Friday, 10 August 2012

Conjugal rights of a prisoner

Prisoner can meet his wife and children in Pakistan according to the provisions of this judgment..

  Citation Name  : 2010  PLD  1     FEDERAL-SHARIAT-COURT
  Side Appellant : Dr. MUHAMMAD ASLAM KHAKHI
  Side Opponent : STATE
                        R. 545-A---Constitution of Pakistan (1973), Arts.203-DD, 25(3), 35 & 38---Family life of prisoners---Special meetings---Conjugal Oriented Parole Scheme---Federal Shariat Court appreciated the introduction of Rule 545-A in the Pakistan Prisons Rules, 1978 and remarked that "indeed it was a welcome start"---Court also observed that the Home Department can formulate a policy wherein the married prisoners, except lifers and condemned prisoners, are enabled and encouraged, subject to all necessary and reasonable conditions, to avail a week's parole every four month in the larger interest of maintenance of family life---Spouse and child ren of the accused have a legitimate  claim upon the latter---Family union of the condemned prisoners and lifers can be arranged in the family quarters within the prison walls; it will not only have a salutary effect upon the prison population but these steps will be ;positive measures towards reduction of some problems arising on account of over population in the prisons---Shariat Court hoped that all the Provincial Governments will consider the matter particularly relating to family life of prisoners, and make amends by extending on the one hand the scope of amended Rule 544, but also take positive steps to introduce Conjugal-Oriented Parole Scheme in appropriate cases and also initiate family reunion on auspicious occasions within the prison precincts in the larger interest of preservation of family life---Court further hoped that necessary action will be taken by the end of 2010 and a report to that effect will be sent by the Secretaries Home of all the Provincial Governments, Secretary Interior, Government of Pakistan will also send his own report containing an objective assessment as regards the efforts made and steps taken in this regard---Said reports must reach the Registrar of Federal Shariat Court by 31-1-2011 whereafter this aspect of the case will be examined in February, 2011.

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