1993 P Cr (PLP)

MUKHTAR AHMED JUNEJO, J.

Petitioner Shahid Bawani, who is facing trial in Special Court I (Suppression of Terrorist Activities) Sindh, Karachi for an offence punishable under section 9 read with section 13-E of the Arms Ordinance, has moved this Constitution petition, for being treated as "B" class prisoner in the Central Prison, Karachi, for the period of his detention in said prison in respect of the said case.

2. Charge against the petitioner was, that on 17-7-1990 he was in possession and control of automatic weapons, namely, one L.M.G. (7.62 prohibited bore), one Klashnikov alongwith a magazine containing 28 live rounds, another Klashnikov alongwith a magazine containing 30 live rounds and one extra magazine containing 30 live rounds, which were secured in his presence from his Bungalow No.40-A, 4th Sunset Street, Phase II, Ext. Defence Housing Authority, Karachi.

3. Mr. Rashid A. Rizvi, learned counsel for the petitioner argued that the trial Court could not be approached for classifying the petitioner as prisoner of "B" class or of better class, because the trial Court was without Presiding Officer. Learned counsel referred to Rule 248 of the Rules for the Superintendence and Management of Prisons in Pakistan, and argued that the petitioner was entitled to better class, because by social status he was accustomed to a superior mode of living. In this respect it was argued that the alleged recovery took place from a bungalow, where the petitioner was living and that the petitioner was paying income-tax not as an individual, but as Director of a firm, namely, Messrs A. Majid & Sons (Private) Limited.

4. Mr. AA. Mohammadally, learned Additional A.-G. appearing for the State, conceded that he had no objection if the petitioner was given a particular class according to the Rules.

5. Rule 248 of the Rules for the Superintendence and Management of Prisons in Pakistan, states that there shall be only two classes of undertrial prisoners viz. (a) better class and (b) ordinary class. The better class will include those undertrial prisoners, who by social status, education or habit of life have been accustomed to a superior mode of living. The better class will correspond to classes "A" and "B" of convicted prisoners, while "Ordinary Class" will include all others and will correspond to "C" Class.

6. There is no dispute to the fact that the petitioner was arrested from Bungalow No.40-A, 4th Sunset Street, Phase II (Extension) of Defence Officers' Housing Authority, Karachi. The photo copies of certain documents filed in the case, show that Messrs A. Majid & Sons (Private) Limited has been paying income-tax to the Government. In said firm petitioner Shahid Bawani has 2,500 shares of Rs.10 each. Messrs A. Majid & Sons (Private) Limited was assessed to income-tax for the assessment year 1988-89 and was called upon to pay as tax Rs.2,39,

067. There is copy of tax payment receipt showing that Messrs A. Majeed and Sons Ltd. paid on 24-3-1987 Rs.55,755 as income-tax for the years 1974-75 to 1981-82.

7. The documentary evidence on the record shows that the petitioner by' social status is accustomed to a superior mode of living. On the basis of the record the petitioner is entitled to be classified as a prisoner of better class. Accordingly we accept this Constitution Petition and direct the respondents to extend the facilities of better class to the petitioner for the period he is detained in Central Prison Karachi in respect of the case mentioned above. N.H.Q./S-1014/K Petitioner accepted.