KARACHI: The Sindh government has started a process to release some male and female convicts who have crossed 65 and 60, respectively, while serving half of their sentences in prison, it emerged on Sunday.

The government is also going to release those convicts suffering from life-threatening diseases and need immediate treatment under a newly implemented prison law.

The fresh move came after over a century-old Prison Act of 1894 was discarded in June 2019 when the provincial cabinet had approved the new law — the Sindh Prisons and Correction Act 2019 — that aimed at confining all prisoners in safe custody, ensuring their fundamental rights and rehabilitation into society as law-abiding citizens.

“There was an immense need to replace the punitive 1894 law and the prison system with the one which could contribute to 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,” said a source citing reason behind the new law.

A list of 40 male and female prisoners has been prepared for their release

“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. The Sindh Prisons and Correction Services Act 2019 has 14 chapters and 84 sections in which the purpose of the prison system, basic principles and definitions have been defined. 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.”

Under the same Act, he said, the provincial government had initiated the process to release those aged convicts who had spent half of their terms and those who were badly ill but were not convicted for any heinous crime or terrorism.

The provincial government had recently moved the case of more than half-a-dozen inmates who were found badly ill and needed immediate treatment. They were expected to be released from prisons within next few weeks, he added.

“Similarly, a first list of 40 prisoners or so has been prepared by the authorities which include those female convicts who have reached the age of 60-years and those male inmates who have turned 65 in different prisons of the province and all of them have completed half of their terms. The documentary process for their release has already been initiated which would lead to their freedom.”

He said that the new law was a part of the Sindh government’s reform programme for prisons. It was a welcome move by the provincial government, as in Pakistan an overwhelming majority of the prison population was either anticipating or in the midst of a trial, he added.

According to a rough estimate, the capacity of the Karachi central prison was 2,400 but the inmate population last year stood at 4,846. He said Section 48 — “Discharge or Release” — and Section 49 — “Early Discharge” — of the new law in fact addressed the same issues.

Section 48 reads: “(1) A Prisoner shall be discharged at the time determined by the “Officer In-charge or Inspector General on the day when the Prisoner’s sentence expires or otherwise terminates by the order of the Court or Competent Authority as prescribed by the Rules. (2) A Prisoner who is due for release but is still under treatment by the Medical Officer shall be discharged from Prison to a medical facility outside the Prison as may be prescribed. (3) The Inspector General may by regulations devise a mechanism to facilitate under treatment. Prisoner to transfer the Prisoner to a medical facility outside the Prison.”

Section 49 says: “(1) Subject to the provisions of this Act and Rules, the Officer In charge shall cause to release a Sentenced Prisoner prematurely under certain conditions where the Competent Authority so approves in case: (a) it is found that any Prisoner is incapacitated; (b) it is found that any Prisoner is suffering from an incurable disease ; and (c) any female prisoner where she attains the age of (60) sixty and any male prisoner who attains the age of (65) sixty five or is found to be infirm; or if she/he has served/completed “1/2” portion of their sentence with demonstrated capability of reform, as the case may be; (d) Children and women shall be released, if they are not dangerous for the peace of the society and not involved in any heinous crime or act of terrorism, as may be prescribed.

“(2) A subsistence allowance, as far as practicable, will be paid to the families of the prisoners whose only bread-earner is in Prison and they have no other source of income, for this purpose and endowment fund will be established, as prescribed,” it added.

Published in Dawn, December 30th, 2019