Court seeks report on remissions given to non-Muslim inmates

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LAHORE: The Lahore High Court on Monday sought a report from the Punjab government about remissions given to non-Muslim prisoners in sentences on the basis of completing education and on memorising holy books of their respective religions.

Kashif Masih, a resident of Lahore, filed a petition for the grant of remissions to the prisoners of other religions as being granted to Muslims under rule 215 of the Pakistan Prisons Rules 1978.

Petitioner’s counsel Shahbaz Akmal Jandran argued before the court that the Constitution of Pakistan protected rights of every citizen irrespective of caste, creed and religion.

He pointed out that the rule 215 of the prisons rules provided remission under the category of education for those convicted Muslim prisoners who complete reading of the Holy Quran. However, he said, the convicts belonging to minority communities were not given such remissions in violation of their constitutional right.

Petitioner seeks relief for minorities as well

The counsel also produced before the court official data of the minority prisoners languishing in all 34 jails of the province. He said the statistics of the prison department showed that a total of 1,188 minority prisoners including Christian, Hindu and Sikh were imprisoned in the jails and none of them had been granted education remission in their sentences. The data of the minority prisoners further revealed that prisoners include 829 under-trial prisoners, 320 convicts and 39 condemned prisoners.

The condemned prisoners include one Christian woman imprisoned in the women jail of Multan.

The counsel argued that the act of the government authorities of not granting education remission to the minority prisoners was in violation of articles 9, 14, 20, 22, 25 and 26 of the Constitution.

He argued that every citizen must be treated equally and dignity of human life should be maintained as guaranteed in the Constitution of the country.

He asked the court to order the respondents to ensure implementation of the constitutional rights of the minority prisoners and to grant them education remissions as provided in the prisons rules.

Justice Rasaal Hassan Syed directed a provincial law officer to submit replies on behalf of the government and its departments by May 18.

The provincial secretary for law, secretary human rights & minorities affairs, minister for prisons and inspector general of prisons have been arrayed as respondents in the petition.

Published in Dawn, March 8th, 2022

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