IHC orders release of China drug case convict after 12 years
Justice Khadim Hussain Soomro issued the order while hearing a petition filed by the prisoner’s mother.
The case involved Syed Jalal Haider, who was arrested in China after authorities recovered 350 grams of heroin from his possession.
A Chinese court later sentenced him to 15 years in prison for the offence.
Convict brought back to Pakistan
Haider was subsequently transferred to Pakistan under a prisoners’ exchange agreement between Pakistan and China.
He continued serving his sentence in a Pakistani prison after being brought back to the country.
During the hearing, the lawyer representing Haider’s mother argued that the prisoner had already served more time than required under Pakistani law.
“He has served 12 years in jail, while according to Pakistani laws, he was required to complete 10 years in prison”, the lawyer told the court.
The argument became a key point in the proceedings as the petitioner sought Haider’s release from custody.
The lawyer maintained that keeping him in prison despite completing the applicable period under Pakistani law was not justified.
IHC orders immediate release
Justice Soomro heard the petition and considered the arguments presented before the court.
During the proceedings, the judge also spoke with Haider’s mother and assured her that her son would be released.
The Islamabad High Court subsequently accepted the petition and ordered Syed Jalal Haider's release from jail.
The order means Haider can leave prison after spending 12 years in custody following his arrest and conviction in China.
The decision also highlights the legal questions that can arise when prisoners convicted abroad are transferred to Pakistan under bilateral arrangements.
What happened in the China drug case?
Haider was arrested in China in connection with the possession of 350 grams of heroin.
A Chinese court found him guilty and imposed a 15-year prison sentence.
He was later brought to Pakistan under the prisoner transfer arrangement between the two countries.
According to the arguments presented before the IHC, however, the period he had already spent in custody exceeded the sentence applicable under Pakistani law.
His lawyer told the court that Pakistani law required him to serve 10 years, while he had already completed 12 years.
The court accepted the petition and ordered his release.
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Why the ruling matters
The case shows how prisoner transfer agreements can involve legal issues when a person is convicted in one country but serves part of the sentence in another.
Such cases may require courts to consider the terms of the transfer arrangement and the punishment applicable under local law.
The IHC ruling provides relief to Haider after years in custody and follows a petition filed by his mother seeking his release.
The decision also demonstrates the role of courts in reviewing whether a prisoner has completed the period of detention required under the applicable legal framework.
