The Supreme Court of Pakistan on Wednesday commuted the death sentences of three “mentally-ill” prisoners to life imprisonment, saying executing a person who doesn’t understand the rationale behind their punishment is “inhumane” and doesn’t meet the ends of justice.
The apex court announced this verdict on a point whether or not mentally ill death-row prisoners can be executed. The pleas were filed on the behalf of Kanizan Bibi, Imdad Ali and Ghulam Abbas who have spent 30, 18 and 14 years on death row, respectively, while exhibiting acute symptoms of mental illness, reported Dawn.
A five-judge bench, headed by Justice Manzoor Ahmad Malik, comprising Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah gave this verdict at SC’s Lahore registry.
In its verdict, the apex court that not every mental illness shall automatically qualify for an exemption from carrying out the capital sentence.
“This exemption will be applicable only in that case where a medical board, consisting of mental health professionals, certifies after a thorough examination and evaluation that the condemned prisoner no longer has higher mental functions to appreciate the rationale behind the sentence of death awarded to them,” the judgement stated.
“It is with the developing nature of medical science that scope of these terms may also evolve. Therefore, we are of the view that a limited definition of the terms ‘mental disorder’ or ‘mental illness’ should be avoided, and the provincial legislatures may […] consider to appropriately amend the relevant provisions of mental health laws to cater for medically recognised mental and behavioral disorders as notified by the World Health Organisation.”
The top court also barred the use of “stigmatic labels”, like “unsound mind”, “lunatic” and “insane” to refer to the prisoners who suffer from mental disorders.
“Latest legislations all over the world do not use such terms. Therefore, we consider it appropriate to direct that the terms ‘unsoundness of mind’ and ‘unsound mind’ occurring in Pakistan Penal Code, the Criminal Code of Procedure and the Prison Rules be substituted with term ‘mental disorder’ or ‘mental illness’.
“The term ‘lunatic’ wherever it occurs shall also be substituted appropriately,” the judgement stated.
