ARREST AND IMPRISOMENT RULE REFORMS: CONTINUED DRACONIAN LAWS OF EXTRA JUDICAIL IMPRISONMENT AND RELAESE OF PRISONERS OF NO OR PETTY OFFENCES
From Year 1996 to 2000: – Sections 55 of CRPC delegate powers to police officer to arrest any vagabond on suspicion in view of his divinely judgment that such person is planning to commit a crime. Similarly section 109 powered magistrates to send such person extra judicially behind the bars for an unlimited period of time. In year 1996 Mr. Mansoor as Non-Official visitor noticed during his routine visits to prisons that thousands of innocent juveniles and elderly persons were detained in jails for months and years for petty offences and under sections 55/109 without being given an opportunity to appear before the court for trial or release. Mr. Mansoor gathered data of such forgotten prisoners and started his mission for their release through provincial small and higher courts but the exercise did not prove feasible since it was almost impossible to get thousands of such prisoners out of prisons where the procedure of release or bail was very complex and expensive. He sent his appeal to governor Punjab, chief minister Punjab and head of state to look into this matter in order to issue general pardon for prisoners detained under petty offences.
He successfully managed to get released 27 prisoners out of jails at his own expense through deputy commissioners and Lahore high court that took him almost two years. Meanwhile Mr. Mansoor challenged those two sectioned of CRPC before superior courts in 1996; being derogatory and in violation of Constitutional rights freedom of movement and speech. Mr. Mansoor prayed in his petition for modification of sections and curtailment of unquestionable powers of magistrate and police officer. The superior high courts of justice did not give relief to petitioner for specific pray but hypocritically threw ball in the court of concerned authorities directing them to reform the laws. The authorities instead of taking up matter to legislatures for modification; relaxed and minimized the application of Sec. 55 and 109 restricting police officers to investigate such arrestees for at least three days prior to sending them to jail. In failure of reviewing the petition in the light of constitutional article; extra judicial imprisonment is still going on in the country and draconian laws are still prevailing. Mr. Mansoor sent a reminder to governor Punjab in 2000 and the then Governor Punjab General Mohd. Safdar considered the appeal; ordering a general pardon and freed approximately 5000 such prisoners from Punjab jails whom were being detained in petty offences.
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