ISLAMABAD - The Islamabad High Court (IHC) Monday directed the authorities to probe into the allegations of grave violations of human rights in the department of prisons.
A single bench of IHC comprising Chief Justice Athar Minallah issued these directions while hearing a petition of a prisoner Dr Irfan Iqbal, who mentioned corruption and maltreatment of prisoners in Adiala jail.
The prisoner also pointed out the ‘illegal’ activities of some influential prisoners and prayed to the court to direct the concerned authorities to take action against them.
After hearing the petition, the IHC bench directed the Ministry of Human Rights secretary and the Implementation Committee chairperson to forthwith ensure that the petitioner is not harassed nor does he become a victim of reprisal for bringing to the attention of this constitutional court, the shocking and abysmal violations of human rights within the prisons of Pakistan.
The court also directed them to probe into the serious allegations highlighted in the petition and submit a report on the date to be held on January 12.
Court observes jails have become epicentres of crime, corrupt practices
Justice Athar noted in his order, “It appears from the contents of the petition as if the prisons, instead of functioning as centres of reformation and social rehabilitation, have become epicentres of crime, corruption and corrupt practices.”
“The assertions indicate the phenomenon of enabling the powerful and privileged to exploit the system with the support of the prison authorities. While the latter exploit the system with impunity, the marginalised and vulnerable inmates become victims of grave violation of human rights. Such a phenomenon is intolerable in a society governed under the Constitution,” maintained the IHC chief justice.
The bench observed that allegations/assertions stated in the petition by the prison inmate are shocking and speak volumes for the grave violations of human rights in the prisons. It continued that it appears that the phenomenon of elite capture prevails in the prisons across the country, despite the fact that an Implementation Commission, headed by the worthy minister for Human Rights, was expected to ensure treatment of the prisoners in conformity with the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973 and the commitments of the State of Pakistan pursuant to ratification of the treaties and conventions highlighted in paragraphs 4 to 11 of the judgment of this Court titled “Khadim Hussain vs Secretary, Ministry of Human Rights Islamabad, etc”.
During the hearing, Ministry of Human Rights Director General Mohammad Arshad stated that the assertions made in the petition are being probed and a report will be submitted before the Court on the next date fixed.
The court noted that the State owes a duty of care to every prisoner regardless of his or her nature of imprisonment. Most of the prisoners in the prisons across the country are, admittedly, under trial accused and they are presumed to be innocent.
It added that the incarcerated person loses freedom of movement but does not cease to be a human. Inhumane treatment of a prisoner is a serious violation of the constitutional rights guaranteed under Articles 9 and 14 of the Constitution and the commitments of the State of Pakistan pursuant to ratification of treaties/conventions.