A special court in Islamabad has determined the sentences applicable under Pakistani law for 56 Pakistani prisoners repatriated from Sri Lanka, a move that could lead to the release of a majority once administrative processes are completed. Judge Raja Jawad Abbas Hassan of the Special Court (Control of Narcotic Substances) calculated the sentence for each prisoner under Pakistani law, enabling the Ministry of Interior to identify those whose Sri Lankan sentences are incompatible with Pakistan's legal framework and issue executive orders for their release.
Court Order and Legal Framework
The order, issued on June 24, was passed in litigation concerning the implementation of the Transfer of Offenders Ordinance, 2002, and the Agreement on the Transfer of Offenders between Pakistan and Sri Lanka. According to sources, the court's calculations indicate that a majority of the repatriated prisoners are expected to qualify for immediate release. However, they remain in custody while the Ministry of Interior completes the required administrative formalities.
Background of the Prisoners
Counsel for the petitioners, Sulman Zeb, said the prisoners were repatriated to Pakistan in October 2024 after serving varying periods of imprisonment in Sri Lanka. Despite their return, they remained in legal limbo for several months because no mechanism had been initiated to determine the sentences applicable to them under Pakistani law, as required under the Transfer of Offenders Ordinance, 2002.
Vulnerable Prisoners Highlighted
Namra Gilani, leading the legal team at Justice Project Pakistan (JPP), said the petitioners include some of the most vulnerable Pakistani nationals repatriated from abroad. She said the court's order represents a significant step towards ensuring that transferred prisoners receive the legal protections guaranteed under Pakistani law. "Most come from economically disadvantaged backgrounds and spent years in prisons far from their families before being transferred back to Pakistan. Among them is a woman in her late sixties suffering from multiple health conditions, whose continued detention has significantly affected her well-being. Another petitioner tragically passed away last year while awaiting adjustment of his sentence, never living to benefit from the protections afforded under Pakistan's prisoner transfer framework," she added.
Broader Implications
Namra further stated that the judgment has significance beyond the 56 petitioners in this case. With more than 17,000 Pakistani nationals imprisoned overseas, it reinforces Pakistan's obligations under its prisoner transfer agreements and establishes an important framework for ensuring that repatriated prisoners are able to benefit from the protections of Pakistani law without unnecessary administrative delay. She further stated that the present matter now rests with the Interior Ministry.
