FAZAL MUHAMMAD vs SECRETARY, HOME DEPTT. PUNJAB and 4 others
This writ petition was filed under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, seeking a direction to transfer the petitioner's nephew, a death-row convict, from District Jail, Vehari, back to Central Jail, Faisalabad. The convict had been transferred following his alleged involvement in a riot at Central Jail, Faisalabad, which resulted in deaths and injuries to other prisoners. The petitioner argued that the convict was confined in a separate death cell and could not have participated in the riot, and further cited the difficulty of traveling to Vehari for visitation. The Court held that the petitioner failed to demonstrate any violation of the convict's fundamental rights. Finding that the convict was involved in a serious law and order situation, the Court declined to interfere with the administrative decision to transfer him. The petition was dismissed, though the Court directed the petitioner to approach the Inspector-General of Prisons, who was instructed to consider the request for transfer to a more accessible facility.
- Does the transfer of a prisoner from one jail to another violate a fundamental right if it causes inconvenience to the prisoner's family?
- Can the High Court interfere with the administrative decision of prison authorities to transfer a prisoner involved in a jail riot?
- Is a prisoner's confinement in a death cell sufficient evidence to prove non-participation in a general jail riot?
- Article 199, Constitution of the Islamic Republic of Pakistan 1973
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
IJAZ AHMAD CHAUDHRY, J.--- Through this writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 the petitioner seeks a direction from this Court to the respondents to shift the petitioner's nephew namely Ahmad Ali alias Ahmi from District Jail Vehari to Central Jail, Faisalabad.##TE#
2. Brief facts of the case are that nephew of the petitioner namely Ahmed Ali alias Ahmi son of Nosher was accused in case F.I.R. No 279 registered at Police Station Sadar, Faisalabad on 13-7- 1992 in respect of offences under sections 302/109/148/149, P.P.C. And finally he was awarded death sentence by the learned trial Court vide judgment dated 31-10-2008 whereas his co-accused had been acquitted. The petitioner had filed appeal before this Court which was dismissed and then he had opted to challenge his sentence before the Hon'ble Supreme Court of Pakistan through Criminal Petition No,551-L of 2009 wherein leave had been granted to him on 24-6-2009. The said nephew of the petitioner was confined in Death Cell when on 31-1-2010 riot and disturbance had taken place in Central Jail, Faisalabad. Number of prisoners have received injuries and three prisoners have lost their lives. The nephew of the petitioner was found involved in the above said incident, therefore, he has been shifted to District Jail, Vehari, hence the instant writ petition for his re-shifting to Central Jail, Faisalabad.
3. The learned counsel for the petitioner has contended that the nephew of the petitioner was confined in separate barrack of death sentence so he had no access to the other prisoners or even members of riot to participate in, disturbance happened in Central Jail, Faisalabad, thus, he is liable to be shift back. It has been maintained that the legal heirs of the convict had already died and it is very difficult for the petitioner to meet his nephew at Vehari after making a long travelling.
4. On the other hand the learned Assistant Advocate- General has maintained that the matter had already been settled in Writ Petition No,319, titled as Mst. Sakina Bibi v. Superintendent, Central Jail, Faisalabad, etc. Vide order dated 8-2-2010.
5. After hearing the learned counsel for the parties and going through the documents appended with this writ petition I have noticed that the petitioner has not been able to show which of his nephew's fundamental right is being endangered by his shifting from Central Jail, Faisalabad. It has been noticed that a lot of disturbance was created by the convict prisoners of Central Jail, Faisalabad and the nephew of the petitioner also created serious law and order situation and he allegedly looted State property including jail factory articles along with hundred of other criminal elements on 30-1-2010 and 31-1-2010 During that riot three innocent prisoners have lost their lives while many have received injuries. Even otherwise on the same score this Court has already delivered verdict in Writ Petition No, 2319 of 2010. In such circumstances I am not inclined to interfere into the matter and this petition is, therefore, dismissed.##TE# However, the petitioner is directed to approach the Inspector-General of Prison in this regard who is directed to consider the case of the nephew of the petitioner for shifting him in Central Jail, Faisalabad or any other jail which is easily approachable for the petitioner to see his nephew.