Friday, 10 August 2012

Illegal Confinement of women and children

The following judgment of Federal Shariat Court addresses the illegal confinement of women and children in a beautiful manner..


                                                                       
  Citation Name  : 2010  PLD  1     FEDERAL-SHARIAT-COURT
  Side Appellant : Dr. MUHAMMAD ASLAM KHAKHI
  Side Opponent : STATE
                       
                        Rr. 307 & 314---Constitution of Pakistan (1973), Art.203-D---Confinement of women prisoners and innocent child ren---Vires of Rr.307 & 314, Pakistan Prisons Rules, 1978 on the touchstone of Injunctions of Islam---Federal Shariat Court observed that there is nothing at all either in R.307 or. R.314 of the Prisons Rules, 1978 which violates Injunctions contained in Ayat 151 Sara 6 of Holy Qur'an on the contrary R.314 specifically mandates that male officer can enter only if he has a legitimate  duty to attend to, and is accompanied by the woman warder all the time he remains inside such ward or enclosure---Such is not conceivably covered by the mischief of the term Fawahish i.e. lewdness---Government, at the most, may consider, defining the scope of the word "necessary" occurring in R.314, Pakistan Prisons Rules, 1978 and may restrict the noctural visits only to situation when a prisoner needs emergent medical care, or there are riotous conditions in the barrack, a clamity like fire or an earthquake has damaged the enclosure---Every such visit of senior officers may by law be required to be recorded and its intimation sent to the Inspector-General Prisons next morning telephonically as well as in writing.

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