KARACHI: The Sindh High Court on Tuesday directed the provincial authorities to pay Rs330 million within three days for the release of 37 prisoners and convicts detained in various jails of the province for non-payment of compensation.

A two-judge SHC bench headed by Chief Justice Ahmed Ali M. Shaikh also issued directives for necessary amendments to the diyat law regarding the payment of diyat and the age limit of convicts and prisoners.

In the last hearing, a provincial law officer assured the bench that the provincial government would release the amount soon after the SHC directed to take steps for the release of these prisoners and sought a report within two weeks.

When the petition about the convicts and prisoners confined in various jails of the province for non-payment of compensation came up for hearing on Tuesday before the two-judge bench, an additional advocate general contended that although the cabinet had approved the summary, the bureaucracy had yet to release the amount.

The chief justice wondered why the bureaucracy was creating hurdles in an issue related to human rights.

However, the DIG (prisons) informed the bench that the jail authorities had received the cheque.

A deputy home secretary for Sindh submitted that out of the 37 convicts, four had filed appeals before the SHC against the judgements of trial courts, adding that compensation for these convicts may not be released till the disposal of their appeals. However, the bench directed the authorities to pay the compensation amount within three days to ensure the release of all the 37 convicts and prisoners.

In a previous hearing, the provincial home department through a report informed the SHC that 37 convicts were still confined in various jails of the province for non-payment of compensation, adding that the provincial government was paying the compensation amount on the behalf of the convicts who were 60 years old or above.

Earlier, the secretary for human rights had also informed the bench that there was an age limit in the law and amendments would be made to bring down the age limit from 60 to 40 years. However, the petitioner opposed it saying there should be no age limit.

Advocate Shahab Usto petitioned the SHC and submitted that the underprivileged convicts were languishing in different prisons of Sindh just for non-payment of arsh, diyat and daman as they had completed their sentences.

The petitioner further argued that the federal law secretary, provincial home secretary, the SBP and other respondents were bound under the Diyat, Arsh and Daman Funds Rules 2007 to provide financial assistance or soft loans to such prisoners.

He maintained that the federal government had placed the said fund under the administrative control of the ministry of law, justice and human rights while the administrative committee delegated all powers to the provincial sub-committees, to be headed by the provincial home secretaries.

The petitioner contended that it was the responsibility of the provincial sub-committees to scrutinise, process and recommend the eligible cases to the administrative committee for its consideration and approval for grant of the amount.

The petitioner added that the SBP was duty-bound to issue instructions to scheduled banks to advance soft loans at a rate of interest not exceeding one per cent, inclusive of all costs or interest-free loans, to the convicts in this connection.

Moreover, after the amendment to the rules in 2011, he argued, the SBP may also advise the Islamic banks to pay from their charity funds to the destitute prisoners and convicts.

However, the petitioner argued that although a mechanism was available under the law, respondents had virtually done nothing to come to the rescue of the needy convicts languishing in jails only for want of the compensation amount.

Published in Dawn, May 2nd, 2019