Sindh cabinet approves draft law to secure prisoners’ rights

Published January 22, 2019
Punitive Prison Act of 1894 discarded. ─ AFP/File
Punitive Prison Act of 1894 discarded. ─ AFP/File

KARACHI: Discarding the over 100-year-old punitive Prison Act of 1894, the provincial cabinet approved the Sindh Prisons and Correction Act 2019 aimed at confining all prisoners in safe custody, ensuring their fundamental rights and their rehabilitation into society as law-abiding citizens.

The cabinet also approved amendment in Section 26 of the Local Govt Act 2013, substituting ‘council’ with ‘Administrative department’.

After the amendment a mayor, deputy mayor, chairman, vice chairman or member of the council instead of forwarding his resignation to the council would send it to the local government which shall be sent to the election commission for process and notification.

The cabinet meeting, presided over by Chief Minister Syed Murad Ali Shah, here on Monday at the New Sindh Secretariat, was attended by Chief Secretary Mumtaz Ali Shah, cabinet ministers, advisers, special assistants and secretaries concerned.

Punitive Prison Act of 1894 discarded

Approving the draft of the proposed act, it also formed a three-member cabinet committee under Minister for Prisons Syed Nasir Shah, Energy Minister Imtiaz Shaikh and the law adviser to give final touch-ups to the draft and send it to the assembly within seven days.

Purpose of the prison system

The chief minister, highlighting the need for substituting the punitive Prison Act 1894, said the purpose of the prison system was to contribute to the maintenance and protection of a just, peaceful and safe society by enforcing sentences given by courts, confining all prisoners in safe custody while ensuring their fundamental rights enshrined in the Constitution and assisting the rehabilitation of prisoners and their reintegration into society through the provision of a reformation programme.

Home Secretary Kazi Kabir said the 1894 Prisons Act was primarily punitive in nature and it lacked reformation, clarity on policy and management and also lacked focus on development of prison human resources.

Prisons Minister Syed Nasir Shah, spelling out the salient features of the draft act, said it had 14 chapters and 84 sections in which the purpose of the prison system, basic principles and definitions had been given. The act includes provision of well-being, minimum one visit for one hour per month, education, vocational training, health facilities and social and psychological services, provisions of a board of visitors, prisoners oversight committee visits, inspections, testing of food and inquiries into complaints.

Other decisions

The other decisions taken in the meeting included the introduction of the draft law The Sindh Evacuee Trust Properties [ETP] (Management & Disposal) Act 2019, which was necessary to manage the ETP by the provincial government after its omission from the concurrent legislative list by the 18th Amendment.

The cabinet approved the draft law and formed a committee under provincial minister Hari Ram with Education Minister Syed Sardar Shah and Special Assistant to the CM Dr Khatumal as its members. The committee will improve the draft law and refer it to the assembly.

The cabinet also approved an extension of the lien period on Pakistan Investment Bonds (PIBs) of Rs6 billion to the Sindh Nooriabad Power (SNPCL) Project up to June 30, 2020. The Sindh government launched the SNPCL, a 100-megawatt gas-based power generation project on the public-private partnership mode of which it owns 49 per cent shares while the private partner owns 51pc. The cabinet approved the extension.

On the request of the cooperative department, the meeting allowed the fisheries and livestock minister to replace four of eight members from the Fishermen Cooperative Society as the finance secretary, law secretary, fisheries department and cooperative department secretary mostly do not attend the FCS board meetings.

The cabinet authorised CM’s Adviser on Information Murtaza Wahab to nominate three members from the public as per the Pemra criteria as was requested by Pemra.

The cabinet authorised a minor amendment in The Sindh Technical Education & Vocational Training Authority Act 2009 by which the minister for the Sindh Technical Education and Vocational Training Authority (Stevta)/adviser/special assistant or any person could be nominated by the chief minister as Stevta chairman.

The labour department presented details of the Occupational Safety and Health Council, Sindh.

Labour Secretary Rasheed Solangi gave a presentation to the cabinet but the cabinet, due to some technical issues in the proposed council, deferred it and directed the department to present it in the next meeting.

The chief minister directed the university and boards secretary to resolve the registration issue of the Khairpur Medical College with the PMDC within the next 15 days and report it to him. He also directed the secretary to put up a summary for the resolution of other issues of the college.

The chief minister directed Chief Secretary Mumtaz Shah to ensure framing of rules of all the draft acts approved by the cabinet within the next 15 days.

Published in Dawn, January 22nd, 2019

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