District East Courts, Karachi - Probation Article 1

District Courts East, Karachi

Non Registration of FIR: Important Sindh High Court Order

A Sessions Judge acting as ex-officio Justice of Peace can always issue appropriate directions to the police authorities on a complaint regarding non-registration of a criminal case or neglect or failure by a police authority in relation to its functions. More

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Home > Probation > Article1

The technique of probation although was introduced in the western countries in the beginning of 19th century but in countries like Pakistan and India the same is of recent time when enactments known as Probation of Offenders Ordinance, 1960 ( XLV of 1960 ) and Probation of Offender Act 1958 were promulgated in Pakistan and India, respectively, albeit the same were never applied in their letter and spirit by the concerned Govt.’s functionaries for reasons best known to them.

        In the province of Sindh, the attention of the Provincial Government was drawn towards the implementation of the law by the Sindh High Court in 1994 through a letter written to the Home Secretary and in consequence thereof three probation officers were appointed for the three divisions of the province with insufficient supporting staff. Similar sort of approach of the courts of the province is visible from the figures of the probationers. The offenders who were legally entitled to get the benefit of the provisions of the law were not benefited in true spirit of legislation.

        Although probation is a scheme of social re-education and rehabilitation to avoid indiscriminate incarceration as jailing is not a panacea for all convicts and harmful for some offenders and jails have become places where crime begets crimes on account of evil and contaminating influences of hardened criminals but no proper attention was paid in this regard and the law of probation remained on statute book and became redundant rather.

        In all the four provinces of Pakistan, the directorates of reclamation and probation are under-staff and therefore, probation officers are unable to play their due role as defined in the Probation Ordinance, supra. Consequently, the offenders are not getting the benefits of the law and the jails are therefore, becoming overcrowded day by day.

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