ISLAMABAD:
The Supreme Court has reserved its judgment on a significant constitutional petition seeking that women convicted in narcotics cases be sent home on probation instead of being imprisoned.
A three-member bench led by Justice Muhammad Hashim Khan Kakar and comprising Justice Ishtiaq Ibrahim and Justice Salahuddin Panhwar, concluded the hearing after extensive legal and constitutional arguments.
The petition argues that, in line with constitutional requirements and principles of judicial leniency, women convicted in drug-related offences should be allowed rehabilitation through conditional release rather than incarceration. Courts already extend similar relief to juveniles and certain other offenders under existing laws.
The plea was raised in an appeal filed by a woman, Wajahat Bibi, who is serving a cumulative 18-year sentence in a Sialkot drug case involving the supply of 2kg of charas and 2kg of opium.
Counsel Shan Zeb Khan contended that under Section 9(a)(2) of the Control of Narcotic Substances Act, 1997, juveniles may be granted probation, while Section 5(2) of the Probation of Offenders Ordinance allows courts to extend probation to women offenders.
He argued that only those convicted of capital offences are excluded from such relief, whereas women sentenced from one day up to life imprisonment may legally be considered for probation. He urged the court to extend the same relief to the petitioner.
After hearing detailed arguments, the SC reserved its verdict, which is expected later this month.
Experts believe that if the court accepts the plea, it could pave the way for women convicted in various offences to be released on probation.
