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Overcrowding in prisons unconstitutional

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ABench of Islamabad High Court headed by Chief Justice Athar Minallah gave a landmark and historic judgment in petitions filed by inmates of Adiala Jail declaring that overcrowding in jails is unconstitutional and ruled that a prisoner can sue the government and jail authorities for inhumane treatment during incarceration. Indeed it would not be wrong to equate country’s prisons as living hell given their deplorable conditions. Take for instance the condition of Adiala Jail. It has the capacity of fifteen hundred but it houses more than four thousand inmates. The situation in other prisons is not different as they are packed beyond capacity. It must be understood by the authorities including the federal and provincial governments that overcrowding in prisons leads to many complications including diseases amongst the inmates. In this context, Chief Justice of IHCAthar Minallah really deserves appreciation for taking up this hitherto neglected matter and giving an important ruling on it. Prior to this, he had also formed a Commission to investigate human rights violations in prisons which in its report had highlighted the fact that a large number of prisoners languishing in jails are not convicted but under trial prisoners. This seriously warrants for undertaking suitable judicial reforms and changes in law in order to deal with this problem. By ensuring early disposal of cases for which courts, police and prosecution has an important role to play, the issue of overcrowding in the prisons and associated problems can be addressed to a great deal. Since implementation of orders has always been an issue in our country, we expect that the honourable Chief Justice of IHC will continue monitoring of the implementation of its judgment in this particular case ensuring that the inmates are treated as per the jail manual and relevant international treaties. It is for the authorities concerned to ensure proper facilities in jails. Apart from constructing new prisons, it is important that these prisons are turned into rehabilitation centres for prisoners so that they are complete transformed persons after coming out of prisons. This will help bring down the crime rate in the country

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