Staff reporter :
Regular use of Probation of Offenders Ordinance that allows a convicted person to stay with his family rather than jail can reduce the pressure of prisons across the country. But it is rarely used in our country.
Former Chief Justice Syed Mahmud Hossain on February 12 in 2019 directed the judges to apply the Probation of Offenders Ordinance 1960, to reduce the pressure on prison. But the application of that instruction is hardly seen.
Additional Attorney General SM Munir said, “The courts can implement the act under its special jurisdiction, but of course in the case of minor offences. Accused of the serious offences should not be brought under the act.”
Senior Advocate Khusrhid Alam Khan said, “Although in short range, its use is now seen. This is very positive. This will give the offenders an opportunity to correct themselves staying with the family. The pressure on the prison will also be reduced.”
Probation is an arrangement of allowing a convicted person to stay with his family under the supervision of a Probation Officer without sending him to jail.
Initially, Probation orders were passed under Section 562 of the Code of Criminal Procedure (CrPC).
It was applicable for any convict who has been given imprisonment for the first time for a term not exceeding two years for any offence, including theft, as described in the Penal Code.
In continuation of this, the current Probation of Offenders Ordinance, 1960 was enacted during the Pakistan period. A rule was also enacted in 1971.
According to the Section 5 of the Act, any female person is convicted of any offence other than an offence punishable with death can get probation. On the other hand the court can grant probation to any male convict for any offence other than the offences punishable with death, life imprisonment and some others convictions.
The High Court on November 8 in 2020 delivered a landmark verdict allowing a convicted person, Moti Matbor, to stay with his family on probation though the court upheld five years’ jail sentence awarded him in a drug case.
He will have to fulfill some conditions during his probation period of one and half year next under a Probation Officer, said the High Court.
As per the conditions, Moti Matbor will have to take care of his 75 year-old mother sincerely, he will give continuous support for the study of his 10th grader daughter and 2nd grader son and he will not arrange marriage of her daughter before due age.
The High Court bench of Justice Zafar Ahmed delivered the verdict after holding hearing on a petition filed seeking probation instead of serving jail in the case.
The court, however, rejected his revision petition filed challenging the trial court verdict that sentenced him five years’ imprisonment in a drug case.
According to the Probation of Offenders Ordinance of 1960, this is the second verdict, said the lawyers who appeared for the convicted person.
Different studies have shown that the number of imprisoned convicts far exceeds the capacity of prisons in the country. According to a 2020 report, the total number of prisons in the country is 68, with a capacity of 41,000. However, the number of prisoners was about 80 thousand till then. This problem of the prisons can be easily solved with regular use of probation law.
Apart from this, proceedings of many of the cases are also carried out up to the Appellate Division for which it takes a long time to settle a case. Implementation of the Probation act may also eased this problem.
