Punjab Jail Manual

Undertrial prisoners involved in thirty cases out of which twenty-eight related to dacoities, one to murder and three to Hudood Ordinance

Superintendent of Prisons was empowered to impose fetters on dangerous prisoners

Fetters were provided as a punishment as well as precautionary measures in relation to dangerous prisoners

Such power is confined upto maximum period of six months and thereafter permission (if Inspector-General of Prisons is required

No such endorsement of Superintendent Jail on history sheet of undertrial prisoner/petitioner existed but there was an endorsement to the effect that sanction of Inspector-General Prisons had been obtained

Superintendent of Prisons in a letter written to Inspector-General of Prisons had sought his permission to put fetters to certain undertrial prisoners which included name of petitioner

Action taken by Superintendent of Prisons held, was not mala fide in circumstances.

Paras. 1165 & 1167-Seniority of Assistant Superintendents of Jail-Determined on basis of results of departmental examination-Upheld by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4.

S. 57 (as amended by Law Reforms Ordinance (XII of 1972)1 read with Punjab Jail Manual, para. 34(d)-Commutation of sentence-Retrospectivity of Legislation-Words "shall be deemed" in para. 34(d)Mean to apply order of commutation of sentence since date of sentence retrospectively-Amendment in S. 57 introduced by Law Reforms Ordinance, 1972-Not retrospective in effect.-[Sentence-Interpretation of statutes].

R. 11(2)-Presumption-Change in prisoner's task duly entered in history ticket-Prisoner presumed to have been informed or have known such change in task-Prisoner not making any representation to authorities in matter-Presumed to have impliedly acquiesced Question of validity of change in task in circumstances, held, could not be gone into in writ petition.-[Writ].

S. 344 read with Prisoners Act (III of 1900), Ss. 3 & 29 and Punjab Jail Manual, para. 148-Under-trial prisoner, detention of-Power conferred on Government under S. 29 of Act III of 1900 with regard to removal of prisoners - Not exerciseable in respect of under-trial prisoners-Under-trial prisoner cannot (save by order of court) be shifted or transferred from custody of officer-in- charge of prison (to whom custody of prisoner given by warrant issued by Court) to any other person or authority-Under-trial prisoner involved in number of cases pending trial at L-Transfer of prisoner from Jail at L to Central Jail at S on direction of Inspector-General of Prisons with concurrence of District Magistrate-Held t Without lawful authority.- (Custody).

Ss. 29 & 31 read with Punjab Jail Manual, 1955-Prisoners, rights of-To be treated like human beings, looked after for physical and mental health and provided facilities of good food;

S.9(3), (5) read with Punjab Jail Manual, Ch. XXIII,. rr. 548 & 555-Prisoner can address communications to Government or Government officers in their official capacity-Jail authorities under obligation to afford facilities for purpose - Printers and Publishers forfeiting declarations under S. 9(3) cannot plead inability to apply, to District Magistrate under subsection (5) on account of their being lodged in jail.

Action of jail authorities gutting undertrial prisoners in fetters in jail premises-Must be based on specific order supported by special reasons with reference to specific entries in history tickets and other relevant registers

Specific procedure prescribed in para. or imposing fetters on prisoners

Mandatory in nature and cannot be dispensed with Punjab Jail Manual, paras. 388, 626, 654(ii), 658, 661, 732 & 1010-Constitution of Pakistan (1972), Art. 201.

Punjab Jail Manual Chap. III, Paras. 28 & 29Admission of prisoners-Duty of Jail Superintendent-Not to act as silent spectator-Superintendent bound to check legality and correctness of warrant.

Art. 6 (I)-Prisoners Act (III of 1900), S. 3-Penal Code (XLV of 1860), S. 224-Criminal Procedure Code (V of 1898), S. 54 fifthly and Punjab Jail Manual, rr. 619 & 625-Person, tried by Military Court under Martial Law Regulations and convicted to 7 years' R. I., obtaining in collusion with prison authority illegal and fraudulent release prior to expiry of full term of imprisonment-Liable to be arrested and detained in Jail, on authority of original warrant, to serve out remaining period of sentence.