SARMAD ALI
AFTER Spanish Flu of 1918,the world has once again is in the grip of deadly Corona Virus pandemic con ferring misery upon human beings regardless of any caste and creed. Many have breathed their last and others are in a sheer miserable condition on account of contracting the symptoms of the deadly virus. The deadly Corona Virus has flown to 198 countries of the world, however, western Europe and the United States of America have been among those regions- where Covid-19 has reached its peaks left many dead and numerous affected. The world has been directed byWorld Health Organization and other international health bodies to observe social isolation, distancing and take precautionary measures to save themselves from contracting Corona Virus. However, one group that needs to be considered amid rapid spreading of Covid-19 that is languishing behind bars across Pakistan.According to the government, Jails Reform Commission report the total capacity of prisons in Pakistan is to accommodate 57,742 prisoners, while 73,661 prisoners are detained in them are presently exposed to Covid-19 behind bars.According to the government’s jail reforms report presented to the Islamabad High Court in January 2020, there are a total of 73,661 inmates in prisons across Pakistan that include juveniles, women, senior citizens and those with weak health, and out of them 44,853 are under-trial prisoners (61%). In Punjab, there are 45,324 total prisoners and out of them 25,054 (55%) are under-trial. In Sindh, there are 16,315 total prisoners and 11,488 (70 percent) of them are under-trial. In Khyber Pakhtunkhwa, the figure is 9,900 and under-trials 7,067 (71%) and in Balochistan, total 2,122 and under-trials 1,244 (59%). In the light of international pattern, and in consideration of national dynamics of Pakistan, the Islamabad High Court, and Sindh Government followed by the Lahore High Court had decided to release of prisoners convicted and under trial. The provincial government in exercise of its powers under Section 401 of Criminal Code of Procedure 1898 granted 3-month remission in sentence to prisoners detained in prisons across Punjab. In the wake of rapid spreading of Corona Virus, the provincial governments and high courts of two major provinces of Pakistan decided to release prisoners from prisons in order to decrease the population of prisoners in prisons to lower the risk of spreading of Corona Virus in prisons. In writer’s opinion, the steps taken by the authorities appeared to be wise and humanely, as it was impossible to observe distancing in prisons where tens of thousands have been detained in small barracks. It is also noted that prisons across Pakistan are overcrowded as noted in the Jails Reform Commission report. However, the Supreme Court on last Friday constituted a Full Bench having presiding over a petition challenging the legality and suspension of decisions and orders taken by the High Courts’on release of prisoners. The full bench of Supreme Court had suspended all decisions and orders in the light of the high courts on release of prisoners, and maintained status quo till the final disposal of the appeal. The countries across the globe such as, the United States, Canada, Iran, Ethiopia, India, China, UAE and others combined in fear of rapid spreading of Corona Virus in prisons had released prisoners from their prisons on humanitarian grounds, reason being that social distancing could not have been possible in small prison cells and inside prison barracks. “COVID-19 is now becoming a threat that takes our system’s inhumanity to a new and even more horrific level: we know that the virus spreads in confined groups with frightening speed and efficiency. In a prison environment, huge numbers will die. Essentially, we are transforming their sentence of incarceration into a sentence to death”, as observed by David Mills and Emily Galvin in Independent. It is a time where due procedure of criminal ought not be followed at all. The writer says that in normal times, the judges listening to criminal cases and/or presiding upon bail matters would assume that to minimize risk to an individual, or their potential risk to community, is to keep them in a cell. It is a time to act effectively to save lives behind bars, however top officials of Pakistan have miserably failed in doing so. It is fair to suggest that Corona Virus is a death sentence for the incarcerated even though who had been sent to judicial lockup for minor offences. Juveniles and women prisoners under trial and convicted cannot be subjected to the death penalty as per domestic laws of Pakistan having them in prisons would lead them to death. The state of Pakistan shall take immediately necessary steps even the apex court of Pakistan must provide guidelines to the authorities and the courts in order to vulnerable lives. If we all must not act together- we might have number of deaths amounting to 73,661. Life is precious and the State of Pakistan must act to save all even prisoners. They deserved to be protected from contracting of Covid-19, even in prisons. —The writer is an advocate based in Lahore.
