LAHORE: Issuing directions to the Punjab government for jail reforms in the province, the Lahore High Court has observed that the establishment of women jails at Lahore, Faisalabad and Rawalpindi is necessary to protect the rights of female prisoners confined in male prisons.

Justice Abid Aziz Sheikh issued a detailed judgement on a public interest petition filed by woman activist Rida Qazi in 2010 seeking the court’s directions to introduce reforms in the jails of the province.

During the pendency of the petition, various orders have been passed and steps have also been taken addressing critical issues being faced in Punjab prisons, including overcrowding, poor infrastructure and prisoners’ inadequate rehabilitation programmes etc.

The reports submitted by the government departments transpire that at the time of filing of the petition, there were 32 jails housing 52,803 prisoners against an authorised capacity of 21,527, resulting in overcrowding of 146 per cent. However, over the last 14 years sustained reforms have significantly improved the conditions of prisons across the province.

Recommends establishment of women jails, psychiatric wards for mentally-ill inmates; highlights misuse of parole

They said 13 new prisons have been constructed across Punjab, bringing the total number of jails to 43 by 2024, which include district jails in Okara, Pakpattan, Layyah, Bhakkar and Rajanpur as well as two high-security prisons in Sahiwal and Mianwali.

This infrastructural development increased the authorised capacity to 37,563 inmates, which is a significant improvement from the 2010 baseline.

Between 2010 and 2024, 140 new barracks and 928 additional death cells were also constructed, providing accommodation for over 4,000 inmates. These developments align with constitutional protection and the international standards, ensuring that the basic rights of inmates particularly those awaiting trial or execution are safeguarded.

The government stated that new facilities were strategically planned to serve those districts where no prisons previously existed, ensuring equitable distribution of the resources.

Additionally, the steps have been taken to address future needs with plans to construct Jails in districts Nankana Sahib, Chiniot and Khushab.

It informed the court that a video trial system has been installed in nine central jails of Punjab and nine divisional anti-terrorism courts of the province and the same facility would also be installed in all remaining jails of Punjab in coming years.

The government believes this project would not only decrease the expenditure spent on the fuel for transporting the prisoner to the respective courts but also help to complete the trial in reasonable time.

Justice Sheikh issued a set of directions to the government to make further future improvements in the prisons management system.

The judge observed that to help long-term prisoners to re-integrate into the society, prison authority may establish open prisons with “minimum security” for confinement of the convicted prisoners in the last year of the sentence.

The judge instructed the authorities to ensure digitalisation of courts records, prisons and the prosecution and their integration to streamline the legal process and reduce delays.

He said the option of trial through video link may be exercised, if possible, to reduce delay.

The judge noted that at present 3,200 prisoners belonging to the territorial jurisdiction of Islamabad are incarcerated in central jail, Rawalpindi. He said construction of a separate prison facility at Islamabad may reduce congestion in the Rawalpindi jail.

Since mentally ill prisoners are transferred from different jails to the Punjab Institute of Mental Health for their treatment, Justice Sheikh proposed that a psychiatric ward or an independent hospital may be established at regional level, especially at Rawalpindi and Multan to ensure the treatment and confinement of mentally-ill prisoners in conformity with the guidelines stipulated by Supreme Court.

The judge expressed concern over the misuse of the parole facility by jail authorities, pointing out that almost all eligible prisoners are kept as domestic workers at the residence of the officers.

He said the procedure of release on parole should be simplified and such parole prisoners should be engaged in community service, in industry and commercial institutions.

The judge disposed of the petition, saying there is no need to proceed with parallel proceedings by way of public interest litigation since a sub-committee on jail reforms for Punjab has been constituted with Justice Shams Mehmood Mirza of the LHC in the chair.

Justice Sheikh noted that the sub-committee shall submit its recommendations as per the ToRs within a period of two months to the chief justice of Pakistan/chairman, Law and Justice Commission of Pakistan.

Published in Dawn, December 26th, 2024