Trial and error

Published November 19, 2025

PAKISTAN’s jails are bursting at the seams with undertrial prisoners who endure horrific living conditions on the premises. Many spend years behind bars — far longer than the maximum sentence for their crime. Some, convicted by lower courts, are later acquitted by the higher judiciary. In this context, last month the Supreme Court overturned the convictions of two brothers, who had earlier been found guilty of carrying out the 2005 PIDC bomb attack in Karachi. In its detailed judgement issued last week, the court advised the federal and provincial governments to enact laws for the compensation and rehabilitation of “victims of miscarriage of justice” and to hold public officials accountable for dereliction of duty. The ruling exposes a deeply flawed parole and probation process due to a legal system that functions for the privileged not the poor. Courts should focus on setting time limits for both police investigations and the conclusion of trials. A report by NCHR, National Academy for Prisons Administration and Justice Project Pakistan testifies to the staggering jail rush: spaces for under 66,000 are crammed with over 102,000 inmates; three-quarters are under trial.

Society forgets that an undertrial prisoner is a detainee not yet convicted. The Supreme Court’s newly pruned status should give Chief Justice Yahya Afridi more time to focus on the undertrial population, better legislative provisions and implementation of judgements on rights such as bail and legal aid for the poor. Scores could have been acquitted or granted suspended sentences had trials been speedy. A streamlined judicial process offers relief, whereas prolonged incarceration can turn first-time offenders into hardened criminals. Jail reform must then be a priority. Besides vocational training and education for inmates, the authorities can look into options like electronic devices to keep track of undertrial prisoners, thus easing jail congestion. Lastly, compensation should be given to the acquitted — a small price for the loss of precious years of freedom.

Published in Dawn, November 19th, 2025

Opinion

Editorial

Khamenei’s killing
Updated 02 Mar, 2026

Khamenei’s killing

THERE is no question about it: with the brutal assassination of Iran’s Supreme Leader Ayatollah Ali Khamenei and...
NFC reform
02 Mar, 2026

NFC reform

PLANNING Minister Ahsan Iqbal’s call for forward-looking reforms in the NFC Award has reopened an important debate...
Migrant crisis
02 Mar, 2026

Migrant crisis

MIGRANT casualties represent the lifelong pain of families left behind. Yet countries do little to preserve ...
A new war
Updated 01 Mar, 2026

A new war

UNLESS there is an immediate diplomatic breakthrough, the joint Israeli-American aggression against Iran launched on...
Breaking the cycle
01 Mar, 2026

Breaking the cycle

THE confrontation between Pakistan and Afghanistan has taken a dangerous turn. Attacks, retaliatory strikes and the...
Anonymous collections
01 Mar, 2026

Anonymous collections

THE widespread emergence of ‘nameless donation boxes’ soliciting charity in cities and towns across Punjab...