PESHAWAR, Oct 28: A number of juvenile offenders are languishing here in Central Prison as the prosecutors have not yet withdrawn their prosecution despite issuance of a government’s notification.
In one of the cases, an alleged offender of 14 has completed more than two years in prison, but despite that the public prosecutor has not withdrawn his prosecution.
Three months back, the NWFP law department had issued a notification through which the Advocate General, NWFP and public prosecutors were asked to withdraw prosecution of juvenile offenders if they fulfil certain conditions.
The notification, bearing number SLT II(5)95/2713-36, was issued on July 18 by a section officer of law department, asking the Advocate General and public prosecutors working in the NWFP to withdraw from prosecution of those juvenile prisoners who are:
—below 18 years of age;
—in jail for over 18 months; and,
—in whose cases the court proceedings has yet not started.
The notification stated that these provisions would not be applicable to those juvenile prisoners who were involved in serious offences — murder, terrorist activity or anti- state activity.
One of the offenders, Zairmal son of Khairullah was arrested on Aug 21, 1999, by the officials of Hasthnagri police station. The accused, 14, was a water-seller on the bus stand. The police claimed that he was carrying a carton from which they recovered 11 kilograms of charas.
The police claimed that his age was 15 years at the time of occurrence, however, his medical examination report stated that he was about 13/14. He claimed that he was asked by a person to carry the carton to the nearby bus stand.
It is learnt that he has now sent an application to the law department through his counsel, stating that under the notification, he was entitled to be released, but the prosecutor had not been withdrawing the prosecution.
Another accused, Rasool Deen, was arrested by the Anti-Narcotics Force and 7kg of charas was allegedly recovered from his possession. He is about 14-year-old.
