SC issues show cause notices to KP prisons chief, ACS over convict’s early release
The Supreme Court on Tuesday issued show cause notices to the Khyber Pakhtunkhwa inspector general of prisons and the additional chief secretary (home), directing them to appear in person on Wednesday to explain their failure to comply with the court’s orders.
A bench comprising Justice Mohammad Hashim Khan Kakar, Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim directed the two officials to explain why contempt proceedings should not be initiated against them.
The early release at the centre of the case
The court was hearing an appeal filed by convict Gul Nawab. The bench had noted that Gul Nawab was sentenced to life imprisonment but was released by the jail authorities after he had spent nine years, 11 months and 16 days behind bars.
The bench observed that, prima facie, the calculation of his imprisonment period was contrary to the applicable statutory framework, the Prison Rules and the law laid down by the court in the case of Nawaz Hussain versus the State.
In that precedent, the court had authoritatively established that life imprisonment means incarceration for the remaining natural life of the convict, and that remissions, however liberally granted, cannot reduce the substantive period of custody below 15 years of actual imprisonment.
Joint report was never filed
The bench had issued notices to the KP advocate general, the inspector general of prisons and the additional chief secretary (home), seeking a joint report with para-wise comments within a fortnight.
The report was to include complete details of the remissions granted to the convict and explain under what legal authority he had been released. The bench also asked the officials to explain why the premature release should not be declared illegal and void, and why the convict should not be sent back to custody to serve the remaining part of his sentence.
According to a show cause notice issued by an additional registrar of the Supreme Court’s Peshawar Registry, the officials were directed through a notice issued on October 16 to submit the joint report by October 20. No report was filed.
The bench observed that on October 13, the inspector general of prisons and the additional chief secretary were neither in attendance nor sent any intimation explaining their absence.
What a show cause notice means
A show cause notice in contempt proceedings requires the official to personally appear before the court and justify conduct that appears to disobey a judicial order. If the explanation is unsatisfactory, the court can formally open contempt proceedings, which carry the possibility of punishment for defying the court.
“It added that it was dismayed by the conduct of the officials, directing the issuance of show-cause notices to them for showing up today to explain why they have failed to comply with its orders and why contempt proceedings should not be initiated against them,” the court’s observation stated.
The two officials are now required to appear before the bench in person on Wednesday.
Frequently asked questions
Why did the Supreme Court summon the KP prisons officials?
The KP inspector general of prisons and the additional chief secretary (home) were summoned because they did not file a court-ordered joint report on the early release of a life convict, and did not appear or explain their absence at the hearing.
What is the rule on early release of life convicts in Pakistan?
Under the Supreme Court’s ruling in Nawaz Hussain versus the State, life imprisonment means custody for the remaining natural life of the convict. Remissions cannot reduce the substantive period of custody below 15 years of actual imprisonment.
What happens next in the case?
The two officials must appear in person on Wednesday to show cause. The court will then decide whether to initiate contempt proceedings against them and whether the convict’s premature release should be declared illegal.
