ISLAMABAD: The Supreme Court on Thursday accepted the review petitions of mentally-ill prisoners, who are on death row, and appointed amici curea to assist the court. A five-member special bench, headed by Justice Manzoor Ahmed Malik, heard the cases of four mentally-ill prisoners on death row, Ghulam Abbas, Imdad Ali, Kanizan Bibi, and Khizer Hayat.
The petitions have been filed by the relatives and the Justice Project Pakistan against the execution of death sentence. Justice Manzoor said this was a serious matter, which could not be decided without the assistance of the experts.
The bench, therefore, ordered Additional Attorney General Sajid Illyas Bhatti and the Additional Advocate General, Punjab, Qasim Chohan, to provide the names of the psychiatrist and psychologists, so to constitute a medical board for determination the mental condition of Ghulam Abbas, who was granted a stay by the former chief justice of Pakistan Asif Saeed Khosa in May 2019, on a petition asking for a fresh medical evaluation, after it had emerged that he was being treated by strong anti-psychotic drugs by the jail authorities.
Sentenced to death in 2006, Abbas has a family history of mental illness, and has also exhibited evidence of epilepsy. The bench also appointed renowned psychiatrist and Professor Dr Mowadat Hussain Rana, and Advocate Supreme Court Haider Rasul Mirza as amicus curiae to assist the court.
The State has filed the review petition to examine the case of Ghulam Abbas, who is on death row, but is "insane".
The counsel for the heirs of Ahmed Raza contended that how come the State is aggrieved and has file review petition in this case. Justice Ijazul Ahsan said the State is aggrieved because of the treaty obligation, which it had signed in 2010.
The court has to determine three questions, whether a person is suffering from schizophrenia can be hanged; provide the guidelines, what sort of illness qualify the threshold to commute the death sentence, lastly who will determine that a person who is on death row is insane.
Imdad Ali is a former electrician who is severely mentally ill. Imdad has been diagnosed with paranoid schizophrenia, and a 2013 medical report stated him to be "insane."
The court admitted the review petition filed in October 2016 for further proceedings in the case of Imdad Ali, who suffers from paranoid schizophrenia. The review petition was filed after the SC cleared the way for Imdad's execution, stating in its judgment that schizophrenia was "not a mental illness" but a "recoverable disease". However, Imdad's third execution warrant was prevented from being issued following public outcry, a fresh petition from his lawyers, and a review filed by the government of Punjab.
Coming from an extremely impoverished family, Imdad has spent 18 years on death row, with four of them in solitary confinement. Kanizan Bibi: The larger bench acknowledged the submission of Kanizan Bibi's medical report. Kanizan has spent almost 30 years on death row.
She was diagnosed in 2000 with schizophrenia and has been under treatment at Punjab Institute of Mental Health (PIMH) and Kot Lakhpat Jail, Lahore. A recent report by the Ministry of Human Rights, "Plight of Women in Pakistan's Prisons" also mentions Kanizan as a case study.
Khizar Hayat: The court ordered the abatement of the case of Khizar Hayat, who passed away in March last year due to multiple ailments. Diagnosed with paranoid schizophrenia by jail authorities in 2008, Khizar had become severely anaemic and hypotensive.
He died at Jinnah Hospital Lahore where he was admitted after he stopped taking food and medication. The bench also stressed upon Pakistan's obligations to mentally-ill prisoners under international law and treaties.
Pakistan is a signatory to international treaties, such as the International Covenant on Civil and Political Rights, which prohibit the execution of mentally ill prisoners.
The case was last heard nearly two years ago in October 2018, when the court had ordered fresh medical examinations of Imdad and Kanizan. Once decided, it could set a precedent and have an important bearing on the fate of mentally-ill prisoners in Pakistani jails. While there are at least 600 mentally-ill prisoners, many more remain undiagnosed and untreated.
Often, the first time, a mentally-ill prisoner comes into contact with a mental health professional is in prison, when it is imperative for their illnesses to be recognised at the time of arrest and detention. The case heard is adjourned until September 21.
Copyright Business Recorder, 2020
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