PESHAWAR: Peshawar High Court Chief Justice Ishtiaq Ibrahim on Thursday expressed concern about the plight of prisoners, especially that of undertrial women and juveniles, and called for the protection of the prisoners’ rights in consultation with major stakeholders.
He was addressing the inaugural session of a two-day consultation on prison reforms organised by the Khyber Pakhtunkhwa Judicial Academy.
Other participants included retired Justice Qalandar Ali Khan, MPA Ahmad Kareem Kundi, KP IG Prisons and other prison officials, judges, law officers, representatives of civil society groups, selected prisoners, academicians and researchers.
Organisers said the workshop was meant to bring together all stakeholders of the criminal justice system, including parliamentarians, prison officials, judiciary, law enforcement agencies, civil society organisations, members of the Bar and selected prisoners, to discuss the current situation of prisons and to identify areas of reforms.
Consultation begins on prison reforms
Chief Justice Ishtiaq Ibrahim said that jail reforms had been a key component of criminal justice reforms.
He pointed out that the Supreme Court, in suo motu case in 2015, highlighted the pathetic conditions of women prisoners and observed that the regulatory framework governing prisons had almost failed.
He emphasised that fresh focus on jail reforms was crucial for many reasons.
“While progress has been made, the desired outcomes have not yet been achieved, and the consequences of inadequate reforms were grave for both individuals and society,” he said.
Justice Ishtiaq Ibrahim highlighted that some reforms, such as proper prison infrastructure and recruiting sufficient and skilled staff, would naturally take time.
He added that it would also require significant funds, however, many issues stem from poor management, poorly designed policies, ill-thought-out laws, and a lack of clear framework.
The chief justice expressed his worry and said that there was no proper legislation for darul aman (shelter home) and it had been run through an executive order.
Highlighting the condition of under trial prisoners, the chief justice said that they were facing far worse conditions than convicted prisoners, and the judiciary had to take ultimate responsibility for ensuring the swift resolution of such cases.
He said that on his directives, the MIT (member inspection team) office closely monitored the progress of under-trial prisoners’ cases.
The chief justice said that the high court’s criminal bench had nearly concluded all appeals instituted prior to 2023.
He said for improving living conditions for convicted prisoners, it was crucial to ensure their access to proper medical care and implement effective rehabilitation initiatives.
The chief justice also advocated for alternatives to imprisonment, such as parole, probation, and remission systems, saying that these systems must be revisited and strengthened.
Justice Ishtiaq Ibrahim said that the prisons were mostly overcrowded, whereas accused in narcotics cases had also overburdened the prison system.
He said that the narcotics accused were mostly drug addicts and it was need of the hour for the government to set up rehabilitation centres for them.
Earlier, director general of the academy Jehanzeb Shinwari highlighted that Pakistan’s prison system faced significant challenges that adversely affected the human rights of prisoners.
He said that the workshop was a crucial step towards reforming the Khyber Pakhtunkhwa prisons system and had been arranged in a manner to materialise the vision of Chief Justice of Pakistan Yahya Afridi regarding prison reforms.
He said that the consultative workshop was aimed to improve coordination amongst the stakeholders of the criminal justice system. He added it would make useful recommendations for improving the present situation of prisons as well as prisoners.
Published in Dawn, January 10th, 2025