KARACHI: The Sindh High Court on Tuesday directed the federal authorities to make necessary amendments to the Diyat, Arsh and Daman Fund Rules 2007 within a month.

While hearing a petition about the convicts and prisoners confined 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 asked the provincial authorities concerned to take steps for the release of 35 prisoners, who were still confined in various jails of the province for non-payment of compensation, and sought report within two weeks.

Earlier, the provincial home department through a report informed the SHC that there were 35 convicts still confined in various jails of the province for non-payment of compensation.

An official of the home department informed the bench that the provincial government was paying the compensation amounts on behalf of the convicts who were 60 years old or above.

The chief justice observed then that a prisoner had to remain in prison for almost his entire life and directed the government to make effective steps for the underprivileged convicts who were still in detention over non-payment of compensation.

An official of the federal human rights ministry assured the bench that amendments, including removal of 60-year-age bar, would be made within a month while the provincial authorities said that a summary would be sent to the competent authority for approval to pay compensation in order to secure the release of 35 convicts.

Advocate Shahab Usto had petitioned the SHC and submitted that the underprivileged convicts had been languishing in different prisons of Sindh just for non-payment of arsh, diyat and daman as they had completed their respective 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 Fund 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 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 amount, adding that the SBP was obliged to issue instructions to the 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.

Moreover, after the amendment to rules in 2011, he ar­gu­ed that 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, the respondents had virtually done nothing to come to the rescue of the needy convicts languishing in jail only for want of compensation amount.

Published in Dawn, March 20th, 2019