PESHAWAR: The Peshawar High Court (PHC) on Saturday ordered the Khyber Pakhtunkhwa government to conduct an inquiry into the case of a 62-yer-old resident of Kurram district who remained imprisoned for over 11 years after completing his sentence.
Terming the incident a serious violation of constitutional rights, PHC Chief Justice SM Attique Shah issued the directive in a written order after hearing a petition concerning the prolonged incarceration of Amin Hussain.
In its ruling, the court observed that keeping a prisoner confined for years after the completion of his sentence and depriving him of access to justice constituted a grave violation of the fundamental rights guaranteed under Articles 4, 9, and 10-A of the Constitution.
The court directed the Khyber Pakhtunkhwa chief secretary to appoint a Grade-20 senior officer to conduct a comprehensive inquiry into the matter. The inquiry would identify all officials whose negligence or failure to act prevented the prisoner’s transfer from Karachi to Khyber Pakhtunkhwa between 2016 and 2026.
According to the court order, the provincial government must appoint the inquiry officer within 14 days and submit a detailed report to the court within one month.
The inquiry would also examine why the inter-provincial prisoner transfer system failed and recommend reforms to prevent similar incidents in the future.
During the proceedings, the court was informed that Amin Hussain was arrested in 2014 in a narcotics case and completed his sentence in 2016. However, he was not released because he was also wanted in a murder case registered in Kurram district.
The court noted that between 2017 and 2024, officials at Karachi Central Prison repeatedly wrote to the relevant authorities seeking the prisoner’s transfer to Khyber Pakhtunkhwa. Despite these communications, no effective action was taken, resulting in Amin Hussain remaining incarcerated in Karachi for an additional 11 years.
In its judgment, the court termed the incident as one of the worst examples of administrative paralysis, stating that unlawfully depriving a citizen of liberty for such an extended period was contrary to the spirit of the Constitution and principles of justice.
The court further directed the PHC registrar to send copies of the order to the chief secretary and secretary Home of Khyber Pakhtunkhwa to ensure immediate compliance with the court’s directives.
