Published on 12:00 AM, November 10, 2020

Editorial

A unique and sensitive High Court verdict!

Giving the convicted a second chance to be better

File photo

We commend the High Court for a landmark verdict that demonstrates compassion and foresight on the part of the HC in the dispensation of justice to a convict accused in a narcotics case. The verdict declared that the convicted man Moti Matbor's five-year jail sentence would be upheld but he would be allowed to stay with his family under probation if he could fulfil three conditions. The conditions were that Moti Matbor would have to ensure that his 10th grader daughter and second grader son continued their studies, that he took care of his elderly mother and that he would not marry off his 15-year-old daughter until she turned 18 as stipulated by law.

This unique and humane approach to meting out justice to a convicted person is truly revolutionary and may have far better results in terms of rehabilitating those who have committed crimes and giving them a chance to lead normal lives again. In this particular case, Moti Matbor has already served 20 months of his jail term and has displayed good conduct so far and under the Probation Ordinance 1960, he will be allowed to stay with his family as long as he fulfils the HC conditions. What is encouraging is the fact that fulfilling these conditions will ultimately benefit the convicted and his family, as well as the community.

It may be mentioned that it was after his appeal got rejected that Moti filed a revision petition with the HC challenging the trial court verdict. The HC then gave the verdict after hearing the revision petition, granting Moti probation facilities as long as he honoured the stipulated conditions.

The High Court's unique sensitivity and forward thinking serve as examples to all the courts, which can consider this practice in the dispensation of justice. While criminals must be punished under law, in many cases this kind of sensitive approach may actually help to make them better members of the community. As a society, we must think of ways in which convicted individuals who display a genuine willingness to change for the better, be given a second chance to do so. This unique HC judgement shows how this is possible.