EDITORIAL: Inquiry reports in this country are usually used to get over a difficult situation and then to be consigned to cold storage. But this one can come at a cost to officials concerned.
After hearing a petition filed by the mother of an inmate, Islamabad High Court Chief Justice Athar Minallah on Monday ordered action against Punjab Inspector General of Prisons and the Superintendent of Adiala jail over human rights abuses in the prison, apparently, for allowing business as usual despite an inquiry report the Provincial Intelligence Centre had sent to the Punjab Chief Minister and IG Prisons for action.
The report spoke of rampant malpractices in exchange for bribes, citing several examples of convicted prisoners receiving VIP treatment for greasing palms, while those unable to pay were subjected to torture. During Monday’s proceedings, the National Commission of Human Rights (NCHR) also submitted its inquiry report containing statements of prisoners about torture by the jail staff.
In his short order, honourable Justice Minallah said the inquiry report confirmed that the “phenomenon of custodial torture is an established culture within the four walls of the jail” and that “prima facie, the Inspector General of Prisons, Punjab, and the Superintendent, Central Jail, Rawalpindi are either involved in the human rights violations or have been negligent in the prevention of such violations.”
A while ago, acting on a writ petition an inmate of the same jail had filed complaining of vision impairment due to mistreatment, the court had ordered formation of a commission headed by the then human rights minister, Shireen Mazari, to investigate the problem, revise prison rules and relevant laws in the light of the Constitution and international best practices. If any progress was made in that direction remains unknown; what is known is that postings in the jail are still highly sought-after for providing money-making opportunities.
Unfortunately, there is no justice for the poor and powerless members of this society. It goes without saying that none of this is peculiar to Adiala, the poor in jails all across the country are similarly afflicted.
Going by the past practice, culpable or negligent officers could be transferred to some other posting — a mere rap on the knuckles. This time, though, promises to be different.
The court has directed the federal government to seek a report regarding “criminal prosecution and disciplinary action against those involved as well as a report explaining the impunity against custodial torture”. It is also to send “forthwith” a copy of the inquiry report (NCHR’s?) to the Punjab government for taking action against public servants responsible for human rights abuses or for being negligent.
Furthermore, the NCHR is to set up a complaint cell in the jail while the government is to complete the process for establishing and notifying human rights courts under Section 21 of the Act of 2012 within 10 days. Hopefully, all these measures will be effectively implemented, putting an end to misuse of authority in our jails.
Copyright Business Recorder, 2022
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