ISLAMABAD: Supreme Court Judge Justice Syed Mansoor Ali Shah on Thursday said that a five-member bench of the Supreme Court had given a landmark judgment on persons with disabilities.
He expressed these views while addressing a ceremony organized by Justice Project Pakistan about the physically handicapped and mentally retarded people.
He said that courts’ decisions were often criticized but now decisions of the Supreme Court were being appreciated. He said that the credit regarding the decision about the conviction of mentally retarded people goes to Justice Manzoor Malik.
He asked how could a trial court judge identify a mentally retarded person just by looking at him/her?
Shah said the suo moto notice taken for the mentally retarded people was the best use of the powers of the Supreme Court. During the hearing of the case, it was learned that the law enforced in the country on mentally retarded people was of 1912, he added.
He stressed that legislation was needed for people with mental illness. He said that the doors of the court should be opened for science and judges must know science. Justice was not possible without science, he added.
He said that if the prosecution opposed the mental illness of the accused, it was necessary to submit concrete evidence. A person’s life could be taken but his self-esteem could not be destroyed, he added.
He said it was the primary responsibility of the prosecution to prove the case. The condition of the mental patient should be assessed according to the opinion of the medical board, he added.
The Australian Ambassador to Pakistan said that one year had passed since the historic decision of the Supreme Court regarding persons with disabilities. The ambassador said that legislation on mental illness was essential to improve the criminal justice system.
