PESHAWAR, Aug 5: A two-member bench of the Peshawar High Court on Wednesday sought an explanation from the provincial government about its policy regarding prisoners not getting diyat money.

The bench comprising Justice Shahjehan Khan Yousafzai and Justice Dost Muhammad Khan directed Additional Advocate General Ubaidullah Anwer to inquire about the policy of the government and inform the court at the next hearing.

The bench took up for hearing two identical petitions filed by 17 condemned prisoners who have finished their prison term, but have not been released owing to non-payment of diyat money.

These prisoners claimed that they were poor and were not in a position to pay the diyat amount. They added that the state should be asked to pay the diyat amount or they should be released so that they could earn that money and pay it to the affected families.

One of the petitioner, Ameerzada, was produced before the court. He stated that he was poor and had no money to pay. Advocate Naveed Maqsood representing Ameerzada contended that he had completed his prison term in 2001 and had not yet been released due to lack of money to the diyat.

Ameerzada was arrested in a murder case and was sentenced to ten years rigorous imprisonment and was directed to pay a diyat amount of Rs272,000 to the deceased family. He completed his prison term in June 2001, but has to remain imprisoned.

Mr Maqsood asked how could he pay the diyat when he was in the prison. He added that he should be released so that he could be in a position to earn money. Justice Shahjehan Khan observed that there were reports about the provincial government making a policy of paying diyat money of the poor prisoners from the zakat fund.

The bench asked the AAG to inquire whether there was any such policy of paying the diyat money by the zakat department. Justice Dost Muhammad observed that unfortunately they were not fair in every field of life.

The bench observed that if any policy was framed by the government of paying diyat of poor prisoners then every prisoners would claim that they were poor and the state should pay the diyat on their behalf.