October 23, 2017: CODE PAKISTAN held a round of consultations with over 20 lawyers of the Islamabad Bar Council today. The consultations with Islamabad Bar were held with an aim to get the lawyers’ perspective on the high number of under-trial prisoners and how to address overcrowding in prisons with special reference to high pre-conviction detention. The consultations were part of the nation-wide study being conducted by CODE PAKISTAN to identify the causes and consequences of high numbers of under-trial prisoners (UTPs) leading to overcrowding in Pakistan’s prisons and coming up with a thorough assessment of the criminal justice system with regard to delays in the processing and adjudication of cases. CODE PAKISTAN is conducting the said study on the formal request of the National Counter Terrorism Authority (NACTA), which is mandated to implement the National Action Plan (NAP), unanimously agreed upon by the political leadership of the country in December 2014. Revamping of the criminal justice system is the 20th point of NAP. CODE PAKISTAN’s study will be dovetailed to NACTA’s efforts in conducting research on Point 20 of NAP mentioned above.
At the start of the consultation with Islamabad Bar, President CODE PAKISTAN, Mr. Dilawar Khan, gave a presentation about the issue of overcrowding in Pakistan’s prisons, the incidence of pre-conviction detention, and the study on addressing overcrowding in Pakistan’s prisons with special reference to high pre-conviction detention. Barristers Shoaib Razaa and Sher Afzal Khan and Mr. Liaqat Banori, Mr. Shafqat Abbasi of the Islamabad Bar Council alluded toward the lacunae in the criminal justice system leading to high pre-conviction detention, including high incidence of arrest and denial of bail. Mr. Dilawar Khan called for a need for combining the efforts of the executive, legislature, judiciary, and the lawyers, for alleviating the plight of the UTPs. Mr. Syed Muhammad Tayyab pointed toward the high rate of frivolous litigation in courts, while Mr. Khawaja Shahid Rasool Siddiqui called for the need for strict implementation of the existing laws. The District Legal Empowerment Committees and the plight of the detainees also came under discussion during the consultations. Mr. Liaqat Binori shared that a lawyer by the name Rida Qazi in Lahore had filed several petitions in courts for improvement of prisons as per the applicable laws and that the situation in prisons was improving as several prisons across Punjab had been refurbished as a result of her petitions. He urged the lawyers to file more such petitions in courts to challenge the circumstances in which prisoners are kept in several prisons. Mr. Fiaz Ahmad Jandran called for learning from Islamic teachings on the treatment of prisoners. Other participants of the consultations were Mr. Aarish U. Khan, Executive Director CODE PAKISTAN; Ms. Saba Imran, Director Programs, CODE PAKISTAN; Ms. Sana Taha, Research Assistant, CODE PAKISTAN; Mr. Haroon ur Rashid, Vice Chairman, Islamabad Bar Council; Mr. Tariq Mehmood Jahangiri, Advocate Supreme Court; Ms. Hafsa Khan Marwat, Advocate District Court; Mr. Saad Hasan, Advocate High Court; Mr. Sheikh Khizar ur Rashid, Advocate High Court; Mr. Muhammad Hassan Khan, Advocate District Court; Mr. Shehryar Khan, Advocate District Court; Ms. Tauseef Fatima Gilani, Advocate High Court; Ms. Maryam Nawaz, Advocate District and Sessions Court; Mr. Sheikh Amer Sohail Anjum, Advocate High Court, Sr. Lecturer in Law Department at Bahria University; Mr. Qaiser Imam, Lawyer; Mr. Syed Bilawal Kamal, Lawyer; Mr. Sardar Raees Ahmad, Advocate; Mr. Malik Abdur Rehman, Advocate; Mr. Muhammad Ali, Advocate; Mr. Muhammad Waleed, Student, Department of Law (BUIC); and Mr. Farhan Yousaf, Student Bahria University.