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