entire medical history/record, copies of report of Medical Board constituted by this
Court on 21.09.2020 and a copy of this judgment. We expect that the mercy petition
filed on behalf of condemned prisoner Ghulam Abbas shall be disposed of after
taking into consideration all the circumstances including the observations made by
this Court in the instant judgment. The instant Constitution Petition is disposed of
in terms noted above.
86. Till the disposal of Mercy Petition, it is directed that condemned prisoner
Ghulam Abbas shall be immediately shifted to Punjab Institute of Mental Health,
Lahore in accordance with provisions of Prison Rules for his treatment and
rehabilitation.
87. In view of the foregoing, we deem it appropriate to direct that:i. The Federal Government and all the Provincial Governments shall
immediately make necessary amendments in the relevant laws and the rules
in the light of observations given in this judgment, particularly those in
Paras 37, 56 and 66 above.
ii. The Prison Rules shall be appropriately amended so as to bring the jail
manuals of all the Provinces in harmony.
iii. The Federal Government (for Islamabad Capital Territory) and all the
Provincial Governments shall immediately establish/ create High Security
Forensic Mental Health Facilities in the teaching and training institutions of
mental health for assessment, treatment and rehabilitation of under trial
prisoners and convicts who have developed mental ailments during their
incarceration.
iv. The Federal Government (for Islamabad Capital Territory) and each
Provincial Government, shall immediately constitute and notify a Medical
Board comprising of three qualified and experienced Psychiatrists and two
Psychologists from public sector hospitals for examination and evaluation of
the condemned prisoners who are on death row and are suffering from
mental illness to ensure that such mentally ill condemned prisoners who no
longer have the higher mental functions to appreciate the rationale and
reasons behind the sentence of death awarded to them are not executed.
v. The Federal Government (for Islamabad Capital Territory) and all the
Provincial Governments shall immediately constitute and notify a Medical
Board consisting of two qualified and experienced Psychiatrists and one
Psychologist from public sector hospitals at Islamabad (in case of Federal
Government) and at each Divisional Headquarter of the Provinces for
examination, assessment and rehabilitation of the prisoners i.e. under-trial
and convicts, if referred by the jail authorities. The said Medical Board shall
also be authorized to examine those accused persons who are referred by the
trial Court(s) for examination under the provisions of sections 464 and 465,
Cr.P.C.
vi. The Federal Government (for Islamabad Capital Territory) and all the
Provincial Governments shall immediately launch training programs and
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