|
|
| November 07, 2006 | Tuesday | Shawwal 14, 1427 |
SC takes notice of convicts’ release: Misuse of parole rules
ISLAMABAD, Nov 6: The Shariat Appellate Bench of the Supreme Court on Monday took notice of release of convicts by provincial governments on parole and directed home secretaries of the four provinces to explain under what provision of the law they had been releasing convicts on parole for the past five years.
A full bench comprising Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Chaudhry Ijaz Ahmed, Justice Dr Allama Khalid Mahmud and Justice Dr Rashid Ahmed Jullundhari observe that a redundant law was being used for release of convicts, a few days after their conviction, and releases on parole were without approval from the courts.
The governments of the Punjab, Sindh, the NWFP and Balochistan have been releasing convicts under the Good Conduct Prisoners Probation Rules Act 1926 but this law had been replaced by the Probation of Offenders Ordinance 1960 which had taken away the discretion of the provincial governments to release prisoners on parole and vested this discretion in the courts.
The bench was hearing an appeal filed by Muhammad Shafi who had been convicted to a seven-year term with a fine of Rs10,000 under the Hudood Ordinance 1979 by the district and sessions judge D I Khan for possessing five kilograms of opium and arms.
His sentence was upheld by the Federal Shariat Court and he preferred second appeal before the Shariat Appellate Bench of the apex court.
While his appeal was pending before the Shariat Appellate Bench, he was released on parole by the NWFP government on March 30, 2004. However, on the order of the bench, he was arrested and produced by Sub Inspector Liaquat Ali of PS Muzaffarabad. The bench had directed the advocate general NWFP to explain why the appellant was released on parole when he had been convicted in an offence against the society.
In his reply, the AG NWFP stated that the appellant had been released by the competent authority under Rule 9 of the Good Conduct Prisoners Probation Release Rule 1927 on the recommendation of the superintendent jail and district authorities. The bench has called explanation from all the four provincial governments with regard to the convicts released on parole during last five years.
|
|
