Friday, 10 August 2012

There are rules of Prison in Pakistan

Rules of prison are actually defined in Pakistan Prisons Rules 1978. However the following judgment expresses the very fact beautifully...


  Citation Name  : 2010  PLD  1     FEDERAL-SHARIAT-COURT
  Side Appellant : Dr. MUHAMMAD ASLAM KHAKHI
  Side Opponent : STATE
                       
                        R. 84---Constitution of Pakistan (1973), Art.203-D---Restrictions on prisoners to issue cheque---Vires of R.84, Pakistan Prisons Rules, 1978 on the touchstone of Injunctions of Islam---Federal Shariat Court observed that provision of R.84 of Pakistan Prisons Rules, 1978 is violative of the various Injunctions of Islam as enumerated in Ayaat 60, 168, 172 and 187 of Chapter 2; Ayaat 4 and 88 of Sura 5; Ayaat 141-142 of Sura 6; Ayat 160 Sura7; Ayat 14 Sura 16; Ayat 81 Sura 20; Ayat 28 Sura 20 and Ayat 15 Sura 34 of Holy Qur'an which makes it abundantly clear that every person is entitled to use his income in any lawful pursuit /occupation/trade that he likes---Every believer is legally responsible to defray the expenses of his wife and child ren---No law or a provision of law can abridge or adversely affect the legal responsibility of a prisoner to maintain his family---Cheque book of a prisoner may be retained in safe custody and in order to ensure the genuineness of the cheque issued by a prisoner, the Superintendent or Deputy Superintendent of prison can be authorized to counter sign the cheque issued by the prisoner but the condition of seeking permission from District Co-ordination. Officer for an amount exceeding Rs.5,000, as visualized by clause (c) of Rule 84, is an unwarranted clog on the exercise of a right which, according to the Holy Qur'an is an innate ingredient of the legal. capacity of an adult---Cheques can be issued as and when the prisoner wants provided the amount of money lying in the Bank is not subject-matter of any offence like cheating, theft, burglary or some other illicit means---Accused or a convict involved in other offences would be entitled to the concession of issuing cheques or giving advice to the financial Institution/Insurance Companies---Rule, instead of providing facilities creates difficulties for the internees which hurdle in itself is violative also of the tradition of the Holy Prophet (p.b.u.h.) in which the Muslims have been directed to create conditions which make things easy for the people rather than difficult---Said Rule is violative of the Principle of Usar and Yusar as enunciated in Ayat 185 Sura 2 and Ayaat S and 6 of Sura 94 of the Holy Qur'an and is an un-necessary obstacle in earning Rizk-e-Halal which is the fundamental right of every human being---Holy Qur'an exhorts believers to earn livelihood through legitimate  means---Rule 84 shall cease to have effect from 1-12-2009 during which period necessary amendments or deletion may be made in Chap. 4 of the Pakistan Prisons Rules, 1978.

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