The Supreme Court of Pakistan while deciding some identical cases on 14th December, 2006, observed that the convicts who have to pay Diyat, Arsh and Daman are languishing in jails on account of non-payment of the same due to poverty and weak financial position. In this backdrop the Supreme Court directed that the Federal Government may create a fund and evolve a mechanism for the payment of Diyat, Arsh and Daman.
2 In order to implement the decision of the Supreme Court, section 338 G has been amended through the Pakistan Penal Code (Amendment) Ordinance, 2007 (VI 0f 2007), empowering the Federal Government to create fund by making rules. The Ordinance has been re-promulgated time and again. The last Ordinance in this regard was promulgated on 20th April, 2010; Ordinance No.VII of 2010; which was later on passed by the Parliament namely Pakistan Penal Code (Amendment) Act, 2010 (Act No. XV of 2010) dated 22ndJune, 2010.
3. The Federal Government established Diyat, Arsh and Daman Fund and framed its rules by invoking sub-section (2) of section 338G PPC to provide financial assistance to the convicts who are confined in jails on account of non-payment of Diyat, Arsh and Daman amount. The preliminary purpose of this fund is to provide financial assistance to the prisoners who are languishing in jails on account of non-payment of Diyat, Arsh and Daman amount to the legal heirs of victim due to poverty and weak financial position. Soft loans or financial grants out of fund are being provided to the convict prisoners who full fill the prescribed criteria.
4. The Federal Government placed this fund under the administrative control of Ministry of Law, Justice and Human Rights. As provided in rule 5 of Diyat ,Arsh and Daman Fund Rules 2007, the Administrative Committee delegated all powers to Provincial Sub-Committees, to be chaired by Home Secretaries and having a member of the Federal Government for the disposal of business. The Provincial Sub-Committee scrutinize, process and recommend the eligible cases to the Administrative Committee for its consideration and approval for the grant of amount out of Diyat, Arsh and Daman Fund. The Administrative Committee of Diyat, Arsh, and Daman approve the cases recommended by the Provincial Sub-Committees. The Administrative Committee consists of followings is responsible for management, control and disbursement of fund:
a) Minister for Human Rights Chairman
b) Secretary, Ministry for Human Rights Member
c) Secretary, Ministry of Interior Member
d) Provincial Home Secretaries Member
e) Director General Human Rights Secretary
5. Since the creation of the fund 04 meetings of the Administrative Committee has been held so far. The 1st meeting of Administrative Committee of Diyat, Arsh and Daman Fund was held on 27th July, 2011 in Islamabad under the chairpersonship of Secretary, Ministry of Human Rights. The 2nd meeting of Administrative Committee of Diyat, Arsh and Daman Fund was held on 23rd January, 2012 at Islamabad, under the chairpersonship of Advisor to the Prime Minister on Human Rights. The 3rd meeting of the Administrative Committee meeting was held on 9th October, 2012 under the chairpersonship of Secretary, Ministry of Human Rights. The 4th meeting of Administrative Committee for Diyat, Arsh and Daman fund was held under the chairpersonship of Honorable Minister for Law, Justice and Human Rights on 22nd July, 2014 and Thirteen (13) cases of the prisoners who were languishing in Jails due to non-payment of Diyat, Arsh and Daman amount as recommended by the Provincial sub-committees of Sindh (10 Cases) and KPK (3 cases) were approved by the Administrative Committee.
6. Recently, on 2nd August, 2016 the Ministry of Human Rights has requested the Provincial Home Secretaries to hold meetings of Provincial Sub-Committees for identification of eligible cases under rules and to recommend cases of the convicts languishing in jails in lieu of non-payment of Diyat, Arsh and Daman amount; so that 5th Administrative Committee meeting may be held at the Federal level to recommend financial grant out of this fund.
7. A PLS account no. 0451855 bearing title “Diyat, Arsh and Daman Fund” is being maintained in National Bank of Pakistan, Civic Centre, Islamabad. Director General Human Rights and Director Human Rights are the authorized co-signatories for the said account. An amount of One Million is allocated in the current financial year 2016-17 for Diyat, Arsh and Daman Fund.