Pre-trial Detention of an Accused & its Compensation under Islamic and Pakistani Law

Pre-trial detention poses one of the major questions for any justice system in the contemporary world. A sizable number of accused persons undergo pre-trial detentions across the world. In Pakistan, overwhelming majority of detainees, according to some reports, consists of those who are waiting for their trial to conclude.

Pre-trial detention poses one of the major questions for any justice system in the contemporary world. A sizable number of accused persons undergo pre-trial detentions across the world. In Pakistan, overwhelming majority of detainees, according to some reports, consists of those who are waiting for their trial to conclude.

The subject was deliberated upon in an in-house consultative session on ‘Pre-trial Detention of an Accused & its Compensation under Islamic and Pakistani Law’ at IPS on July 2, 2015. The session, chaired by DG-IPS Khalid Rahman, was attended by Institute’s research team and a select group of law professionals, whereas the presentation on the subject was made by IPS’ assistant research coordinator Taqueer Hussain.

Tauqeer, whose presentation was a part of his on-going study on the topic, looked at the situation from human-rights perspective, stressed that a person who is found ‘not guilty’ at the conclusion of his trial should be compensated for pre-trial detention and the agony through which he and his family had to go through. He said that this need is being realized, and even implemented, in some countries while the concept was evolving rapidly in many others.

The presenter related the emerging global scenario with the prevailing situation in Pakistan where despite ensuring several rights and safeguards for the pre-trial detainees, the country’s law lacked any mechanisms for compensating innocent detainees. The compensation laws in the country, he pointed, existed for the convicted individuals whose pre-trial detention periods were adjusted in their total period of imprisonment, but any remedy for the innocent, non-convicted individuals was not provided anywhere.

The speaker also looked at the subject from Islamic perspective, stressing that the Islamic laws too desired compensation of innocent individuals.

Tauqeer’s presentation was followed by an inightful discussion in which the panelists underscored that the immunity enjoyed by various players and stakeholders of justice system needs to be balanced with accountability to ensure efficient prosecutions and effective dispensation of justice.