Fairer sentencing
Wednesday, June 3, 2009
The News International, Pakistan
Wednesday, June 03, 2009
Hearing a case in which a man accused of murder had been sentenced to a jail term that would run to 60 years, the Supreme Court has ruled that the maximum sentence of 25 years must not be violated. In this context it has ruled that sentences must be counted from the day of arrest, not the day of conviction. The upholding of Article 382B of the Criminal Procedure Code by the court has immense relevance. Over 10,000 prisoners across the country are expected to benefit. Instructions have already been given to officials to ensure that this happens. The reality is that due to long delays in court hearings, a large number of convicts have already served many years – sometimes even a decade – in jail before a verdict is delivered in their case. The SC ruling will play a big part in changing this. As a measure that goes to better the condition of prisoners it is welcome. The injustices inherent in the existing system do nothing to tackle crime but only inflict immense suffering on tens of thousands. Even those guilty of crime deserve humane treatment. The justice system must aim at reform and not just retribution.
There are, though, other aspects stemming from the same issue which need to be taken note of. One is the fact that the huge number of 'under-trial' prisoners includes many who will eventually be found 'not guilty'. Yet, like those eventually convicted, many among these end up spending years behind bars. Apart from those who are not guilty of any offence, are the petty thieves, the pick-pockets and others guilty of minor misdemeanours. Their detention, in most cases alongside hardened veterans of crime, goes beyond the issue of injustice. It is dangerous because it puts these people at risk of being drawn into the dark underworld of crime, especially the young and most vulnerable who have the least ability to resist. Drug addiction, sodomy and other vices are additional hazards of prison life. The apex court has demonstrated it is alive to the issues facing the legal system and to the rights of prisoners. Its' most recent measure deserves applause. By acting to offer relief to under-trail prisoners it would do still more in the cause of justice, also reducing the prison population which has grown to place immense strains on facilities intended to house a far smaller number.
Source
Wednesday, June 03, 2009
Hearing a case in which a man accused of murder had been sentenced to a jail term that would run to 60 years, the Supreme Court has ruled that the maximum sentence of 25 years must not be violated. In this context it has ruled that sentences must be counted from the day of arrest, not the day of conviction. The upholding of Article 382B of the Criminal Procedure Code by the court has immense relevance. Over 10,000 prisoners across the country are expected to benefit. Instructions have already been given to officials to ensure that this happens. The reality is that due to long delays in court hearings, a large number of convicts have already served many years – sometimes even a decade – in jail before a verdict is delivered in their case. The SC ruling will play a big part in changing this. As a measure that goes to better the condition of prisoners it is welcome. The injustices inherent in the existing system do nothing to tackle crime but only inflict immense suffering on tens of thousands. Even those guilty of crime deserve humane treatment. The justice system must aim at reform and not just retribution.
There are, though, other aspects stemming from the same issue which need to be taken note of. One is the fact that the huge number of 'under-trial' prisoners includes many who will eventually be found 'not guilty'. Yet, like those eventually convicted, many among these end up spending years behind bars. Apart from those who are not guilty of any offence, are the petty thieves, the pick-pockets and others guilty of minor misdemeanours. Their detention, in most cases alongside hardened veterans of crime, goes beyond the issue of injustice. It is dangerous because it puts these people at risk of being drawn into the dark underworld of crime, especially the young and most vulnerable who have the least ability to resist. Drug addiction, sodomy and other vices are additional hazards of prison life. The apex court has demonstrated it is alive to the issues facing the legal system and to the rights of prisoners. Its' most recent measure deserves applause. By acting to offer relief to under-trail prisoners it would do still more in the cause of justice, also reducing the prison population which has grown to place immense strains on facilities intended to house a far smaller number.
Source
Labels: Judiciary, Justice, Supreme Court of Pakistan
posted @ 11:01 AM,
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