From
the dark cell of prison
Financial Post starts today a
series of stories which is an account of the life of Sohail Fida an inmate
in the Haripur jail in District Hazara. Our interest in Sohail was aroused
after reading his letter in the Dawn Magzine of "books and books",
which was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes swelled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and than being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations. -Qudsia Kadri
I was born in Mangora, Swat which
is in the news for all the wrong reasons. As I remember it was a serene and
tranquil area of peace loving people, where everybody kept to himself. The
people where religiously inclined but without any hint of extremism. Mullahs
were confined to mosques leading prayers and delivering Friday sermons. It
was so peaceful that women, in case of emergency could leave their homes even
in the middle of night. Even through the number of women pursuing higher education
was considerably less than the male, yet most of them did receive at least
primary education. "Pardah" and "Burqah" were matters
of choice not compulsion and those who did not cover their faces were accorded
the same respect.
Before partition swat was a princely state ruled by Wali-e-swat unlike what
has been reported about the rulers of other princely states, he is still respected
for taking a keen interest in the socio-economic welfare of the subjects and
developing the infrastructure of the state. He took special interest in promoting
education and established a whole network of schools and one very beautiful
"Jehanzeb college" and it is mainly due to his efforts that swat
has a very high literacy rate. I remember as a youngster I seldom met a person
who could not at least read and write. People were broad-minded. I do wonder
from where all these half-educated and misinformed maulvi's have cropped up
from.
According to the practice of the time my father married when he was still
doing his graduation. Being the brightest and most hard working of all his
brothers my grandfather asked him to give up further education and join him
in business as soon as he completed his graduation.
My father was the first person in the family to have studied so far. He always
lamented the fact that he was deprived of the chance to study further. He
would have preferred to be a professor than running the business even if it
meant being poorer that he is. So he took great interest in our education.
My mother was educated till 8th class/grade. She gave me religious education,
taught me the Quran and namaz and the basic tenants of Islam.
When I was six years old my father got me admitted in a school near our house,
where my elder sister Salma was also studying. I studied there till the second
class, when my father felt the school was losing its standard and admitted
me to "International Education Public School and College" where
I studied till matric. My father was a regular visitor to the school and would
check on my progress. At home my mother and later my elder sister would help
me with my homework. Despite all the efforts of my family I remained only
an average student at best. My interest was taken up more by music and video
games. I started reading the children's and other magazines only after I landed
in jail and had nothing else to do. The most painful event of my school life
is my 7th class result. I had passed with far less marks that the expectations
of my father. I then committed a blunder and tried to tamper the results and
did it so clumsily that as soon my father had one look at it his face turned
pale. He had never hit me in my life but the words he spoke, sometimes haunt
me even now. What will the principal and your teachers think, "That Fida
Hussain's son is a cheater". When I was arrested the first thought that
came to my mind was what will the people say, "That Fida Hussain's son
is a murderer!" It was not the police torture and humiliation but this
thought which still cuts through my heart like a knife. My younger brother
once on a visit to my cell confided to me that he had tried the same trick
on papa a couple of times and got away with it. Some people are just plain
unlucky, who never get away with mistakes and blunders. And I think I am one
of them.
Having learnt a harsh lesson I wholeheartedly (or at least tried to) study
for the matric exams. And it is the day when my matric result was declared
which is perhaps the most cherished memory of my early life. It was the last
time I would see my father so happy. I will not forget his beaming smile which
lit up his face and when he took my face in his hand saying" Sohail I
am proud of you" I had secured only slightly more than average marks
but was ofcourse over joyed for both making my father happy and the CD player
which he had promised to buy me, if I got good marks.
It was the love of my father and not wanting to disappoint him which made
me study hard enough so that I never failed a single exam, quite an achievement
considering my lack of intellectual capabilities and my interest in extra-curricular
activities.
The biggest influence in my early life was that of my grandfather (May Allah
Almighty gave him a long long and happy life) He is a self-made person and
was a successful businessman of his time. He started his career as a goods
transporter (used to transport goods from on place to another on mules), through
his sheer determination and hard work he became a successful businessman and
established Swat's first petrol pump filling station before partition. He
semi retired after fulfilling his ambition of constructing a filling station
for each of his four sons. Despite being retired from business, even at the
ripe age of 80, he was a daily visitor to our filling station. He was honest
to the core and would himself check the meters to make sure no tampering had
been done with meters and pumps. I like him most because he did lay great
stress on education as my father did. He often joked with my father. "
Don't try to make my eldest grandson a bookworm. Let him also learn about
the business." He said, it was after all due to business that we were
getting education in good schools. Often my grandfather would take me along
to the station and tell me how he had started the business and how the pumps
were manually operated when he set up the first pump. I would help him out
with his accounting registers and daily logs and read the newspaper's to him.
He himself could read and despite his age had excellent eyesight, he just
liked me, reading to him because I was his favorite grandson.
He narrated that once when the car of wali-e-swat's friend had come to his
village for the first time, the simple villagers placed grass and water in
front of it, the wali-e-swat's friend sawari must be hungry after such a distance,
they thought. My grandfather was ofcourse wiser than them, he owned the first
filling station established in the area.
Upto the date of my being sentenced to death he enjoyed robust health. During
the trial of my case, my father and uncles kept him unaware of the date of
my court hearing's, they thought he would not be able to bear the shock of
seeing me handcuffed and in police custody. Still he managed to find about
my days of appearance in court a couple of times and came to reassure me that
my grandfather was still alive and that he may be old but was still strong
enough to get his grandson and heir out of jail.
I have not seen him for the past five years. His health started falling ever
since I was sentenced to death, he has lost most of his eye-sight and hearing
and is almost bed-ridden.
In my death cell and now in the barrack, often late at night, I have wondered
with a broken soul, how my father would have faced him that fateful day when
I was sentenced to death.
I have been told my grandfather blamed my father for failing to save my life.
I wonder if he has forgiven him now that my death sentence has been commuted
to life imprisonment.
Part 2
Financial Post continues with
the series of stories which is an account of the life of Sohail Fida an inmate
in the Haripur jail in District Hazara. Our interest in Sohail was aroused
after reading his letter in the Dawn Magzine of "books and books",
which was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes swelled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and than being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations. -Qudsia Kadri
When it was time for admission in college my father wanted me to join Islamia
College, Peshawar, where he himself had studied. One of the most distinguished
institution and college of N W F P. But my mother opposed the idea saying
i was too young and would be unable to adjust in a big city away from home,
hence my father left the choice to me. I decided on Jehanzeb college swat.
It has a most beautiful building and is named after the waali-i-Swat, who
constructed it in 1953. It is said that the design of the building and architecture
is based on the style of an English college.
Like every body else college brought a welcome change and greatly altered
my life-style. No longer was it compulsory to attend each and every class.I
had a lot more freedom and instead of just playing video games and listening
to music, other extra- cirricular activities entered my life. Notable amongst
these was the first and last love/crush on a girl who was studing in Matric.
After a considerable long waiting and exchange of look's i managed to get
my first letter across to her requesting for the phone number of her house.
I recieved her reply the next day. Making a call to her was another problem,
calling from my home was out of the question, so my friends introduced me
to the owner of a PCO, who charged double the rate for the call and asked
no questions. Over the next few weeks I would often spend hours on the phone
with her. My whole life revolved around waiting for the appointed time of
our phone conversations. I gifted her cassettes of Indian movies, Dil wale
dulhaniya laay jaain gay, Hum dil day chukky sanam, Dil say, and Pardes.
I also gave her my picture and she promised to give me her picture too but
before that promise could materialize I landed in jail. I am sure she would
have been relieved that her picture did not fall into the hands of a criminal.
My romantic life had a span of four months, the thought of these four months
would surely haunt her as a nightmare as she is happily married now, but for
me these are all like the memories of many blissful years when I knew no worries
and every thing appeared to be rose-coloured.
My father owned a filing station near Bahrain, the most scenic valley of Swat.
One of my most strange memories is associated with a grave of a woman right
next to our filing station. When she was pregnant she was murdered by her
husband and her body dumped. When her body was found no one knew about her
family at that time and my father along with other people arranged her funeral
arrangements and buried her next to the filling station. I was very touched
by her story and often spent hours along her grave and regularly visited her
grave, especially on Eid days. I also started seeing her in my dreams, and
for some strange reason other people also started visiting her grave, and
would offer fatiha and pray for the fulfillment of their wishes, as they would
at the shrine of a saint. The strangest thing is that often in my dreams she
would tell me about some of the future events in advance. I am not a superstitious
person and don't believe in things like magic and jins or extra-terrestrial
objects and have never been inclined towards mysticism or Sufism, but this
is a mystery of my life which I have not been able to solve. I wonder if it
is a figment of my imagination or just another example of how the benificiant
hands of Almighty Allah moves in strangest ways. The mysterious and strange
aspect is that when her family learnt about her death and visited the grave
(they were not from Swat) they told us that her name was Sohaila and this
name is inscribed on her tomb stone.
One day when I was returning from college I saw a bird seller selling beautiful
coloured small birds, I bought three pairs and brought them home. My grandfather
admonished me saying how I would feel if god forbid I was imprisoned. I replied
that I shall give them food and water and shelter and they are better off
with me, where they have all the food they want and are safe from preying
birds. Sensing that I would not change my mind, my grandfather just shook
his head saying "Allah created birds to fly in the free air, who are
we to cage them, but you will never understand these things".
The second of April 2000, is the most fateful day of my life when my world
turned upside down. Early in the morning I learnt the shocking news of the
murder of my friend (and cousin) Zubair. He had been murdered by some unknown
person/persons in mysterious circumstances (the fact of it being a blind murder
is also mentioned in the FIR).
His younger brother embraced me crying Sohail Lala my Zubair bhaijan is dead,
he was weeping uncontrollably and instead of consoling him I broke down into
tears myself.
The dead body had been taken to the hospital for post mortem. How painful
it must be for a father to have an adult son murdered for no fault or reason
and then have his body cut-up by the doctors (at that time I did not ofcourse
know what post mortem meant) but then his body had a big stitch which ran
from the neck to the abdomen, after doing the post mortem the doctor had stiched
up the cut.
I kept on thinking who would commit such a heinous crime and murder an innocent
boy who was friendly with every body he met, even strangers. May Allah Almighty
rest his soul in peace and shower his grave with blessings. He certainly did
not deserve to die especially at such a young age.
During the funeral ceremony I came to know that six people had been arrested
on suspicion for involvement in the murder.
Later in the evening, I along with my cousin Rafiq were called to the Mingora
Police Station. The police officials who sent for us said we were not being
called due to any suspicion or as being suspects, but being friends of deceased
they wanted to record our statements and perhaps we could shed some light
on any possible motive a person may have for murdering our friend.
When I was going to the police station little did I know what fate had in
store for me and that my college days and the dream of my teenage days was
soon to be turned into a nightmare when I would wake to the harsh realities
of the world.
Part 3
Financial Post continues with the series
of stories which is an account of the life of Sohail Fida an inmate in the
Haripur jail in District Hazara. Our interest in Sohail was aroused after
reading his letter in the Dawn Magzine of "books and books", which
was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes welled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and then being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations.-Qudsia Kadri
My father took me (along with my best
friend, cousin, co-accused Rafiq) to the police station. When we entered the
police station the officer incharge of the police station (SHO) was very courteous
and called us son's and my father brother. He apologized to my father for
the inconvenience and said he wanted to inquire from us whether we had any
knowledge of the deceased's enmity with anyone, he said that six persons were
already under investigation as possible culprits. Then he took my father aside
and when the SHO came back his face was red with rage and he shouted to us
"you are sitting on the chairs like you are the sons of the Prime Minister,
get up you criminals". He told his subordinates to throw us into the
lock-up.
Later, I learnt that the SHO had demanded Rs. 2 Lakh as gratification to set
us free as we were according to him prime suspects, being the best friends
of the deceased. My father being unaware of how the justice system works in
our country, was outraged and an exchange of hot words took place between
them. I wonder if my father feels his greed for 2 Lakh rupees is responsible
for all the hardships me and my family subsequently faced. But I know it is
not a matter of money, my father being a man of principles was infact infuriated
by the allegation that I could commit such a heinous crime.
This complete turn of events had simply devastated me. My mind went so numb,
I did not even feel afraid, I was simply dumfounded. After an hour or so gradually
my mind started working and I started to feel the cold cemented floor of the
lock-up. Evening turned into the night and I began thinking that after recording
my statement they'll let me go. I was emotionally so exhausted that I went
to sleep on the bare floor, less then an hour later I was rudely woken up
by a constable who told me that the SHO and the DSP had come to take our statements.
One of them tapped his stick on my chest and said "you are under suspicion
like the rest. All the emotional turmoil I had gone through in the last 10-12
hours took its toll. "It is easy to suspect the innocent while the criminals"
The slap from the powerfully built SHO cut short my sentence. Let me finish
with the others I'll see you at the end. I spent a total of three days in
this police station before the case was handed over to the CIA famous for
"Cracking" difficult cases. I was taken to the "Saidu Sharif"
CIA police station.
My hands were handcuffed and then tied with a hook at the wall, my toes just
barely touched the floor. I had not slept for quite sometime and I would frequently
doze off for a few minutes then awaken due to the jerk from the hand cuffs.
Early in the morning the inspector of CIA came and said to me "make it
easy for yourself and tell it all before we have to extract it out of you".
Seeing a blank expression on my face (I think I had lost the power to speak)
he started kicking and slapping me and after a couple of minutes he was out
of breath and left saying "This is CIA where even the hardenened criminals
break down. He ordered the other policemen to beat me till I confessed. These
beatings continued for three days but I refused to confess the crime I hadn't
committed.
One of the ways of torture used by the police is hitting the soles of the
feet with a stick it does not leave any marks and is extremely painful. I
do not know where I got the strength from to withstand this torture, but all
this was nothing as compared to what was next. When these beatings did not
produce the desired results, they took me to the special interrogation room.
My hands were tied behind my back and then with another rope my body was suspended
from the hook in the ceiling upside down. My hands were below my head and
all the body weight shifted to my shoulders and arms. The pain was most unbearable
and I was crying out with pain. They would losen the rope after every fifteen
minutes and bring me down, the constables would then ask me why I was intent
on getting my bones broken, even if I was innocent I would not be spared of
the agony, unless I confessed. After sometime I lost conciousness and was
carried back to the lock-up. The next day they took me before the magistrate
(In Swat magistrates and session judges are called Qazis, the courts function
in the same manner like the rest of the country and the judges have the same
qualifications but names of the court are changed, magistrate are called (Ilaqa
Qazi and Session Judge Zilla Qazi) for recording my confessional statement,
after my refusal I was remanded back to the police station I was produced
before a doctor for the mandatory medical examinations, without even taking
a look at me he pronounced me fit for remand and did not find any marks of
torture.
The same beatings and torture, which had been going on for the last couple
of days were repeated with even greater ferocity. The only moments of respite
were when I was given breakfast (half a cup of tea), lunch some boiled daal
(mixed with water and half roti) and dinner. These were given just to keep
me alive. I tried to take as long as possible to eat as the momentary relief
was nothing short of luxury. As my hands had been continuously tied above
my head and due to the other torture I started losing feeling in my arms and
was unable to even grip the cup of tea. (I was quite well built at the time
of my arrest and had a muscular and atheletic body as I did regular exercises
and loved climbing mountains) seeing the cup fall out of my hand the constable
who was gurding the lock-up brought another cup of tea and helped me drink
it. After my experience in the police lock-up and in jail I can safely say
that the semi-literate and lower level policemen and jail wardens are far
more sympathetic and kind-hearted than their educated officers. Perhaps their
own poverty related sufferings make them aware of the -plight and feelings
of their fellow humans.
Just when I had taken a few sips the Inspector entered the lock-up and was
furious with the constable saying in Pushtoo "is he the husband of your
mother that you have put the cup of tea to his lips".
"Sir his hands are not functioning the constable replied. This worried
the inspector a little and he ordered one of the constables to call the massager
(Malashi) and left. The constable said to me "Foolish boy do not act
like Sanjay Dutt and Akshay Kumar this is real life, do as the Sahib says
and spare yourself of the torture" I did not have the energy and words
for a reply, I just gave a broken and battered smile.
During the initial days of my arrest I saw the father of the deceased a couple
of times, he spent some time with the Inspector and when he came out of his
room he gave me a ferocious look. The third time he came I called him saying
"Uncle please at least listen to me". He came to me and said "The
Inspector is convinced that you have murdered my son". I replied "you
know me since childhood, why would I kill Zubair who was a dear friend and
more like a brother". "My mind is paralyzed and I am just too confused
to know what I should believe" he said and left. After having reflected
innumerable times on his attitude especially in the solitude of the death
cell, I do not blame him now, even though I was initially outraged. The shocking
murder of his innocent young son had simply devastated him and it will surely
haunt him for the rest of his life. After all he loved his son just like my
father loves me, the attitude of my father would not have been much different
if the roles were reversed.
After I had spent 11 days in police custody, in the morning of 13 April, 2000
he came to my cell again by now I had faced all the possible forms of mental
and physical torture and humiliations. Every inch of my body ached with agony
(pain does not accurately define what I was experiencing). My feet were swollen
and it was impossible to even stand on my own.
He came to the lock-up and said in a most gentle voice "Sohail, son now
I am convinced that you are innocent and if you today make a confession before
the Qazi where the Inspector is taking you, I will write a compromise deed
and get you out, there is not other way out believe me" I was 17 years
old then and considered the brightest among my peers. I do not know why I
fell for the trap perhaps because I was mentally exhausted and emotionally
devastated and my body was all bruised and battered, this offer took all the
fight out of me and I decided to confess the crime I did not commit ( In jail
I was told that night and morning before an accused it taken to court for
confession, they are given drugged tea, I am not sure if that was the case
with me) Then he left the police station. Shortly afterwards I was taken to
the court where I sat in a room adjacent to the court room while the Inspector
went into the Qazi's court room. After an hour or so when I was being taken
before the Qazi the deceased's father met me outside the room and showed me
some paper saying that they were the papers of the compromise deed and everything
was ready, I should do just as the Inspector had tole me to.
The Qazi just simply read out from the document in front of him and asked
me if that was correct after my "no" or "yes" he took
my thumb impression and signature at the bottom of the document. Later I learnt
that before recording the confession the magistrate should also ask the accused
if he was tortured by the police and he should also be made aware that he
is not bound to make a confession and that he will not be handed back to police
custody. There are good magistrates who follow this procedure and there are
others who don't. I was led out of the court room with two policemen helping
me walk and to the some procedure as before was repeated before the doctor
and the to the big black gate of District Jail Swat, constructed by Waali-e-Sawat,
who had built the Jahanzeb College of which technically, I was still a student.
Part 4
Financial Post continues with the series
of stories which is an account of the life of Sohail Fida an inmate in the
Haripur jail in District Hazara. Our interest in Sohail was aroused after
reading his letter in the Dawn Magzine of "books and books", which
was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes welled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and then being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations.-Qudsia Kadri
As I sat in the police mobile my mind was numb and it slowly and gradually
downed on me what had happened and what lay in store for me. As soon as the
threat of further torture had lifted, I was overcome with a sense of guilt
for having shown weakness and confessed a crime I had not committed.
I had only a vague idea of what jail would be like. Maybe there would be prisoners
breaking stones and a long mustached prisoner bossing the other, as in the
Indian movies.
Entering the first gate of the jail I was rather impressed by what I saw.
There were small offices of the officers and everything was neat and clean.
The policeman took-off my handcuffs and handed me over to a jail warden. I
was given a thorough body search, a couple of slaps and kicks and pushed through
yet another small gate into a big imposing black gate into the jail. This
initial welcome of kicks and slaps did not have any effect whatsoever as I
had grown accustomed to far worse treatment during the 11 days police custody.
Seven and half years back it was a mandatory practice to beat-up new inmates
in jail, first to put fear of jail authorities into them (things are much
better now as beating and humiliation of prisoners for minor things/offences
has almost entirely ceased).
Inside the black gate I was rather surprised and again impressed by what I
saw. The inner premises of the prison appeared somewhat similar to those of
a Govt High School I had seen, the walls were taller and instead of a door
and windows there were iron bars and grills. There a numberdar (they are convicted
prisoners who are assigned to help jail authorities and wear red caps and
carry sticks) gave another thorough search and then helped me walk towards
the juvenile barrack as my feet were swollen and I couldn't walk on my own.
When I entered the barrack, the boys who were all roughly my age and some
slightly older stood up to greet me. It is customary for inmates ( especially
among the juvenile prisoners) to greet fresh arrivals and make them comfortable.
I enquired about my cousin, and co-accused Rafiq who had broken down earlier
and made the confession a couple of days before me and was already in jail.
I was taken to him, he was sitting with three other inmates roughly our own
age Usman, Alam and Haji Gul. They remained our friends and shared in cooking
and preparation of food, cleaning the bunks and washing clothes. Everybody
share's what he has with other "Haandi Waals". As soon as we had
settled down, Haji Gul announced lunch was ready, it was potatoes and green
peas. I was most impressed by the food provided in jail, later I was told
it was not provided by jail authorities but was arranged and cooked by my
"Haandi Waals".
My right hand was numb and I had to eat with the left hand and even though
I had great difficulty in eating, It was one of the most delicious food I
have ever tasted.
After the meal Haji Gul massaged my shoulders and arms which relived the pain
a little. I was told that I should act like a man and try to walk on my own
no matter how painful it was, so that the people didn't consider me weak and
I should not let my pain show.
At about four O'clock the barrack's were locked-up after counting the inmates
in every barrack. In jail terminology it is called (gintiband). The barracks
in jail are closed after "Asr" prayers and then opened in the morning
half an hour after "Fajr" prayers. In the daytime they are again
closed from 11 in the morning to 1 in the afternoon.
The other inmates had also suffered the same form of torture but were taken
back when I told them what had happened to me, none of them had received the
same savage treatment as I had and were therefore most sympathetic. After
the evening meal I lay down and a couple of other inmates including Haji Gul
warmed some oil and massaged my shoulders, arms and feet. A piece of brick
was warmed and then wrapped in a cloth and then placed on various parts of
the body which were blue and black with beatings. My feet after being thoroughly
rubbed with warm oil were wrapped with bandages made of torn piece of cloth.
As the barrack was over-crowded so I was given a space only two and half feet
wide but it was still a luxury after the 11 night's in police look-up. Haji
Gul brought a blanket and put it over me. Someone sent a glass of warm "milkpack"
which soothed my nerves and I dozed off oblivious to everything. That first
night, for me jail was nothing short of a luxurious rest house or a five-star
hotel.
The next day a person came and gave me a small chit saying you have a visitor
( mulaqat in jail terminology) once a person is convicted and sentenced he
has to perform different duties which are assigned to him according to his
education or qualifications, strength and build of his body(The strong and
well built are mostly made "Numberdar's") social status and whether
or not he has any particular skill like electrician, plumber, barber etc.
Those who can read and write properly are often made "munshis" It
was one such "munshi" who brought the slip to me. When I reached
the "visitors rooms" I saw my grandfather and younger uncle standing
across the iron grills and iron meshing.
The first words my grandfather spoke were " why have you committed the
blunder of confessing a crime you did not commit". He took one look at
my face and said "Don't worry everything will turnout for the better,
Inshallah". We had a brief chat and I asked why papa had not come, he
said he too will come within the next few days.
He did come after two days and anguish was written all over his face and he
looked exhausted, the expression on his face almost brought tears to my eye's
it was with some difficulty that I stopped myself from crying. We talked for
less than half and hour, he was visibly devastated by what had happened. He
had come to reassure and console me, but he himself needed it more than me,
before leaving he asked me if there was anything he could bring for me. More
than from my own need and desires, it was out of his love that I asked him
to bring my first-year course books and note books. This had the desired effect
on him, as a faint smile appeared on his face and he left in slightly better
spirits.
Gradually the pain in the body eased, the emotional scars would take longer
to heal but I was already becoming a part of the jail routine.
The structure of the barrack and cemented bunks varies from jail to jail.
( In swat jail the barrack was 38 (L)X 14(W) ft at one end of the barrack
there was a small roofless toilet and a small bathroom next to it, where one
could bathe with a bucket. In front of each barrack there was a small open
space to take a walk. Swat jail being only a district jail and not central
jail did not have any proper walking ground.
Early in the morning I would wake up and offer the "Fajr" prayers
with the rest. Then the preparations for the breakfast would start. Cooking
in jail is done in small stoves made from empty cooking oil and "ghee"
tins which are clayed from inside, coals made from burn-wood are used. Five
kilo packet's of coal cost Rs 35 at that time it cost Rs. 110 now. The jail
authorities provide one third part of "Roti" (called ticket in jail
terminology) for breakfast and a small bucket of tea for every barrack. Normally
we made our own tea and prepared breakfast, if we had a recent visit from
home it consisted of eggs and bread or we would simply warm the ticket and
swallow it with the tea.
After breakfast we attended the compulsory religious classes where basic kalmas
and reading of Quran is taught by those convicted prisoners who have religious
knowledge. Since I already knew these basic things so I just read one"
Siparah" chapter of the Quran. After that I would busy myself with my
course books, they provided me with a mental escape and I for once started
enjoying the studies which uptil now I had considered nothing more then a
boring burden. After studying for 3 hours from 8 to 11 I would take a walk
in the verandah and the very small court yard of the juvenile sector. At this
time my "haandi waals" would be busy in preparing the lunch. If
none of us had a visit in the recent days we would simply take the boiled
"pulses" daal sent by the jail and fry it with tomatoes and onions
and then have a hearty meal.
The memories of 11 days in police custody were still a fresh so I rather enjoyed
my early days in jail but I also suffered from bouts of depression when I
would remember my family and how they would be suffering. It was to find an
escape from such thoughts that I busied myself with my studies.
In the evenings we would watch a black and white Russian TV. In the juvenile
barrack there was an old "Baba" prisoner to keep an eye on the juvenile
prisoners. The one in our barrack was a lovely old fellow Ahmed Jan Baba,
who would relate to me stories of his days in Bangladesh, where he was employed
in a Bank.
After the Magrib prayers we would have dinner and after the Isha prayers I
would again study till 11:00 p.m. My father and other family members would
regularly come for visits and father said only one thing, that I should forget
everything and just concentrate on my studies. After a lot of efforts he had
managed to secure permission for me taking the exam in the examination hall
from the I.G prisons. My father did not think it proper to bring my mother
to meet me in jail, but he said she would come during my papers to the examination
center. Then the exams started and I experienced a different sort of emotional
stress. A head constable and two constables came to take me to the examination
center. The three of them were most friendly and encouraged and praised me
for my courage to have carried on studying even in the jail but the attitude
of superintendent of the examination hall was completely different, he gave
me a glare filled with hate and said the most heart breaking words "so
a murderer has come from jail to take exams" and gave a thorough body
search having experienced much wrose things I told him " If I have knowledge
in my mind, I don't need to keep it in my pocked and socks". The boy
sitting at the back of my chair was my college friend but he refused to shake
my extended hand.
After I had taken the paper which went quite well despite my apprehensions,
my father asked the head constable to allow me to have a meeting with my mother
and family members in the Suzuki, the kind man that he was the head constable
readily assented. It was for the first time since my arrest that I met my
mother. She gave me a kiss on the forehead and all of a sudden broke down
in tears. She wouldn't let go of my handcuffed hands and kisssed them. The
exams also became a sort of family reunion as after every paper I would have
a chance of meeting face to face my family, most importantly my mother.
(Part - V)
Financial Post continues with the series
of stories which is an account of the life of Sohail Fida an inmate in the
Haripur jail in District Hazara. Our interest in Sohail was aroused after
reading his letter in the Dawn Magzine of "books and books", which
was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes welled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and then being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations.-Qudsia Kadri
After the end of the exams I started feeling
bored and jail started to take its toll mentally. Before and during the exams
I used to spend my time studying for exams, now I felt a sort of vacuum in
my life, therefore I asked my father to bring me some reading material. He
would bring me different magazine's and digests which also included children's
magazines (It was not untill after my conviction that I took interest in English
books, novels and mostly digests) after reading them I also felt an urge to
write and started contributing short stories for these magazines and digests
(one of my stories also won a prize).
It was 30th of August 2001, one of the happiest and most memorable days of
my life, when my first year F.A result was declared. The warden of our sector
had become a friend of mine ad he admired me for pursuing education even from
the jail. He himself was doing B.A as a private student, which is very rare
for a jail warden. After the exams he had taken my roll-number and told me
that he would let me know about the result when it was declared. That day
he came literally running to my barrack (which too is quite rare for jail
wardens except in cases of emergency) and said "Sohail give me a hundred
rupee note and I'll tell you a wonderful news" I knew instantly that
the results had been announced and that I had passed with atleast reasonably
good marks. I gave him the hundred rupees and he said that I had passed with
good marks. I felt like I had conquered the world and embraced the warden,
I also did a little dance.
The inmates of the barrack were well aware of my anticipation and anxiety
about the results and seeing me so happy they all came and started congratulating
me, especially my co-accused Rafiq and other "Handiwaals" embraced
and hugged me, since then I have passed many exams and securing 7th position
in M.A "International Relations", but I did not experience the same
euphoric happiness again, I felt myself to be on top of the world, I had proven
that I was down but most certainly not out. I did not let my academic year
be wasted and at least education wise was at par with my class-fellows and
most importantly had not let my father down, despite the circumstances. I
put on my best clothes and sat in anticipation, waiting with great joy for
the visit from my father. I started imagining how he would be beaming with
happiness and having a big smile, which I had last seen so long ago. I imagined
him in different poses, with a box of mithai in one hand, perhaps he would
make some "special arrangement" with the Superintendent or deputy
Superintendent and come inside the grilled and meshed visiting room to embrace
me and give a kiss to me on the forehead. I waited for him all day long taking
a walk in the courtyard of the sector, merely seeing the slip of paper containing
my marks and roll number gave me great satisfaction. As time went by I started
to wonder what was keeping him so long, I thought he must have decided to
break the news first to my mother. I imagined him buying sweets/mithai on
the way home, my mother and grandmother would have raised their hands in a
prayer to Allah on hearing the result and how happily my grandfather would
have taken a piece of sweet.
I waited for him well after the closing time of visits. Finally it hit me
that he had not come to congratulate me, what could have prevented him from
coming, did he consider me guilty like others and had not forgiven me for
bringing a bad name. I walked back to the barrack dejectedly and lay on my
bunk. I did not eat dinner. All night different thoughts crossed my mind.
Next day Rafiq's brother came for a visit and brought a letter from father.
He had stated "Sohail son, there are certain strange moments in life
when one is not sure to be either happy or sorrowful. After seeing the results
I wanted to rush to you and congratulate you, but I could not bear the thought
of congratulating you and breaking such great news to you from across the
iron bars. I did not have the courage to break such wonderful news to you
in such painful circumstances. Your mother is also most happy. She did cry
a little both out of joy and sorrow. Salma and Laila are overjoyed and Daaji
(my grandfather) is the happiest of all. I have now recovered enough and will
come along with Daaji tomorrow. Your mother will prepare food for the whole
of your barrack. Sohail keep it up may Allah give you strength and courage".
In 2001 our case was put up for trial in the court of sessions judge (called
Zilla Qazi in Swat, he is a session judge and all the proceeding are the same
like the rest of the country, only the court documents are in urdu).
In order to strengthen the case police had also introduced a motive for murdering
the deceased. We had allegedly committed theft in his house and then murdered
him in order to hide the crime. The police had also claimed recovering certain
stolen articles which included one set of binoculars, four shalwar kameez
suits, twelve under vests, twelve pairs of socks etc. The CD player my father
had gifted me on passing my matric exams was worth more than these items.
The most vital aspect of the case was our confessional statements and they
were the most damning evidence and the whole prosecution case was based on
them. The magistrate who had recorded our confessional statements stated on
oath that he had observed all the legal formalities including giving me the
assurance that I was not to be handed back to the police even if I refused
to confess.
As I have stated in the previous article, the judge had not observed most
of these formalities and handed me back to the police on two previous occasions
when I had refused to record a confessional statement.
The day of court appearance happens to be the most important in the life of
an under-trial prisoner. I keenly looked forward to the days of appearance
in the court as I could breath in the free air of the court lock-up. The days
were rather like picnics as we helped ourselves to tea, biscuit's, cakes,
Pepsi and rice.
All these things which were once an ordinary part of life now seemed a luxury.
It was also lot easier to talk face to face with father across the bars of
the lock-up than the iron meshing of the jail's visiting room. Our lawyer
had assured us that it was a matter of time only and I will be free once the
decision of the case was announced. This had greatly relaxed my father.
In the meantime I was also preparing for the F.A 2nd year exams. Passing the
first year exam with reasonably good marks had given me confidence and I knew
despite all the difficulties, I would be able to pass the second year exams
too. The second year exams started in may 2002. The policemen who came to
take me to the examination hall were most friendly and gave me a lot of encouragement
and praised me a lot for showing courage and continuing my education even
from the jail. The superintendent of the examination hall this time around
was also a friendly person and wished me well. I had secured better marks
than most of my college mates who had rudely ignored me when I took the first
year exam. I asked the superintendent I did not want to sit next to them so
he put a separate seat for me at the front, away from them. As soon as the
policemen took me in the examination hall, he told them to leave the hall
saying "Take the handcuffs off, he is my responsibility" And told
them to leave the hall and wait outside.
Like the first year exams the second year
exams too provided an opportunity for a sort of family reunion. I met my mother
again after one year. The policemen who brought me to the examination hall
even allowed us to take pictures. My father and mother both seemed to be in
better spirits. However when I took my last paper my mother clutched my hands
tightly and started crying and asked my father "Please don't let him
go, stop him, don't let him go back to jail "This brought tears to the
eyes of even the policemen who were anxious to get me back to the jail. My
father assured her that not only will he take her to visit me in jail but
also that I will be back home in a couple of months at the most as the trial
of the case was near completion. He did bring her to meet me in the death
cell.
The trial of our case completed with the argument of the lawyers on 22nd July
2002. The judge fixed the next day 23rd July for announcing the decision.
I had a completely sleepless night. The next day I took a shower and put on
my best clothes and took only a couple of sips of tea. I can not describe
in words the anxiety I was feeling. Our lawyer had repeatedly assured us that
there was nothing to worry about as we were sure to get acquitted (his predictions
and assurance as it turned out were as flawed as his capabilities as a lawyer)
I kept on trying to reassure myself that I was sure to get acquitted as I
had done no wrong.
(Part - VI)
Financial Post continues with the series
of stories which is an account of the life of Sohail Fida an inmate in the
Haripur jail in District Hazara. Our interest in Sohail was aroused after
reading his letter in the Dawn Magzine of "books and books", which
was written from the death cell. His writing skills along with his intelligent
grasp of his situation and living environment made us aware of the injustice
and victimization prevalent in our society. The callousness and greed prevalent,
the dishonesty and corruption rampant within the system.
We felt pain and our eyes welled up with tears as we read about Sohail Fida's
tragic life, of his youth being spent in prison and then being condemned to
death and being in the death cell of Haripur jail, where he courageously faced
the long endless nights and completed his double master's degree in International
Relations and History.
Today, Sohail's death sentence has been commuted to life imprisonment. We
hope that after reading his story many will be inspired to gain insight and
help him to prove his innocence. Help this brilliant young man who from jail
managed to secure excellent marks and a seventh position in his master's degree
in International Relations from the Hazara University.
We hope his dream about writing a book materializes into reality and this
young man can bring his experience insight, education and positive attitude
to help other's in similar situations.-Qudsia Kadri
Before leaving the barrack the fellow inmate's wished me well and sent me
off with prayers of acquittal. Haji Gul my best friend embraced me and told
me not to forget bringing the sweets (mithai) after being acquitted.
I met my father in the lock-up and he was even more tense than me he did not
have the energy to say more than a few words, he ordered tea for us which
remained untouched and sat all alone an a bench away from the lock-up all
lost in his own thoughts. My uncles and Rafiq's father and brother had also
come they were also under great stress.
It was after one o'clock that we were summoned to the courtroom. My father
did not come with us, Rafiq's father and brother and my younger uncle accompanied
us. Upon entering the court room, the reader of the court took our thumb impression
and then the judge announced with a straight face and expression less voice
"The charges leveled against you are proved on the basis of your confessional
statements, and recoveries made on your pointation there by, I sentence you
to death" by the time I had entered the courtroom I was completely exhausted
by the anxiety and lock of sleep, I did not feet anything, my mind had just
got blank it was when I left the courtroom that it slowly downed on me. I
felt as if the sky had fallen on me and I felt as if a heavy stone had been
placed on my head.
Once an accused is convicted the policeman try to rush him back to the jail
to avoid any untoward incident. As we had been sentenced to death, the policemen
were in a greater hurry. We were literally pushed into the prisoner's bus
by the normally friendly policeman.
As the bus was being reversed I saw from the small opening in the bus, Rafiq's
brother telling my father about the decision. I saw his head jerk towards
the sky and as the bus left the court I saw he was still staring at the sky.
That is too date my last vision of my father in the free air.
Once a prisoner's sentenced to death he is not kept with other prisoners in
the barrack. The chief warden along with a guard of "Numbardars"
and warden's took us to our cell and after giving us a thorough body search
locked us in it along with an old prisoner. There is a rule in jail according
to which only odd number of prisoners are kept in a cell that is either one,
three, or five. So we shared the cell with this fellow who was put there especially
for us to make the number odd. I took an instant dislike to him, he had a
long beard and the first words he spoke were like poison to me "Boys
ask forgiveness from Allah for whatever great sin you have committed and for
which you got this punishment at such a young age". Having himself been
convicted for "whatever great sin" he had committed, it was impossible
for him to imagine that a person could be sentenced to death if he was not
guilty.
As the news of our being sentenced to death spread our friends and other jail
inmates rushed to our cell. They tried to calm and relax us and I tried to
put on a brave face and tried to pretend as if nothing had happened, but all
my internal feelings must have been apparent on my face. During my time on
the death row called "Phaansi Ghaat" I have seen many people arrive
after being sentenced to death and most of them try to pretend as if nothing
has happened and all fail miserably. If nothing else the new environment of
a cell is enough to make one nervous.
The next day my father, uncles and Rafiq's family members and my grandfather
paid us a visit. The feelings of that meeting cannot be expressed in words.
I desperately tried to put on a calm face and my father did not say much and
it was my last meeting with him. After being sentenced to death the prisoner
not allowed to go out of the confines of the small courtyard where the cells
are located even for a visit. So the visitors are brought to the cell and
our small cell was crammed with family members, seeing the small and dirty
cell would have depressed them a lot also.
On the 27th of July three days after my conviction the chief warden came to
our cell early in the morning and told us to get ready as we were being challaned
to the central prison. We gathered what little possessions we had, and were
not given a chance to say farewell to our friends, many of them did visit
me in Haripur after their release.
A head constable and three constables had come with a police mobile to shift
us to Haripur jail. They were rather surprised to find that they were taking
boys of our age and not some hardened criminals, this relaxed them and they
were rather nice to us. When I stepped out of the jail gate to sit in the
police mobile I thought momentarily if they were the last steps I would ever
take outside the premises of a jail.
As the police mobile started its journey I knew it would pass by one of my
father's two filling stations. I desperately prayed that they would stop at
it to get the tank filled with diesel and I would see my father and grandfather.
But the mobile simply rushed by the filling station and I did not see either
my father or grandfather at the filling station. I did not know it then that
my grandfather had stopped visiting the filling station ever since the time
of my arrest.
While seeing the beautiful scenery from the mobile I kept on wondering if
it would be the last time I was seeing the beautiful trees and fields and
small paths along these fields. This beautiful scenery which once held no
particular beauty and looked ordinary seemed much more beautiful now. After
travelling for about five hours the mobile stopped at a small roadside hotel.
Judging from our age and appearance the police were convinced that we were
incapable of causing any trouble and had therefore decided to have breakfast.
They also let us out of the mobile to share the tea and "parathas"
with them. I glanced at the hotel's signboard it stated "Insaf Hotel,
Attock" (Justice Hotel).
Despite everything I did try to enjoy the breakfast, as it was the first I
was taking in the open air sitting on a proper cot after two years and I thought
possibly the last. The owner of the hotel was an acquaintance of the driver
of the police mobile and learning that we were condemned prisoners, refused
to charge any money. I have often day dreamed that when I am released, on
the way home we'll stop at the same hotel for lunch, and I would introduce
my self to the owner.
It was them minutes past noon when the mobile stopped in front of a big gate
of an imposing building of the central prison Haripur. I checked the time
on the watch my father had gifted me for passing my first year exams..............