ISLAMABAD, Dec 14: The Supreme Court on Thursday directed the federal government to set up funds within three weeks for payment of blood money and compensation for injuries on behalf of insolvent convicts suffering imprisonment for non-payment.
Led by Chief Justice Iftikhar Mohammad Chaudhry, a five-member larger bench also declared sections 331, 337-X and 337-Y of the Pakistan Penal Code as against the Constitution. These sections barred the release of convicts even after the completion of the sentence if he or she fails to pay to victim families Diyat (blood money), Arsh (compensation for hurting human organ) and Daman (compensation determined by the trial court).
Over 500 convicts are languishing in different jails in the country even after completing their prison terms because they are unable to pay compensation to legal heirs of the deceased due to their weak financial positions.
On a directive of the Shariat Appellate Bench of the Supreme Court, the federal government had promulgated the Criminal Law (second amendment) Ordinance in 1990 by inserting new provisions in the PPC in the light of Islamic injections in Diyat, Arsh and Daman for monetary compensation to victim families.However, the ministry of law failed to frame necessary mechanism for enforcing the new laws despite the lapse of 16 years, thus leaving legal lacunae as to who should pay Diyat to aggrieved families on behalf of destitute convicts.
On Thursday, Justice Javed Iqbal, a member of the bench, also observed that the government had hurriedly made the laws after soliciting opinion from the Council of Islamic Ideology which, instead of studying the Islamic provisions in detail, gave general observations by declaring a Lahore High Court judgment as against the Shariah. The LHC had also struck down the sections of the PPC.
With the announcement, a set of six different appeals stands dispose of, including the Punjab government’s challenge to the LHC judgment.
The Supreme Court also directed the government to explore possibilities while framing rules to advance soft loans to convicts out of the specially-created funds to satisfy the claim of legal heirs of the deceased or victims.
Possibilities should also be examined to provide jobs to convicts, other than government departments, by involving social organisations and philanthropists so that the convicts could be in a position to pay the compensation money, the order said.
The judgment also asked the government to provide a provision in the law empowering the trial court to examine release of prisoners on parole in appropriate cases, who after having served out the substantive sentence of imprisonment are still confined in jails due to non-payment of Diyat, Arsh or Daman.
The court also ordered the government to immediately release convicts, subject to furnishing securities to the satisfaction of the district and sessions judge for a period of three years, who are under custody for offences entailing punishment for non-payment of Diyat and Arsh only. This will enable convicts to make payment of Diyat and Arsh from their own resources or taking loans from the funds created by the government.
The federal government has also been obligated to protect rights of heirs of the deceased and injured for the purpose of Diyat, Arsh or Daman by evolving a mechanism in the rules.
The government will also examine the law whether the period of three years for payment of blood money or compensation in instalments under sections 331, 337-X and 337-Y of the PPC can be enlarged up to seven years.
Besides the chief justice, the bench comprised Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad.
