ISLAMABAD: The Supreme Court of Pakistan on Monday sought the names of psychiatrists and doctors from the Punjab government to constitute a medical Board to examine the schizophrenic convict Imdad Ali. The review petitioner Safia Bano, wife of convict, had requested the top court for constitution of Medical Board to examine the mental health of schizophrenic convict.
“We are inclined to consider such a request, but for this purpose we need to have names of some independent, psychiatrist and other specialized doctors of integrity, in this field,” the top court said.
“The learned Advocate General Punjab is therefore directed to submit a list of such doctors so that a proper medical board is constituted for this purpose,” the top court further ruled. The top court further directed the law officer representing the Superintendent Jail to produce history-tickets of Imdad Ali after his conviction and as an under-trial prisoner.
Earlier, the top court had stayed the execution of Imdad Ali after convict’s wife Safia Bano filed a review petition against the top court’s earlier judgment. “Schizophrenia is not a permanent mental disorder; rather it is an imbalance which can increase or decrease depending on the level of stress,” the top court observed in its detailed judgment while upholding the verdict of Lahore High court Multan Bench.
The top court had further ruled that rules relating to mental illness are not sufficient to delay a death sentence awarded to a convict. Safia Bano in her review petition stated that the top court had relied upon the Indian’s court judgment, which was not applicable in Imdad’s case, adding that Indian courts sought to address as to whether a convict was suffering from any mental disorder.
“But in this matter, the question is whether or not schizophrenia falls within the definition of ‘mental disorder,” review petition stated. The petitioner further stated that schizophrenia is known to be the result of structural and biochemical changes in the brain and it is classified as a chronic and permanent mental disorder.
During the course of hearing of instant petition on Monday, Chief Justice Anwar Zaheer Jamali heading a three judge bench observed that the record shows that the convicted had replied accurately to questions of the trial court judge. Advocate General Punjab Shakeelur Rehman argued that the case has not been constitutionally treated. The Chief Justice expressed displeasure and asked the provincial law officer as to whether the top court should start fresh litigation with the observations that judges in trial court and superior courts were incompetent to hear the cases in accordance with the law.
While observing that manipulation of papers in this country was easy, the top court made it clear that the only convincing documents would be acceptable in the instant matter. The top court will resume the hearing of death row schizophrenic prisoner on November 16.
