Says awarding death sentence to a person doesn’t mean that he/she be treated inhumanly by keeping them in death cell for long unlimited period of time.

ISLAMABAD  -  The Supreme Court of Pakistan has said that the federal and the provincial governments must reconsider the prisoners’ laws, enabling the prisoners to be treated in accordance with law, to enjoy the equal protection of law.

It held that prisons should provide an atmosphere to prisoners especially those incarcerated in death cells in order to maintain their human identity and respect, their personal values and dignity which is their constitutional right, especially those incarcerated in death cells.

The apex court further said that all the respective governments should consider making of policy, enacting laws and/or amending the existing laws, in line with the international standards, in order to minimize the period of detention of death prisoners in death cells to a possible minimum extent.

A three-member bench of the SC headed by Justice Jamal Khan Mandokhail and comprising Justice Ayesha A. Malik and Justice Syed Hasan Azhar Rizvi, maintained that in a review petition of a convict, awaiting execution of his death sentence and till date, which is uncertain.

The petitioner has served out his sentence for more than life term and that too, in a miserable and inhuman condition while incarcerated in death cell for twenty-four years, which has compromised his personal values and dignity.

The court upheld its judgment dated 28.10.2015, passed in Appeal No. 643 of 2009, with modification in the quantum of sentence. Resultantly, the conviction of the petitioner, Ghulam Shabbir, under section 302(b) PPC is maintained, however, death sentences awarded to him on two counts converted into imprisonment for life on two counts, with benefit of section 382-B, Code of Criminal Procedure.

The judgment noted that as the courts are overburdened, therefore, it takes years and sometimes decades in conclusion of the proceedings in normal course. The delay in conclusion of judicial proceedings and execution of sentence awarded to the petitioner was on account of the system, hence, was beyond his control. Due to this hard fact, the petitioner has faced the agony of prolonged criminal proceedings, hence, is a victim of circumstances, therefore, he cannot be penalized for the act of the Court or the Executive.

The apex court also said that there is no doubt that after confirmation of death sentence, the convict must face its consequence but the delay in conclusion of criminal proceedings and thereafter, delay in executing the death sentence of a convict would amount to punishing him twice for one and the same act, which is neither permissible under the law nor under the injunctions of Islam.

It continued that awarding death sentence to a person does not mean that he/she be treated inhumanly by keeping them in death cell for long unlimited period of time. All prisoners living in death cell are not only deprived of their constitutional rights, but they also live under mental stress. Once the judgment attains finality, it must be implemented and executed at the earliest.

The SC said that he living conditions in death cell are miserable and altogether different from the living conditions of other prisoners, including lifers. In death cell, the convict is under a strict supervision, surveillance and is isolated.