LAHORE, May 27: Two hundred and nine convicts are languishing in jails after serving out their sentences and a lawyer argued on Monday that the State was responsible to pay up the blood money or fines owed by them.

An amount of Rs30.63 million is to be paid by 145 inmates of 30 jails in the province on account of Diyat or blood money as compensation to the heirs of murder victims while 64 prisoners remain deprived of their liberty because of their failure or inability to pay Rs2.34 million in fines. The question of their indefinite imprisonment has been agitated by petitioner-lawyer M.D. Tahir, who says that outstanding amounts should be paid from Baitul Maal and Zakat funds.

Justice Asif Saeed Khan Khosa, who is hearing the petition, has appointed four lawyers as amici curiae to answer the questions whether a person can be imprisoned longer than the period prescribed by the law? Whether such a person is to be punished for his poverty, besides the offence committed by him? Whether there is any provision for payment from any fund for obtaining his release? Whether a law that provides for indefinite jail is in consonance with the Islamic dispensation of justice? And whether the Zakat or Baitul Maal funds could be utilized for securing release of a convict?

Deputy Attorney-General Khwaja Saeeduz Zafar submitted detailed information on the number and particulars of convicts serving extended jail terms in the province. According to one statement, over Rs3,200 are spent daily on feeding the overstaying prisoners at the rate of Rs16.03 per prisoner. The amount spent on the food of an under-trial prisoner is Rs14.93 daily.

Another statement said 51,492 prisoners are detained in 30 jails against an authorized accommodation of 17,637. Most of the inmates —- 35,199 —- are under-trial prisoners. Only 10,249 are convicts while 4,806 are waiting on death row. The total number of women prisoners is 1,041 of whom 332 are lodged in the only women’s jail in Multan, which has a capacity of 104.

Advocate Shabbar Raza Rizvi, amicus curiae, spoke at length to emphasise the importance of the principles of policy enshrined in the Constitution and the role of an Islamic welfare state envisaged by them. He said the State was bound to ensure the well-being of citizens under the law.

In the earlier Islamic society, the lawyer said, Diyat or blood money was paid by the tribes offenders belonged to. The tribe has now been replaced by the State. Funds from Baitul Maal could be used to secure liberty of convicted citizens, he added.