2011 P Cr (PLP)
Mst. RUQIYA BEGUM — Petitioner Versus SUPERINTENDENT DISTRICT JAIL, JHELUM — Respondent
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. RUQIYA BEGUM — Petitioner Versus SUPERINTENDENT DISTRICT JAIL, JHELUM — Respondent |
| Primary Law | Pakistan Prisons Rules, 1978 |
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?
This judgment primarily cites: Pakistan Prisons Rules, 1978 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (Mst. RUQIYA BEGUM — Petitioner Versus SUPERINTENDENT DISTRICT JAIL, JHELUM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Farhan Mudassar for Petitioner.
- Shahid Mahmood Abbasi, A.A.-G. for Respondent.
Headnotes / Summary
Rr. 161 & 152
Penal Code (XLV of 1860), Ss. 302(b)/149 & 148
Constitution of Pakistan, Art. 199
Qatl-e-amd, rioting armed with deadly weapons
Prevention of transfer of prisoners from one jail to another jail
Husband and four sons of the petitioner sentenced to imprisonment for life, were confined in District Jail, `J'
Respondent Superintendent of the said jail through the present petition was sought to be restrained from transferring the prisoners to any other jail till the final disposal of their criminal appeal before High Court
Rule 161 of Pakistan Prisons Rules, relied upon by petitioner, was directory in nature, which provided that ordinarily the prisoners shall not be transferred from one prison to another prison, if their appeal was pending
While Rule 152 of Pakistan Prisons Rules and affiliation policy provided that convict prisoners sentenced to more than ten years were required to be shifted to Central Jail, because long term prisoners could not be retained at District Jail, as required under the affiliation policy
Further, shifting of the aforesaid prisoners from District Jail, to Central Jail, 'A', would not create any inconvenience to the petitioner, which had better facilities and was not much far from District Jail `J'
Constitutional petition was dismissed accordingly.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
Learned counsel for the petitioner contends that the petitioner is a poor old and ailing lady whose husband, namely, Amer Khan and four sons have been convicted and sentenced to life imprisonment in case F.I.R. No.179 of 2008, under sections 302/148/149, P.P.C. All the convicts are confined in District Jail, Jhelum as condemned-prisoners. The respondent intends to transfer the convicts to some other jail, therefore, this writ petition be accepted, respondents be restrained from transferring the above-said convicts to any other jail till the final disposal of criminal appeal pending before High Court. Learned counsel has relied upon Rule 161 of Pakistan Prisons Rules.
2. Conversely, learned A.A.-G. has vehemently opposed this writ petition and has also submitted report and parawise comments by the respondent. He contends that according to rule 152 of Pakistan Prisons Rules, the condemned prisoners who have been sentenced for more than 10 years are required to be shifted to central jail, so, as a policy and as per law the respondent can transfer the convicts to Central Jail, Rawalpindi.
3. Arguments heard. Record perused.
4. Admittedly, all the five convicts have been convicted and sentenced to life imprisonment. The provisions of Rule 161 relied upon by the learned counsel for the petitioner is reproduced as under: "Rule 161
(1) Subject to the provisions of rule 152, prisoners shall not ordinarily be transferred from the prison to whom they were in the first instance committed until the result of the appeal is known or if appeal is not preferred, the time for appealing has elapsed" The language of Rule 161 is of directive nature which provides that ordinarily the prisoners shall not be transferred from one prison to another if their appeal is pending. While Rule 152 of Pakistan Prisons Rules and affiliation. policy provides that convict prisoners having sentenced for more than 10 years are required to be shifted to central jail because long term prisoners cannot: be retained at District Jail as required under the affiliation policy. Further, shifting of convicts from District Jail, Jhelum to Central Jail, Adiala, (Rawalpindi), does not create any inconvenience to the petitioner because Central Jail Adiala, Rawalpindi, possesses with better facility and it is not much far from District Jail, Jhelum. The instant writ petition is without any merit. The same is dismissed. N.H.Q./R-21/L??????????????????????????????????????????????????????????????????????????????????? Petition dismissed.