Safia Bano held medical records demonstrating her husband Imdad Ali’s schizophrenia in a stuffy courtroom in 2018—evidence overlooked for 17 years while he faced execution. Her battle, along with similar cases involving Kaneezan Bibi and Ghulam Abbas, compelled Pakistan’s Supreme Court to face a terrible reality: mental illness in criminal justice was being methodically neglected.
This historic 2021 decision not only saved three lives but also changed Pakistan’s handling of mentally ill convicts—from arrest until execution.
The Cases That Tested the System
1. Imdad Ali: The Invisible Illness
- 2001: Convicted of murder despite erratic behavior
- 2012: Diagnosed in prison with paranoid schizophrenia
- 2016: Received a stay 72 hours before scheduled execution
2. Kaneezan Bibi: Lost in the System
- Charged in 1991, developed severe schizophrenia
- By 2018, she couldn’t identify her own attorneys
- Spent 27 years on death row untreated
3. Ghulam Abbas: The Child Who Never Progressed
- IQ of 65 (borderline intellectual impairment)
- Convicted at 23 despite seizure problems
- His mother fought for a proper evaluation for 14 years
The Legal Revolution: Key Interpretations
The Supreme Court introduced essential reforms:
1. At the Time of the Crime (PPC Section 84) ✅
Courts must consider:
- Documented medical history
- Witness accounts of behavior
- Psychiatric assessments before trial
❌ No more dismissing mental illness claims without expert evaluation
2. During Trial (Sections 464–465 CrPC) ✅
If mental illness is suspected:
- Immediate psychiatric evaluation
- Trial paused if the defendant cannot understand proceedings
- Treatment must precede trial
❌ Judges can no longer rely solely on their observations
3. On Death Row ✅
Complete ban on executing individuals who:
- Cannot comprehend their punishment
- Cannot make informed decisions
❌ No “recovery executions”—if the illness is chronic, the sentence is commuted
Why This Changes Everything
New Safeguards:
- Mandatory mental health evaluations upon arrest
- Prison medical boards must include psychiatrists
- Designated mental health prisons
Modern Language Matters:
- Terms like “lunatic” removed from court records
- Acknowledgement of modern diagnoses: schizophrenia, PTSD, etc.
Global Alignment:
- Adopted WHO mental health recommendations
- Compliant with UN Mandela Guidelines on prisoner treatment
Real Impact: Where Are They Now?
| Original Sentence | Outcome After Ruling |
| Imdad Ali: Death | Life imprisonment with treatment |
| Kaneezan Bibi: Death | Transferred to mental health facility |
| Ghulam Abbas: Death | Mercy petition under reconsideration |
Important lessons:
Mental illness requires legal accommodation. Pakistan now leads South Asia in prisoner mental health rights. Every defendant deserves competent assessment.
“This decision acknowledges that true justice sees the whole person – mind and actions together.”
— Justice Manzoor Ahmad Malik
FAQ
Q: Can mental illness lead to a finding of innocence?
A: Yes, under Section 84 PPC, if the defendant lacked awareness of the nature of the offense.
Q: What happens to mentally ill prisoners today?
A: They receive medical care under regular review. Executions are no longer an option.
Q: Where can I find the full ruling?
A: Visit the official Pakistan Supreme Court website.
Ultimately, this decision shows that justice is about recognizing people as they truly are—not about mindless retribution. For thousands of mentally ill Pakistanis in prison, it’s the difference between suffering and redemption.
Impressive. Jehangir has great judicial mind.