2009 PLP 518 (YLR)

SALMAN ANSARI, J.

This Criminal Revision Application has been filed by the applicant Muhammad Hamid Akber @ Qasim, who being aggrieved and dissatisfied with the impugned order dated 29-7-2008 passed by the learned IInd Additional District & Sessions Judge, Karachi Central, whereby application under Rules 243 & 248 of the Pakistan Prison Rules, was rejected, wherein it has been prayed for that the applicant be granted "B" Class because of his being accustomed to a better mode of life, because of his social status, education and habits. The applicant is shown to have studied as a student in the College of Digital Sciences, was employed as a Lab Instructor in CDS College. Photocopies of degree in Bachelor of Science in Computing and Information Systems, issued by the Vice-Chancellor & Chief Executive of the London Metropolitan University, has been attached wherein mentioned that the applicant had studied in Computing and Information System in the College of Digital Sciences Pakistan. A photo copy of the certificate issued by the International Diploma in Computer Studies by the NCC and given by the CDS Karachi, Pakistan has been attached. Learned counsel for the applicant has argued that the applicant was entitled to a better class and he has relied upon 1997 PCr.LJ, 79 (Karachi), in support of his application. According to him the applicant is accustomed to a superior mode of living due to his social status, education and his habit of, living. Learned State counsel has opposed the application as the applicant is a dangerous criminal involved in a heinous offence where explosives were recovered from his possession and he is not entitled to any better class as under trial prisoner. Considering the arguments of the respective counsel under Rule 248 of the Pakistan Prison Rules, it has been provided: -- "Rule 248.

(i) There shall be only two classes of under trial prisoners-- (a) better class; and (b) Ordinary class. (ii) better class will include those under trial prisoners who by social status, education or habit of life have been accustomed to a superior mode of living and will correspond to A and B class of convicted prisoners. Ordinary class will include all others and will correspond C class. (ii-a) Those under trial prisoners who pass matriculation or higher examination in Ist Division during their stay in the jail shall be allowed better class jail facilities with effect from the date the result is announced. (iii) Before an under trial prisoner is brought before a competent Court, it will be at the discretion of the Officer Incharge of the Police Station to properly classify him. After he is brought before the Court, he will be classified by that Court, subject to the approval of the District Magistrate." Considering the photo copies of the documents attached with the application I find that the applicant's case would fall under the category of under trial prisoner as given in Rule 248, because his education 16 reflects his social status and the way of life. He would be accustomed to be in a superior mode of living. In 1997 PCr.LJ 79 (Karachi), the High Court was pleased to hold that:-- "High Court has power as Appellate Court to grant all such ancillary and incidental relief as might be granted by Trial Court. High Court, thus, could grant relief to under trial prisoner whose case was pending trial before Special Court Suppression of Terrorist Activities." Hence, High Court as an Appellate Court grant the relief prayed for. Accordingly I allow the application and direct the jail authorities to arrange for better class facilities "B" Class to the applicant from the date of the communication of this order. Order accordingly. A.M.R./M-162/K Petition allowed.