P :29: .92: 0.@ 9: -02 8: .:0 5 .0 9@ .8: 5 111-
7aK 2:- 0@10 0@- 5 02 0. 0@- 5 0-A 5 12 5 -289
N) 01- 01 5 5 9@ 5 5 5 5 5 9A 5 --0
)> :90 0-@ -. 5 08 9@ 08 5 5 5 0: 5 29.
Tota @A9A: 0AA@. A:.: .- 0081 .@1 -A2- 92 0:1A 02 A-A9 1@9 8-.9:
19
8/21/2019 Jail Reform
20/220
"ate1ori2ed 3rea !o0n Position as on *+ !ec -..*of Prisoners
a/ Endertrias :2"@
!/ Convicts -9"A
c/ Condemned 8
d/ Juvenie .
e/ 4oreigners -
f/ Esers*#rug Traffickers 1
g/ (ae 1A"1
h/ 4emae ."0
24
8/21/2019 Jail Reform
21/220
ST%ECTE%D O4 T$D P%'SON #DP)%T(DNT
Prison Staff Stren1t' Position as on *. June -..*
D+isting #eficiency )dditiona Staff Staff %e6uired
Pun3a! 2A@- A9A A@-1
HOM !"#R$MN$
%N&"C$OR 'NR#( O) "R%&ON&
!%' "risons*
"+n,ab-&indh
Circ.e
Head/+arters
!%' "risons*
"+n,ab-&indh
#%' "risons*
"+n,ab-N)"
#dmn
Oicer
&ecia.
"risonsCentra. "risons25 thro+ho+t
"aistan
!istrict "risons
C.ass % - %% - %%%
47 thro+ho+t"aistan-#-N#
&+b :ai.s
8 thro+ho+t
"aistan
:+;eni.e :ai.s 3
omen :ai.s 2
Oen :ai. 1
21
8/21/2019 Jail Reform
22/220
Sindh --2@ 002 -:99
N=4P 0@1A 0-9 0:99
7aochistan 80@ 008 28@
)> -92 5 099
N) A1 5 :9
Tota 0-:9- 1A0 00.A.
Present "ondition of Jails
,i/ Jais of today are heaviy overcrowded"
,ii/ Jais have od & diapidated structure of 01thcentury"
,iii/ There is acute shortage of manpower"
,iv/ 7udget aocation is 6uite critica"
,v/ Security devices are very rare"
,vi/ )mendment in %ues is direy re6uired"
,vii/ Training of Prison Staff at home and a!road is e+tremey necessary
,viii/ ) prison departments are administrativey controed !y non5
departmenta*professiona heads"
Reformative Issues
,i/ Construction of new 3aisF
,ii/ Provision of additiona accommodationF
22
8/21/2019 Jail Reform
23/220
,iii/ Strict segregation of vunera!e prisoners"
,iv/ %eha!iitation of drug addictsF
,v/ 'mprovement of faciities ,food cothing medica sanitationeducation etc/
,vi/ Epgradation of prison staffF
,v/ Career progression of prison staffF
,vi/ )de6uate training opportunitiesF
,vii/ (oderni
8/21/2019 Jail Reform
24/220
Nasiruah >han 7a!ar (inister for 'nterior &Narcotics Contro"
,viii/ Pakistan Law Commission headed !y 0112
(r Justice Sa33ad )i Shah CJ of Pak
,i+/ Task 4orce on Prison %eforms under -999(r Justice )!du >adir Sheikh
Remedial Measures 5enerally Raised
,i/ Pakistan Prison %ues !e amended to suit the re6uirements"
,ii/ 'nitiate concrete reformative measures in 3ais"
,iii/ )ocation of funds for new construction*e+pansion of 3ais"
,iv/ 'mpementation of previous Prison %eforms %eports"
,v/ 4edera Prison !e esta!ished to dea with Prisoners under 4edera
Laws such as #rug Traffickers 4oreigners )rmy #eserters Ta+
Dvaders Loan #efauters (oney Launderers ,)ccounta!iity
cases/ etc"
"onstruction Period of 6arious Prisons
Period o of Prisons
,i/ Hears 0899 0199 -@
,ii/ 7efore 'ndependence -2
,iii/ )fter 'ndependence .8
Re'a#ilitation of strate1y of Jail InmatesK The past decade has witnessed an
increasing consciousness a!out the desira!iity of prison reforms" 't is now !eing
recogni
8/21/2019 Jail Reform
25/220
Accommodation and Allied Facilities7 Section @ of the Prison )ct 081@ %ues
2@: to 2:- and Chapter .0 of the Pakistan Prisoner %ues 0128 dea with theaccommodation as we as sanitary conditions in prison"
)s per estimation there are 2:1 3ais in Pakistan ss.sout of which -8 are situated
in Pun3a! 0A in Sindh -0 in N=4P 09 in 7aochistan )nd. in Northern )reas
simiary there are 9A 3ais in )ashmir" "
The tota capacity of such 3ais is for .@90@A0-. inmates whereas in actua fact
2@@8. convicted and under tria prisoners were confined in such 3ais on .9 th
June 011A which increased with the passage of time" )ccording to Pun3a!
prisons officia record2 which was reviewed recenty :@A9- persons were
detained in 0. 3ais of the province" 't is estimated that the num!er of prisoners is
five times more than the capacity of 3ais" Overcrowding is the main reason for
security arrangements*apses and poor sanitary condition in these 3ais" Of the
tota prisoners :.@8- are men and 00-9 women who incude :9-9: adut men
and 009@ adut women" There are .-22 mae 3uvenies and 0A femae ones"
)mong the condemned prisoners there are :0-- adut maes -0 women and A0
mae 3uvenies" )mong the under5tria prisoners there are .@@:: adut men 80-
adut women -:8- mae 3uvenies and 0- femae 3uvenies" Convicted prisoners
incude 09A-8 adut men -20 women A.@ mae 3uvenies and @ femae
3uvenies" ) tota of -.A08 peope are detained on charges of committing
murder 0:@: for attempted murder .-. for causing death due to negigence
and .-.@ for hurting peope"
)s many as :18. persons are detained on dacoity charges -:@: for theft -:9
for various vioation -1. for a!duction and rape and 122 for sodomy" The
num!er of the detention of charges of crimina assaut is ..A" )s many as 0@0A
7!a
8/21/2019 Jail Reform
26/220
have !een detained under the )rms )ct @0 are miitary deserters 00@ on
charges of gam!ing 0@ under the (PO and @89 for forgery and fraud" Those
caught wandering and sent to 3ais num!er AA" )s many as 008 are undergoingimprisonment on charge of attempted homicides and 0.A for !reaching of peace
whie 0.80 were caught in possession of stoen property" A: persons have
detained under the %aiway )ct 0@. under Pakistan )rmy )ct 2 for attempting to
commit suicide 011 under the 4oreign )ct and AA9- under the Prohi!ition )ct"
The prisons house :: persons on charges of creating vioence 0-2 for
smugging -80A under the offence of Qina Ordinance 0121 12 under Custom
)ct and 0@88 for misceaneous offences" There are :- unatics" The 3ai
popuation has !een increased fast despite a the measures the authorities adopt
ike reeasing those hed for minor offences" 'n 011A in Sindh there were 0.80-
prisoners as against the capacity of 899: in N=4P 8@AA prisoners as against
the capacity of 29@- and in 7aochistan -.:0 prisoners as against the capacity
of 0.A0"
)nother note5worthy feature is that the num!er of under tria inmates e+ceeds the
num!er of convicted prisoners" The pro!em of congestion is thus overwheming
contri!uta!e to the a!norma deays caused in the system of administration of
3ustice"
4rom the a!ove it transpires that an inade6uate num!er of 3ais in the country
and the sow disposa of crimina cases are the main hurdes of congestion and
impediments in smooth administering the 3ai inmates" 'n order to reduced
overcrowding in 3ai the foowing are the recommendations" which re6uire to !e
impemented in its true etter and spirit"
i/ New 3ais shoud !e esta!ished in every district with additiona
accommodation faciities keeping in view the cimate condition of country
26
8/21/2019 Jail Reform
27/220
!ecause in the present prison !arracks in winter the ce are e+tremey
cod and in summer they are si
8/21/2019 Jail Reform
28/220
i+/ The 3ai authorities shoud make arrangements to segregatevunera!e
prisoners ike women 3uvenies addicts foreigners menta
retarded and condemned prisoners"
+/ To pace checks on the use of discretion powers !y the 3ai
Superintendents through which he is passing order for enhancing the term
of prisoners !y awarding punishment to the 3ai inmates or refusing to
grant remission on account of good conduct or other privieges as
envisages in the prisoner aws and rues The 'nspector Genera ,Prison/
shoud reguary check the orders of the Jai Superintendent instead in
e+ercising of The prisoner shoud have a i!era right of appea against
ma3or penaty to 'nspector Genera Prisoners" Simiary a punishment
awarded !y the Superintendent 3ais had to !e checked !y a !oard
comprising Sessions Judge and #'G Prison" The #rug addicts who are
sef5victim may not !e put in 3ai !ut shift to reha!iitation centers to !e
esta!ished under the Socia =efare #epartments"
+i/ 'nstead of encouraging the hardened criminas in the 3ai to get weapons
and create trou!e ike Siakot accident and Narrowa the 3ai prisoners !e
encouraged to keep their radio with headphone wrist watch !ags papers
and pen and penci with them without having to o!tain permission" These
faciities have !een provided !y the Government of N=4P where the
prisoner are aowed to keep money for purchase of these items from the
Etiity Stores esta!ished in 3ai prisoners T? faciities shoud !e provided
in every !arrack so that they can pass their time !y watching T?
programmes"
+ii/ To e+tend the faciities of outdoor games ike4oot!a ?oey!a
7asket!a and indoor games to the inmates"
28
8/21/2019 Jail Reform
29/220
+iii/ ) convicts of cass MC may !e aowed to wear their own cothes instead
of 3ai uniform" The Government of N=4P has aready aowed thisconcession to the 3ai inmates of cass C" The same may !e foowed !y
other provinces"
+iv/ Steps !e taken for esta!ishment of the ski deveopment centers in 3ais
for reha!iitation of prisoners"
+v/ Com!ating corruption in 3ai and provide ade6uate faciities for imparting
training to Jai Staff to make them inmates friendy"
"on&u1al Ri1'ts of prisoner7 $ 't is propounded !y the 3urists that the prisoners
shoud !e granted the right of con3uga rights to hep and keep the famiy intact"
This is !ased on the Shariat which uphods that M No hus!and can go on a
3ourney and !e away from his wife for more than @ months without her consent"
4rom this 'samic 3urists drew the principe that if a hus!and who imprisoned for
more than four months then a meeting shoud !e arranged either to permit him to
visit his wife or ese to permit her to visit him" (any e+perts supported this idea
Justice R (r" Q") Channa Convener of the Jai %eform Committee was of the
view that if a prisoner was sentenced for more than . years then he shoud have
the right to visit his famiy" 'ran is the first country that provides this right to
prisoner after every A months on the !asis that it is a right under 'sam" $e added
that to !e accorded this right a prisoner in 'ran have to fufi certain conditions"
$e shoud not !e accused of having committed a heinous crime" The
Superintendent who monitors the prisons and the 3udge who conducts his case
must grant him a certificate of good !ehaviour" Once he meets this condition he
can visit his famiy for . days without escort" Such visits it is !eieved wi hep to
prevent weaken of famiy ties" )rrangements have aso !een made within the
prison in 'ran to ena!e the wife to meet her hus!and in privacy (r" Justice ,%/
29
8/21/2019 Jail Reform
30/220
Q")" Channa gave up hypothetica case for newy marriage woman who wanted
a chid !ut was separated from her hus!and who had !een sentenced for 09
years Can she eave within imits of 'sam in such a case;" $e asks6 or ese shewoud !e forced to divorce her hus!and" To prevent such an eventuaity a
prisoner sentenced for more than . years shoud !e permitted a famiy visit once
every si+ month under poice escort" 'f such escort can !e provided to prisoners
when they go to court it can aso !e provided for a famiy visit" ) Psychiatric who
heads the Psychiatric department at $amdard Eniversity conducted study
pointed out that some married women deveoped Mdeviant !ehaviour if deprived
of con3uga reations over severa years even severa months" $e said
separation over ong periods of time coud aso make the wife prone to
depression feeings of futiity worthessness and weeping tendencies and
psychosomatic disorders" )ccording to human rights activist that in Pakistan this
idea has aready !een accepted in principe !y aowing the right of con3uga
reations for prisoners !ut presenty it is ony the priviege of rich and powerfu"
$e gave the e+ampe of 7ana
8/21/2019 Jail Reform
31/220
Jails "onditions and maintenance7 ) arge num!er of 3ais in Pakistan are
dirty and poory maintained" This condition is not caused due to wear and tear
that occurs from day5to5day usage" %ather poor maintenance is visi!e as grimeon the foors and was dirty windows cutter faking paint etc" as visi!e poor 3ai
maintenance is indicative of poor management" Dven the poorest and odest
designed faciities can !e kept cean the manpower needed to keep faciity cean
is a!andoned5its inmates" Lack of attention to 3ai ceanness is often associated
with the ack of attention to other essentia operation in running 3ais"
#irt and grime do not hep to create a punitive environment that induces
offenders to stay out of 3ai" Since many ive in homes that are dirty the e+istence
of dirt is not punishing them" There is no esson to !e earnt !y inmates !y
induced a
8/21/2019 Jail Reform
32/220
are short rations and favour shown to those prisoners who are in position to !ri!e
3ai officias"
'n order to we maintained the 3ai it is recommended that the Provincia (inister
for 3ais and the 'nspector Genera of 3ai may reguary pay visit after each .
months and inspect the condition of the 3ai and give direction to 3ai staff for
proper using the 3ai inmates for ceanness and removing dirt and grime from the
3ai vicinity open discussion of the issue with the 3ai staff sha faciitate to
achieve the o!3ect of ceanness of 3ais for !etterment of the inmates and 3ai
staff" The Provincia (inister for Jai shoud accept no e+cuses from a Jai
Superintendent for a dirty Jai" )s much pressure as possi!e !e put on the Jai
Superintendent to cean up the faciity" The Provincia (inister shoud reguary
discuss the Jai ceanness in the meeting with 'nspector Genera ,Prison/"
Prison 6isitin1 System7 $ Prison where the offenders are incarcerated are
argey impermea!e to the outside word"" They are not open to scrutiny and
hence are unaccounta!e" The condition in average Pakistani prison present a
very depressing picture" Overcrowded unhygienic and hopeess these prisons
have from !eing any kind of correctiona centers often produce hardened
criminas who truy !ecome menace to society" Outside of the 3ai the peope
have no knowedge how the 3ai staff treat the incarcerated inmates" The misery
condition and treatment come to ight when any of inmates comes out from these
prisons" =henever the prisoner is shifted from one prison to another he has to
face the crue treatment of the 3ai staff in new prisoner despite the fact that he is
shifted on account of administrative arrangements"
To improve prison conditions and to ensure that prisoners rights are not vioated
it is important to esta!ish a system or improve arrangements through which the
3ai condition and the performance and !ehaviour of the 3ai staff can !e
constanty monitored" 7esides the present arrangements to overview and
32
8/21/2019 Jail Reform
33/220
monitor the performance and !ehaviour of the 3ai staff it is suggested that the
foowing mechanism to monitor the performance and !ehaviour of the 3ai staff
!e devised so that the visitor !e in position to keep a ta! on the prisonadministration and make it open to scrutiny"
(i) Official 6isit7 $ The foowing officers may visit the prison once in .
months and to ook prisoners iving condition in the prison"
,0/ 'nspector Genera or #eputy 'nspector Genera ,-/ City or #istrict (agistrate
,./ #istrict & Sessions Judge ,@/ #irector of $eath Services"
The function of these officers may !eF
,i/ to visit the prison and ensure that care and wefare of the inmates are
propery attended
,ii/ to attend to the re6uest of the inmates"
,iii/ to make the recommendations a!out redressa of the grievance
compaints of prisoner and iving conditions in prisons"
,iv/ to hep prison administration in the deveopment of correctiona
programmes"
,v/ attempts to improve conditions in prison !y suggesting amendments in the
rues reguations and !y aws"
,vi/ reeasing the intimates who were invoved in the crime having ess
punishment or those who have competed the period of sentence and they
are incarcerated on account of non5payment of fines which they are not in
position to pay"
33
8/21/2019 Jail Reform
34/220
(ii) 6isit of 5O
) we reputed NGO working for the wefare of 3ai inmates and humanrights activate !e aowed to conduct survey a!out the iving condition of inmates
in 3ai"
8omen9s Jail 7 $ 'n recent years more women are invoved in crimina
activities and thus are incarcerated in prison throughout in the country" >eeping
the women in mae prison is totay against the natura norms" Generay it is
o!served that the mae persons in the street and shopping centers starring and
harassing the women how one coud e+pect mae inmates of the 3ai who areaway from their home for ong time coud keep their natura emotions in contro
!y seeing the women in prison" %eai
8/21/2019 Jail Reform
35/220
oppression" To keep them !usy they may !e invoved imparting educationa
training ike em!roidery netting and other aied 3o!s" The chidren of these
women prisoners who are iving with them may aso !e provided recreation ofpaying outside of their encosures They may !e e+tended educationa faciities
so that they !ecome honoura!e and respecta!e citi
8/21/2019 Jail Reform
36/220
provide to the needy women prisoners free ega aid counseing" The services of
the psychiatrist shoud aso !e hired to provide counseing to women prisoners"
This genuine demand was put forward during visit to woman 3ai at >arachi"7esides an am!uance !e provided to shift the serious i prisoner in emergency
to the city $ospita"
Pro#lems in !eat' "ell7 $ The prisoner awarded death sentenced orare kept in
specia death ces constructed for the purpose" Normay these are very
segregated sma rooms measuring 1I + 0-I attached with the ="C in corner
rounded !y a wa of . feet height" 't has !een o!served that A to 8 prisoners are
kept in one death ce" The prisoner in death ces are entited to one hour wak .9
minutes in morning and .9 minutes in the evening whie handcuffed" 't is
recommended that these rooms !e propery ventiated" 't is further recommended
that the duration of wak time may !e e+tended from haf hour to one hour each
in the morning and evening and the provisions for handcuffing the prisoners
during wak may !e appied ony in respect of hardened criminas terrorists or
dangerous criminas" Such prisoners may !e kept in death ce according to
capacity of the ce" )s the ife of these condemned prisoners is ikey to vanish
on their e+ecution therefore comfort to the e+tend of their remaining days of ife
!e provided instead of giving torture for few days in death ce which is not seen
!y the outside peope" Their appea if pending in any forum of court shoud !e
decided as eary as possi!e to e+tinct the misera!e psychoogicay condition of
such prisoners as eary as possi!e" The 3ai authorities shoud refrain from
putting up more than . condemned prisoners together in one ce"
as during visits to various 3ais it is found that sufficient space is avaia!e
where more rooms and !arracks coud !e constructed"
Police:Judicial Locup7 $ The accused persons on the arrest are kept in
detention at the poice ockup on the court direction they are kept in 3udicia
ockup" Some studies point out that se+ua harassment and physica torture are
36
8/21/2019 Jail Reform
37/220
common in ockups" Some Chidren %ights Organi
8/21/2019 Jail Reform
38/220
Ender the newy enacted Juvenie Justice System Ordinance -999 chidren
under 08 years of age cannot !e awarded certain type of punishment e"g" death
hard a!our corpora punishment etc" 4urther chidren if convicted cannot !ekept in prison" They must !e kept in !orstas where there are arrangements forheathcare education training and sports*entertainment" The aw shoud !e
stricty enforced"
"'ildren Inmates7 On account of some sin committed !y the Chidren the poice
and the 3ai staff put them in poice custody and 3ais where they are tortured and
a!use !y the poice and the 3ai staff" Physica torture and !rutaity on these
chidren forve reaching conse6uences and effect on their remaining ife" They
usuay !eong to poor strata of society and their parents have usuay no means
to get them reease on !ai to protect them from these !rutaities of the poice and
3ai staff" They are anguishing in the 3ai for a ong period and face arduous
situation of their ife" >eeping in view the misery of these chidren it is
recommended thatK
,i/ Separate reformatory schoos or !orsta institutions for chidren
throughout the country"
,ii/ Dary steps !e taken to esta!ish separate courts to dea the cases of
chidren as envisaged in the Juvenie Justice System Ordinance -999"
,iii/ The Jai staff and the poice may !e imparted specia training in deaing
with these chidren"
,iv/Strict discipinary action may !e taken against those poice and 3ai staff
invoving in committing !rutaities on these chidren"
,v/ The Government shoud provide free ega aid for the reeasing of
these of poor chidren
38
8/21/2019 Jail Reform
39/220
Juvenile Justice System7 On persistent demand of pu!ic the 4edera
Government has promugated Juvenie System Ordinance -999 on 905925-99-which provides that a person who has not attained the age of 08 years and
invoves in commission of an offence is chid and sha !e entited to specia
treatment as provided in the Ordinance and the rues made there under" The
chid offender is to !e detained in !orsta institution and given education and
training for their menta mora and psychoogica deveopment"
Contrary to provisions of the aw in vogue compaints are sti coming in that no
proper !orsta institution e+ists for the 3uvenie offenders in the provinces" 'n
some paces in prisons a separate section for mae 3uvenies are avaia!e" 7ut
no such separate sections are avaia!e for femae 3uvenie offenders and they
have !een housed with adut women offenders" The rues stricty prohi!its that in
no case femae 3uvenies !e kept in poice ock up or prisoners" Ender the rues
femae 3uvenies sha !e detained in a separate encosures of the !orsta
institutions e+cusivey esta!ished for this purpose and a no case where there is
no such encosures they sha !e immediatey transferred to any care house as
ordered !y the Court"
't is recommended that a provincia Governments shoud stricty adhere to the
provisions to the Ordinance and the %ues made there under !y taking necessary
steps * measures for fufiing some of the !asic re6uirements of the aw incuding
the esta!ishment of the !orsta institution for keeping mae and femae 3uvenies
in these institutions" >eeping aong with femae 3uvenie and adut women
prisoner the Government had !een e+posing these 3uvenie to danger and woud
!ring them in association with any criminainside" 't is now the ega responsi!iity
of the Provincia Governments to keep these femae offenders separate from
audit offenders"
39
8/21/2019 Jail Reform
40/220
System of Intervie0s7 =hie in 3ais communication with the outside word
gets snapped with the resut that the prisoner does not know what is happening
even to his near and dear ones" This cause them additiona trauma" Therefore ai!erai
8/21/2019 Jail Reform
41/220
warrant for a onger period than under a circumstances of the case is
reasona!e and such period sha not in the a!sence of specia order of a
(agistrate under section 0A2 e+ceed twenty four hours e+cusivey of the timenecessary for the 3ourney from the pace of arrest to the (agistrate Court"
Section 0A2 does aow the poice to detain in custody a person arrested without
warrant for a term not e+ceeding 0: days Mwhere the investigation can not !e
competed within the period of -@ hours fi+ed !y section A0 and there are
grounds for !eieving that the accusation or information is we founded"
$owever the poice 'ncharge of the poice station or poice officer making
investigation must sti transmit to the nearest Judicia (agistrate a copy of the
entries in the diary reating to the case and sha at the same time forward the
accused to such (agistrate" $owever the aw permits #CO of oca district who
orders the detention without charge for .9 days a person suspected of
threatening pu!ic order and safety" The #CO may renew detention in .9 days
period for tota of 19 days"
The recent reports as reported in the press as we as the documentary fims
shown on the Jeo teevision that in practice the authorities do not stricty
o!served these imits of detention" The poice often hod detainees without
charge unti their detention are chaenged in court of aw" 't is aso aeged that
the poice some times detain individua ar!itrary without charges or onfase
charges" 'nin order to e+tort money for their reease" 'n recent documentary fim
shown on Jeo Teevision in one poice station the individuas arrested on account
of certain charges were detained for many days without producing !efore the
(agistrate" Some peope have made aegations that they were detained in
incommunicado detention i"e" safe house !y the Government agencies without
any intimation to their reatives or produced !efore the (agistrate for many days"
't is therefore recommended that the poice officer that are defying the aw !e
!rought to 3ustice and discipinary action shoud !e taken against them so that
the poice may not detained persons for their own greed" The specia agencies
41
8/21/2019 Jail Reform
42/220
functionaries who are picking up the individuas on account of some reia!e
compaints or information for investigation may at east informed the r reatives of
the individuas as we as of the 'a6a (agistrate of such arrest so that thereatives may not undergo menta suffering andarrangementon account of
sudden disappearance of their dear ones for many days"
Se1re1ation of Prisoners7 $ Sections -2 to .9 of the Prison )ct 081@ and %ues
--@ to -@1 of the Pakistan Prison %ues 0128 ceary provide for the
cassification of prisoners on the !asis of their invovement in civi matters or
crimina offences" They further re6uire for the segregation of femae and 3uvenie
convicts from the rest" 't has generay !een o!served that due to overcrowding
in a the prisons of the country the rues reating to segregation are not fuy
o!served" This practice is contrary to the 'n3unction of 'sam and the aid down
aw*rues
The faciity of separate prisons for women is avaia!e ony in (utan Province of
the Pun3a! and in Larkana and >arachi Province of Sindh" Simiary the faciity
of separate 3ais for 3uvenies e+ists ony in Landhi ,>arachi/ in the Province of
Sindh and in 7ehawapur Province of the Pun3a!" Dsewhere in the country
segregation is effected through separate encosures for women and 3uvenies
within the same premises"
't is therefore recommended that arrangements shoud !e made for the
construction of separate prisons for women and 3uvenies prisoners" Proper food
education training and other faciities shoud aso !e provided to women and
3uvenie offenders"
't is aso recommended that specia care must !e taken in respect of chidren
accompanying their convicted*under5tria mothers" Dfforts shoud !e made to
arrange for the maintenance and protection of chidren outside the 3ai when
42
8/21/2019 Jail Reform
43/220
they !ecame of schoo5going age" )rrangements shoud aso !e made for their
education" The Government shoud aso open institution for the care and
protection of such chidren as we as other negected*orphan*a!andonedchidren" $owever in situation when such arrangements do not e+ist*cannot !e
made women prisoners shoud !e aowed to retain their chidren and
arrangement shoud !e made for the education provision of food and heath care
for such chidren"
/orture or In'umane /reatment #y cpolice in &udicial locups7
There are ega provisions providing to protect the individua from the acts of
torturein poice stations and 3udicia ockups" The aw prohi!its confessione+tracted from the offender !y using different method of force !y poice and are
inadmissi!e in the court of aw" The Constitution of Pakistan e+picity prohi!its
the torture under )rtice 0@ ,-/ which provides that MNo person sha !e su!3ected
to torture for the purpose of e+tracting evidence 4urther under the Pakistan
Pena Code 08A9 which was amended !y the Crimina Law ,)mendment/ )ct
0112 ,'' of 0112/ the causing of hurt of any person to e+tort any confession or
any information which may ead to the detection of any offence or misconduct is
defined as a distinct punisha!e offence" Section ..2 > of the Pakistan Pena
Code states as underK 5
M=hoever causes hurt for the purpose of e+torting from the sufferer or any
person interested in the sufferer any confession or any information which may
ead to the detection of any offence or misconduct or for the purpose of
constraining the sufferer or any person interested in the sufferer to restore or to
cause the restoration of any property or vaua!e security or to satisfy any caim
or demand or to give information which may ead to the restoration of any
property or vaua!e security sha in addition of punishment of isas arsh or
daman as the case may !e provided for the kind of hurt caused !e punished
43
8/21/2019 Jail Reform
44/220
having regard to the nature of the hurt caused within imprisonment of either
description for a term which may e+tend to . years as TaI
8/21/2019 Jail Reform
45/220
of a femae to interrogate her in the presence of an officer of the 3ai and a ady
poice officer"
Security System7 There are often reports of escape of prisoners from 3ais"
This happens due to the crum!ing was of some 3ais and the non5avaia!iity of
ade6uate security e6uipment for the purpose of detecting escapes" This pro!em
!ecomes more acute when there are crisis in 3ai premises" To foresta any
eventuaity of escape from 3ai premises it is recommended that 3ai
was*structures shoud !e strengthened and proper security system shoud !e
instaed in 3ai premises" Cosed circuit T"?" e6uipment !e instaed in 3ai and the
staff shoud !e given appropriate gadgets for detecting escapes" Such staff must
aso !e given appropriate training for the purpose"
Education7 %ue A21 of the Jai (anua provides for the provision of education
up to the primary eve to a iiterate prisoners and further provides for
appropriate faciities to those prisoners who wish to ac6uire higher studies" The
rue further provides for the esta!ishment of we furnished i!rary in 3ai premises
where !ooks maga
8/21/2019 Jail Reform
46/220
and other printed materia to 3ai inmates" The 'nternationa 'samic Eniversity
and )ama '6!a Open Eniversity may !e approached to manage courses
through correspondence"
Release on parole7 Section - and : of the Good Conduct Prisoners Pro!ation
%eease )ct 01-A dea with powers and conditions for the reease of convicts on
paroe" On common pro!em e+perienced !y the prisoners is that for reease on
paroe for a short period incase of death of reative in the famiy etc permission
is granted !y the Government i"e" $ome Secretary of the Province" Such
permission is not given e+peditiousy with the resut that the needy prisoners is
una!e to avai it" 't is therefore recommended that such permission may !e
given !y the #irector %ecamation and Pro!ation after the process and the
procedure for the purpose shoud !e simpified"
Simiary rues aso e+ist for the reease on paroe of those prisoners who have
aready undergone a su!stantia part of their imprisonment" Paroees in such
cases are re6uired to work in residences on meargre saary" Ony a fraction of
this amount is paid to them as wages"
=ith the passage of time the num!er of prisoners reeased on paroe is
decining" The procedure is engthy and cum!ersome" The pro!ation officers are
confronting difficuties whie getting the prisoners reease on paroe")t present't
is therefore suggested that the procedure for reease shoud !e simpified so as
to aow a greater num!ers of prisoners to !e reeased on paroe for working not
3ust as domestic servants !ut aso in industry trade and other commercia
institutions in the pu!ic and private sector" T he terms and conditions or work
and the amount of wages may !e negotiated with the concerned
industry*department" )n appropriate amount of such wages shoud !e paid to the
working paroees" This wi ena!e the Government to earn some revenue and
the paroees to provide su!sistence to his*her famiy mem!ers" This wi make
46
8/21/2019 Jail Reform
47/220
the prisoner a productive mem!er of the society and faciitate him*her in
reha!iitation"
Open Jail7 The esta!ishment of open Jai is a new and innovative concept
meant to reform and reha!iitate the prisoners" This way the prisoners are
ena!ed to get training and earn the skis" 7y working in such prisons they aso
participate in the nationa deveopment and increase in agricutura output"
Open Jais were esta!ished in 7adin ,Sindh/ and 7ureawaa ,Pun3a!/" The ater
was su!se6uenty cosed around 01A-" The 7adin Jai is sti in operation !ut
under5utii
8/21/2019 Jail Reform
48/220
compensation for the a!our is very meager and too inade6uate and in most of
the cases payment of wages is ni"
The situation was considered !y (r" Justice ,%etd/ Q") ChannIs Committee
constituted !y the Government of Sindh which made some usefu
recommendations for reformation of the system" These recommendations speak
of privati
8/21/2019 Jail Reform
49/220
The Government have aready passed the )!oition of punishment of whipping
)ct 011A under which whipping has !een a!oished" 't is therefore
recommended that the reevant prison rues may aso !e repeaed accordingy"'t is further recommended that the punishments of putting !ar fetters shoud aso
!e a!oished in a prisons" The same punishment has !een a!oished !y the
Government of N=4P through Prison ,N=4P/ ,)mendment/ )ct 011A on the
recommendation of $igh Powered Committee constituted !y the N=4P
Provincia )ssem!y" The same has aso !een recommended !y the (r" Justice
,%etd/ Q") ChannaIs Committee constituted !y the Government of Sindh"
with a view to check the a!use*misuse of authority !y 3ai superintendent it is
appropriate that an appeate authority is prescri!ed for the purpose of reviewing
the orders of 3ai superintendent" Such an authority may !e within the hierarchy
of 3ai authorities" 't is recommended that the prisoner shoud have a right of
appea against a ma3or penaty to the 'nspector Genera Prison whose order
sha !e fina"
Remission of Sentences7
't is fet that the convicted prisoners sentenced and imprisoned for committing
various offences come out from Jais after spending some portion of their
imprisonment which is often very ess in compare to their crimes" 't is happened
!ecause of %emission System which gives powers to the functionaries of the
Government to commute the sentences of the convicted persons during each
year and in pursuance of these remissions they are reeased from 3ais and some
hardened criminas !ecome again dangerous eements for the society" )ccording
to Pakistan Prisoners %ues 0128 ,%ues 011 to -../ a convicted prisoner whoa!ides !y 3ai rues is egay entited to the faciities of earning remission upto one
third of the tota sentence" 7ut these rues are not made known to convicts at the
start of their prison terms though reguar 3ai!irds know a!out each concession
they can !uy or e+tort"
49
8/21/2019 Jail Reform
50/220
(i) Provisions of t'e Statutes:Rules re1ardin1 "ommutation of Sentence,
The foowing provisions of the aws*rues give ampe powers to the functionaries
of the Government to commute the sentences of the convicted persons thusfaciitating their reease from Jai we !efore the end of period of sentences"
Section :@ of the Pakistan Pena Code 08A9 provides that in every case in which
sentence of death sha have !een passed the 4edera Government or the
Provincia Government of the Province within which offenders sha have !een
sentenced may without consent of the offenders commute punishment for any
other punishment provide !y the Pakistan Pena Code 08A9" Simiary under
section :: in every case in which sentence of imprisonment for ife sha have
!een passed the Provincia Government of the Province within which the
offenders sha have !een sentenced may without consent of the offenders
commute the punishment for imprisonment of either description for term not
e+ceeding fourteen years" $owever proviso has !een added to these sections
where the offender convicted for the offence of ata or under the offences
punisha!e under Chapter ?' of the Pakistan Pena Code sha not !e
commuted without consent of the victim or as the case may !e of his heirs"
Section @90 of the Code of Crimina Procedure 0818 empowers the Provincia
Government to suspend the e+ecution of sentence or remit the whoe or any part
of punishment of any person who has !een sentenced for a offence at any time
without conditions or upon any conditions which the persons sentenced accepts
and whenever any appication is made to the Provincia Government for the
suspension or remission of sentences the Provincia Government may approach
the Presiding Officer of the Court for confirmation whether the appication shoud
!e granted or refused together with his reason for such opinion" Section @9-
gives powers to the Provincia Government to commute any one of the foowing
sentences without consent of the person sentenced for any other punishment"
50
8/21/2019 Jail Reform
51/220
,i/ #eath to imprisonment for ife ,ii/ %igorous imprisonment to Simpe
imprisonment for a ike term fine"Ender
Section @9-) Cr"PC provides that the power conferred !y Section @90 and @9-
upon Provincia Government may in the case of sentences of death sha aso
!e e+ercised !y the President" Section @9- provides certain restriction on the
e+ercise of powers !y the Provincia Government which provides that
notwithstanding any thing contained in Section @90 or Section @9- the Provincia
Government sha not e+cept with the previous approva of the President
e+ercised the powers conferred there!y in a case where the President has
passed any order in e+ercise of this powers under the Constitution to grant
pardons reprieves and respites or to remit suspend or commute any sentence
or of his powers under section @9-)"
Section @9-C however provides that the Provincia Government 4edera
Government or the President sha not with out consent of the victim or as a case
may !e of his heirs suspend remit or commute any sentence passed in Chapter
?' of the Pakistan Pena Code"
)rtice @: of the Constitution of the 'samic %epu!ic of Pakistan 012. empowers
the President to grant pardon reprieves and respites or to remit suspend or
commute any sentenced passed !y any court tri!una or authority"
Cause ,:/ of Section . of the Prisoners )ct 081@ defines M%emission System
which means the rues for the time !eing enforced reguating the award of marks
to and the conse6uent shortening of sentences of prisoners in 3ai"
%ues 018 to -@1 of the %ues for the Superintendence and (anagement of
Prisoners in Pakistan adopted !y the Govtof Pakistan through )daptation of
Pakistan Law Order 01@2 reguate the %emission System"
(ii) !efinition of Remission System, %ue 011 of the a!ove rues states that
%emission System is an arrangement !y which a prisoner sentenced to
51
8/21/2019 Jail Reform
52/220
imprisonment whether !y one sentence or !y consecutive sentences for a period
of four months or more may !y good conduct and industry !ecome eigi!e for
reease when a portion of his sentence ordinariy not e+ceeding one5third of thewhoe sentence has yet to run"
(iii) ature of Remission,%ue -99 provides that remission under the rues may
!e ordinary or specia"
(iv) "ases in 0'ic' no ordinary remission is earned,
%ue -90 provides that ordinary remission sha not !e earned in respect ofK 55
,i/ any sentence of rigorous imprisonment amounting to ess than four months"
,ii/ any sentence of simpe imprisonment e+cept for any continuous period not
!eing ess than one month during which the prisoner a!ours vountariyF and
,iii/ any sentence of rigorous imprisonment in defaut of payment of fineF provided
that if this sentence is in addition to a su!stantive sentence of four months or
more ordinary remission sha aso !e earned in respect of such sentence"
)ccording to e+panation of section -90 if a prisoner sentence or tota of
sentences is reduced on appea to ess than four months he sha cease to !e
eigi!e for ordinary remission under these rues and any remission that he may
have earned prior to the reduction of sentence or sentences sha !e canceed
and when a sentence of ess than four months has !y su!se6uent conviction or
convictions or otherwise !een raised to sentence of four months or more the
prisoner sha !e credited with ordinary remission from the first day of the
caendar month foowing the month in which he was admitted to a prison on his
first or origina conviction"
Ender %ue -9@ ordinary remission to !e awarded to a prisoner other than a
prisoner empoyed on prison service sha !e according to the foowing scaes"
52
8/21/2019 Jail Reform
53/220
,a/ two days per month for thorough good conduct and scrupuous attention to
a prison reguationsF and
,!/ three days per month for industry and the due performance of the
prescri!ed daiy task"
,c/ Ordinary remission to !e awarded to a prisoner empoyed on prison
service as specified in the ta!e !eow sha !e according to the scae
specified against each category of such serviceK 55
S, o, Prisoners classification as perla#our allotment
E;tend of a0ard of ordinary remissionper mont'
0 Num!erdar A days
- (u6addam 2 days
. Shinposh 8 days
@ Cook 2 days
: Dducationa Teacher 8 days
A Sweeper 8 days pus %s 09 per mensem to !e paidunder the head Mcontract ContingenciesK"
2 (ason 7ar!er $ospita )ttendant
Ceaner and prisons who work on4ridays and hoidays
A days
(v) scale of a0ard of remission 0'en a prisoner is una#le to la#our
t'rou1' causes #eyond 'is control,
,i/ %ue -9: provides that a convicted prisoners who is una!e to a!our through
causes !eyond his contro such as his !eing in Court in transit from one prison
to another in hospita or in an invaid gang sha !e granted remission under rue
-9@ on the scae earned !y him during the previous month if his conduct prior to
and during the period in 6uestion has !een such as to deserve such grant"
,ii/ ) convicted prisoner whose a!sence from work is due to his own misconduct
in prison sha not !e aowed remission for a!our under rue -9@ for the period
of a!sence when the (edica Officer reports that the prisonerIs a!sence from
53
8/21/2019 Jail Reform
54/220
a!our is due to causes within his contro and is caused !y action of the prisoner
himsef with a view to avoid work or to get into or to remain in hospita"
,iii/ a prisoner under sentence of death whose death sentence is su!se6uenty
commuted to imprisonment for ife or rigorous imprisonment for any period on
appea or otherwise sha !e entited to award of ordinary remission under su!5
rue ,i/ of rue -9@ from the date of award of such death sentence"
(vi) Remission on account of Annual 5ood "onduct,
,i/ %ue -00 provides that any prisoner eigi!e for ordinary remission under these
rues who for a period of one year commencing from the first day of the month
foowing the date of his sentence or recommitta to prison or the date on which
he was ast punished for a prison offence has not committed any prison offence
whatever sha !e awarded fifteen days ordinary remission in addition to any
other remission earned under these rues"
,ii/ ) prisoner who competes three years of his sentence without having
committed during the whoe of this period any prison offence whatsoever sha in
addition to the annua remission of fifteen days under su!5rue ,i/ !e granted atthe end of the third year of his sentence a further remission of thirty days for
good conductF provided that the tota remission earned sha not in any case
e+ceeded the ma+imum remission permissi!e under these rues"
(vii) Remission to Prisoners 0'o donate #lood,
,i/ %ue -0- provides that a convicted prisoner sha !e aowed to donate !ood
and for such donation he sha !e awarded 0: days e+tra remission"
,ii/ the num!er of times a prisoner sha !e aowed to donate !ood and earn
remission therefore sha !e in accordance wit the ta!e !eow"
Period of Imprisonment ature ofImprisonment
Interval Permissi#le#et0een eac'!onation
E;tend of!onation
54
8/21/2019 Jail Reform
55/220
0 month upto A months Simpe or rigorousor in ieu of fine Once ony
D+ceeding A months up to: years
Simpe or Si+months rigorous orin ieu of fine
Si+ months Three times
D+ceeding : years and
a!ove
%igorous Si+ months 4our times"
%emission granted under the a!ove rue is not ia!e to forfeiture ike ordinary
remissionF and sha !e e+cusive of the imit of one5third remission prescri!ed
under the rue -02"
(viii) Remission to a prisoner 0'o under1oes sur1ical sterili2ation,
'n rue -0. a prisoner who vountariy undergoes surgica sterii
8/21/2019 Jail Reform
56/220
,viii/ )ssisting in detecting or preventing !reaches of prison discipine or
reguationsF and
,i+/ %eguar prayers and o!servance of fasts during %ama
8/21/2019 Jail Reform
57/220
0
)ny e+amination hed !y a Eniversity 7oard of Secondary Dducation7oard of Technica Dducation #irector of Dducation or a #istrictDducation Officer
- Orienta anguage e+amination in )ra!ic Erdu 7engai Pun3a!i
Persian Sindhi and Pushto anguages. Primary casses e+amination conducted !y the #istrict Dducation Officer"
@ D+amination of reading the $oy uran hed for prisoners who earn toread $oy uran during confinement"
: D+amination of understanding the meaning of the $oy uran orac6uiring proficiency in understanding fundamentas of 'sam"
A D+amination of earning the $oy uran !y heart ,$afi
8/21/2019 Jail Reform
58/220
(!) 4or prisoners undergoing su!stantive sentence e+ceeding 09
years !utK
,i/ Securing @9 marks : months,ii/ Securing @0 to A9 marks A months
,iii/ Securing a!ove A9 marks 09 months
,!/ 'n the case of an e+amination at Sr" No ,ii/ of the ta!e the convictsha not !e entited to earn more than two remission in a"
,c/ 'n the case of the e+amination mentioned at Sr" No" ,iii/ of the ta!ea convict who appears in and passes the said e+amination after si+months of his admission into 3ai sha !e awarded tow monthsremission"
,d/ 'n the case of e+amination mentioned at Sr" No" ,iv/ of the ta!eremission sha !e . months"
,e/ 4or the purpose of the e+amination at Sr" No" ,v/ of the ta!e thecourses of Taeem5u5uran sha !e divided into the foowing fourunits with the scae of remission mentioned against eachK 55
"O%RSES
,i/ 4irst Enit*4irst Course*Dementary Course" 0:days
=hat 's 'sam;
,ii/ 4irst Enit*Second Course 0:days
=hat is 'sam;
,iii/ Second Enit* Third Course" =hat is 'sam; .9 days
,iv/ Third Enit*4ourth Course" 'samic System
of Justice A9days
,v/ 4ourth Enit*4ifth Course" $oy Prophets of the uran A9
days
58
8/21/2019 Jail Reform
59/220
(f) 'n the case of the e+amination mentioned at Sr" No" ,vi/ of the ta!eremission sha !e awarded according to the foowing scaeK
,i/ 4or convicts undergoing sentence up to . years"
A months
,ii/ 4or convicts undergoing sentence e+ceeding . years!ut not e+ceeding A years 1
months
,iii/ 4or convicts undergoing sentence e+ceeding A years!ut not e+ceeding 09 years
0- months
,iv/ 4or convicts undergoing sentence e+ceeding 09 years -
years"
(1) 4or the purpose of e+amination Sr" No" ,iv/ ,v/ and ,vi/ of the ta!ethe e+amination sha !e conducted !y a Committee comprising thefoowing"
,i/ Superintendent of the Prison or his #eputy Superintendent"
,ii/ #istrict >hati! u6af #epartment Government of the Pun3a! or hisnominee"
,iii/ Principa of the oca coege or a Lecturer nominated !y him"
,iv/ ) %epresentative of the Government"
(') 'n case an undertria prisoner passes an e+amination mentioned inthe ta!e he sha !e aowed remission at the same scae asadmissi!e to a convicted prisoner if his tria resuts in conviction"
,i/ ) prisoner under sentence of death who passes an e+amination
mentioned in the ta!e sha !e entited to remission according to
the a!ove scae if his sentence is commuted"
,3/ %emission under this rue sha !e granted !y the '"G Prisoners andthe recommendation for such remission sha !e accompanied !ythe necessary provisiona certificate degree dipoma or acertificate issued !y the Committee"
(;ii) E;tent of Special Remission,
59
8/21/2019 Jail Reform
60/220
%ue -0A provides that Specia remission may !e awarded !y the foowing
authorities up to the e+tent mentioned against eachK 55
S, o Aut'ority a0ardin1
remission
E;tent of a0ard
0 Superintendent Not e+ceeding thirty days in one
year"
- 'nspector5Genera Not e+ceeding si+ty days in one
year"
. Government Not e+ceeding si+ty days in one
year"
@ 4edera Government Not e+ceeding si+ty days in one
year
(;iii) Remission 5ranted #y t'e President of Paistan,
The President of Pakistan in e+ercising his prerogative under )rtice @: of the
Constitution of 'samic %epu!ic of Pakistan 012. is aso granting remission in
sentences" )s per etter issued !y the 'nterior No" 8*@*-99.5Ptns" #ated -9 th
(arch -99. the President has granted remissions in sentences on the occasion
of the Pakistan #ay ,-.rd(arch -99./ in respect of the foowing cases"
i/ Specia remission of 19 days to the prisoners convicted for ife
imprisonment e+cept those convicted for murder espionage anti5
state activities sectarianism Qina ,Sec" 09 offence of Qina
,Dnforcement of $udood/ Ordinance 0121 ,aso under Sec" .22
PPC/ ro!!ery ,Sec" .1@ PPC/ dacoity ,Sec" .1:5.1A PPC/ kidnapping *a!duction ,Sec" .A@5) & .A:5)/ and terrorist acts ,as defined in the
)nti5Terrorism,Second )mendment/ Ordinance 0111 ,No" '''
of 0111/"
60
8/21/2019 Jail Reform
61/220
ii" Specia remission for @: days to a other convicts e+cept the
condemned prisoners and aso e+cept those convicted of murder
espionage su!version anti5state activities terrorist act ,as defined in the)nti5Terrorism ,Second )mendment/ Ordinance 0111 ,No" ''' of 0111/
Qina ,Sec" 09 Offence of Qina ,Dnforcement of $udood/ Ordinance 0121
,aso under section .22 PPC/ kidnapping* a!duction ,sec" .A@5) & .A:5)/
ro!!ery ,sec" .1@ PPC/ dacoity ,sec" .1:5.1A PPC/ and those
undergoing sentences under the 4oreigners )ct 01@A"
iii" Specia remission at su!5paras ' & ii a!ove wi !e admissi!e provided
that the convicts have undergone -*. rd of their su!stantive sentence of
imprisonment"
iv" Tota remission to mae prisoners who are A: years of age or a!ove
and have undergone at east 0*.rd of their su!stantive sentence of
imprisonment e+cept those invoved in cupa!e homicide and those
invoved in terrorist acts as defined in the )nti Terrorism ,Second
)mendment/ Ordinance 0111 ,No" ''' of 0111/"
v" Tota remission to femae prisoners who are A9 years of age and a!ove
and have undergone at east 0*.rd of their sentence of imprisonment
e+cept those invoved in cupa!e homicide and those invoved in terrorist
acts as defined in the )nti Terrorism ,Second )mendment/ Ordinance
0111 ,No" ''' of 0111/
vi" Specia remission of one year to femae prisoners who have
accompanying chidren and are serving sentence of imprisonment for
crimes other than cupa!e homicide and those invoved in terrorist acts
as defined in the )nti Terrorism ,Second )mendment/ Ordinance 0111
,No" ''' of 0111/
61
8/21/2019 Jail Reform
62/220
vii" Tota remission to 3uvenie convicts ,under 02 years of age/ who have
served 0*.
rd
of their su!stantive sentence e+cept those invoved incupa!e homicide terrorist act ,as define in Ordinance No" ''' of 0111/
Qina ,Sec" 09 offence of Qina ,Dnforcement of $udood/ Ordinance 0121
,aso under section .22 PPC/ ro!!ery ,sec" .1@ PPC/ dacoity ,sec" .1:5
.1A PPC/ kidnapping * a!duction ,sec" .A@5) & .A: )/ and anti5state
activities/
viii" Those convicted in cases processed !y the N)7 wi not !e entited to
any remission
Those who have !een convicted on or !efore -.59.5-99. are entited for the
a!ove said specia remission"
4rom the a!ove system of remission the convicted prisoners incuding the
prisoners imprisonment for ife get remission of sufficient period of their
sentences resuting thereto their eary reease from Jais !ut in many cases the
3ai authorities do not record the remission earned on the remission ticket of a
convict for variety of reasons" 't is generay o!served during the visit to 3ais that
these rues in vogue are not foowed !y the administration of 3ai" 't was found
that in most of 3ais the remission on account of giving !ood getting education
and doing a!our was not accounted for"
't is suggested that to ensure a fair appication of the system court shoud
announce one third remission and pro!a!e date of reease aongwith the
3udgment" This coud eiminate the eement of misuse and encourage prisoners
towards !etter !ehaviour" The Jai Superintendent aready has the authority to
forfeit remission of a prisoner for committing an offence in 3ai" The Commission
may aso recommend to the Government to rationai
8/21/2019 Jail Reform
63/220
as to avai this concession !y each prisoner without discrimination who o!ey the
rues and do not create any trou!e for the 3ai administration"
Medical Facilities7 %ues 22A to 891 of Pakistan Prison %ues 0128 dea with
the medica treatment" The state of medica care in 3ais is a!ysmay poor and
was one of the most common compaints which came to ight during visit to
prisons throughout the country" Prisoners in a the prisons compained that they
are not !eing provided medicines according to the re6uirement" This was
confirmed !y the 3ai staff who peaded ack of funds" 'n the Centra Jai >arachi
it was pointed out that ony rupees one ac is earmarked for purchase of
medicines which is hardy sufficient for two months" They are arranging the
medicines with the assistance of NGOs and phianthropists"
Ender %ue 282 in each prison a hospita for the treatment of sick prisoners is
re6uired to !e esta!ished"
'n case of iness the prisoners shoud !e admitted in hospita for proper
treatment" %ues aso provide for proper medica care and specia diet to the
patients during their iness"
'n a prisons the hospitas are without proper a!oratories e6uipments and
necessary medicines" The hospitas are aso acking nursing and technica staff"
The services of prisoners are utii
8/21/2019 Jail Reform
64/220
't is further recommended that necessary arrangements shoud aso !e made for
periodic visits of psychoogists psychiatrist medica speciaists and socioogists
to prison so as to hep in diagnosing and giving appropriate treatment*medicineto patients"
't is aso recommended that for cheap and effective medica treatment
homeopathic dispensaries may aso !e esta!ished in prisons"
%eportedy appro+imatey one5third of the tota prison popuation consists of
addicts who need deto+ification and reguar treatment" 't is therefore
recommended that proper treatment for such addicts may aso !e arranged in 3ai
hospitas or outside in the pu!ic*private hospitas *cinics"
The prison authorities shoud consider the pro!em of aids and introduce a
system of screening and treatment"
Patients in need of specia attention shoud !e shifted and referred to appropriate
government hospitas and procedure for such shifting shoud !e simpified"
)m!uance service !e provided to each centra prison and woman 3ai for shifting
of serious i prisoners to the city hospita"
Mentally Sic,
The condition of mentay sick prisoners shoud !e a cause of particuar concern
for our society" They are treated as a pariah suffering from a!3ect negect and
target of ridicue" They are unaware of their crime or their situations" They are not
provided medica treatment or shown any sympathy" They are hudded in an
64
8/21/2019 Jail Reform
65/220
isoated part of the 3ai in a!omina!y fithy state often surrounded !y e+creta
urine insects and fies" Those who tend to !e aggressive or difficut are ruthessy
!eaten and further degraded"
(entay sick prisoners are usuay without any ega aid" They are re3ected !y
their famiies and the society aso ignores them" They suffer for indefinite periods"
)s a punishment it is not uncommon for the 3ai authorities to confine a norma
prisoner with the mentay sick" Often poice paces mentay sick !ut non5crimina
persons !ehind !ars"
The progress made in the treatment of menta diseases over the past years has
confirmed that those afficted !y menta disease are not criminas" They must not
!e kept in prison" Prison conditions instead of soving their pro!ems have
devastating effects on their menta heath"
't is therefore recommended thatK5
0" Prison shoud not !e the pace for menta patients
-" The state of menta heath of each person hed in prison shoud !e
assessed !y a 6uaified psychiatrist"
." ) under5tria prisoners suffering from menta disorders shoud prefera!y
!e granted !ai"
@" ) prisoners who are found to !e suffering from menta i heath shoud !e
transferred to an appropriate hospita or reha!iitation center for treatment
and care"
65
8/21/2019 Jail Reform
66/220
:" 'f it is not feasi!e to pace mentay sick prisoners in menta hospita then
they shoud !e provided proper treatment !y visiting speciaists"
A" These prisoners shoud !e provided medica attendants to hep them" 't
must !e ensured that they are reguary fed kept cean propery cothed
and their accommodation is hygienic and cean" They shoud aso !e
provided free ega aid"
2" NGOs and other organi
8/21/2019 Jail Reform
67/220
)fter competion of sentence !y a prisoner a possi!e steps shoud !e
taken to ensure his eariest possi!e return to his country"
)rrangements shoud !e made so that prisoners who are awarded ong
prison terms coud serve the initia period of the sentence in the country
awarding the punishment and the remaining period in their own countries"
The (inistries of interior and foreign )ffairs shoud !e in constant contact
with concerned em!assy for repatriation of the prisoners to his origin
country"
%nder$trial prisoners,
'n a prisons a!out two third of 3ai inmates are under5tria prisoners" 't is noticed
that most of such under5tria prisoners are anguishing in 3ais due to deays in the
disposa of their cases" #eays occur sometimes due to non5avaia!iity of
transport for !rining them to courts" #eays aso occur due to ate su!mission of
chaans re5investigation !y poice and remand of cases !y superior courts" 't is
aeged that some under5tria prisoners have aready competed the prescri!ed
period of their imprisonment in 3ais" #uring visits to 3ais it came to the notice
that some prisoners are dumped in prison without any tria for months and even
the poice station where an 4'% was registered is not known to 3ai administration"
The confinement of undertrias in prisons is the principa and decisive cause of
overcrowding and graduay the proportion of undertrias to convict is rising"
)ccordingy it is recommended that the system of 3ai inspection !e strengthened
so that the 3udicia officers and 3udges of high courts reguary visit 3ais and give
on5the5spot instructions regarding the cases of such under55tria prisoners" Pre5tria detention shoud !e avoided as far as possi!e and !ai shoud easiy !e
avaia!e" Pre5conviction and detention shoud aways count as time served as
sentence and never e+ceed the ma+imum sentence provided for the offence a
detainee is charged with" #uration of pre5tria detention may !e imited !y aw"
Procedure for granting !ai shoud !e i!erai
8/21/2019 Jail Reform
68/220
speeded up produced overcrowding in 3ais" The undertrias hed for crimes
punisha!e with ess than 2 yearsI imprisonment shoud !e given the right to
automatic !ai after one year" 'n petty offences i!era use of pre5arrest !ai onsurety of good !ehaviour and summary trias !y 'a6a (agistrate shoud !e
resorted to" ) persons confined in 3ais for petty*minor charges for A months
without tria shoud !e reeased"
The disposa of serious and heinous cases is deayed for years due to a variety
of reasons" To ensure speedy competion of such cases the procedure need to
!e streamined work ethics improved and the num!er of Sessions Judges
increased" Section .8-57 Cr"PC shoud !e amended to ensure that everyone
who has remained as undertria prisoner is given the !enefit of the entire
undertria period towards conviction"
Le1al Aid:Assistance7 There are often compaints that prisoners do not get any
ega aid or assistance" Sometimes it is difficut for them to meet their counses"
=ithout proper ega aid*assistance convicts and under5tria prisoners may not
get e+peditious tria" 'n this respect instructions shoud !e issued to 3ai
superintendents to ensure that prisoners do not have any difficuty in meeting
their counses" Simiary appication for ega aid*assistance for indigent prisoners
shoud !e prompty forwarded to courts"
The Pakistan 7ar Counci %ues provide for ega aid*assistance to the
needy*poor itigants" No ade6uate institutiona arrangements however e+ist for
the purpose" 't is therefore recommended that the Pakistan 7ar Counci and
Provincia !ar councis shoud made necessary arrangements for the purpose of
setting up ega aid committees"L
The Government shoud consider e+tending to the !ar councis financia
assistance ofthe purpose"
68
8/21/2019 Jail Reform
69/220
The Juvenie Justice System Ordinance -999 envisages the provision of free
ega aid to a chid5victim on offender5!y a 6uaified awyer with : years standing
in the 7ar" This provision shoud !e enforced and appropriate funds given to#istrict and Sessions Judges to arrange for the ega aid of indigent chidren"
Meetin1 0it' relations:Friends7 %ues ::- to :A- of Pakistan Prison %ues
0128 provide for proper faciities so as to ena!e prisoners to meet their reatives
and friends" The conditions of such meeting paces are however stated to !e
depora!e" 't is recommended that proper faciities such as fans and chairs etc
shoud !e made avaia!e in the meeting has for the comport of prisoners and
their reatives*friends" Chidren accompanied !y parents or guardians may aso
!e aowed to meet their reations in prisons"
Prisoners with good conduct shoud !e granted short term paroe to meet their
famiies and hep them in tasks such as cutivation * harvesting of
Top Related