The Supreme Court directed the chief executives’ of the federal and provincial governments on Tuesday to ensure that laws relating to the rights of inmates, especially their release on the basis of probation, are effectively implemented and made functional.
“It is a right of every eligible prisoner to be considered for the purposes of enjoying liberty on the basis of probation. The neglect of the executive authorities to perform their obligations and duties imposed by law and to give effect to the enforced laws, particularly relating to the inmates of prisons amounts to a breach of the duty of care that is owed to the incarcerated prisoner. This breach of a fiduciary duty could expose the authorities concerned and the State to be sued by the inmates of the overcrowded prisons for damages,” reads the five-page judgment authored by Justice Athar Minallah.
A division bench of the apex court led by former Chief Justice of Pakistan Umar Ata Bandial had heard the matter. In its verdict, the court declared that neglect or refusal to effectively enforce enacted laws relating to the release of a prisoner on the basis of probation is violative of the fundamental rights guaranteed under the Constitution, inter alia, under Articles 9, 10-A, 14 and 25.
