Mst. RUQIYA BEGUM vs SUPERINTENDENT DISTRICT JAIL, JHELUM
This matter arises from a writ petition filed by a petitioner seeking to restrain the authorities from transferring her husband and four sons, who are condemned prisoners serving life imprisonment in District Jail Jhelum, to another jail pending the disposal of their criminal appeal. The core legal question is whether prisoners whose criminal appeals are pending can be transferred from a district jail to a central jail under the applicable prison rules and policies. The Lahore High Court held that the petition lacks merit and dismissed it. The court reasoned that while Rule 161 of the Pakistan Prisons Rules directs that prisoners ordinarily should not be transferred while their appeal is pending, this is explicitly subject to the provisions of Rule 152, which requires prisoners sentenced to more than ten years to be shifted to a central jail. The key principle laid down is that the general rule against transferring prisoners during pending appeals yields to the statutory requirement and administrative policy of transferring long-term prisoners to central jails for proper confinement and better facilities.
- Can condemned prisoners be transferred from a district jail to a central jail while their criminal appeal is pending?
- Whether Rule 161 of the Pakistan Prisons Rules prohibits the transfer of prisoners whose appeals are undecided?
- Does the requirement under Rule 152 of the Pakistan Prisons Rules override the general prohibition on transferring prisoners during pending appeals?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Rule 161, Pakistan Prisons Rules
- Rule 152, Pakistan Prisons Rules
ORDER
CH. MUHAMMAD TARIQ, J.---Learned counsel for the petitioner contends that the petitioner is a poor old and ailing lady whose husband, namely, Amer Khan and four sons have been convicted and sentenced to life imprisonment in case F.I.R. No.179 of 2008, under sections 302/148/149, P.P.C. All the convicts are confined in District Jail, Jhelum as condemned-prisoners. The respondent intends to transfer the convicts to some other jail, therefore, this writ petition be accepted, respondents be restrained from transferring the above-said convicts to any other jail till the final disposal of criminal appeal pending before High Court. Learned counsel has relied upon Rule 161 of Pakistan Prisons Rules.
2. ConVersely, learned A.A.-G. Has vehemently opposed this writ petition and has also submitted report and parawise comments by the respondent. He contends that according to rule 152 of Pakistan Prisons Rules, the condemned prisoners who have been sentenced for more than 10 years are required to be shifted to central jail, so, as a policy and as per law the respondent can transfer the convicts to Central Jail, Rawalpindi.
3. Arguments heard. Record perused.
4. Admittedly, all the five convicts have been convicted and sentenced to life imprisonment. The provisions of Rule 161 relied upon by the learned counsel for the petitioner is reproduced as under: - - "Rule 161---(1) Subject to the provisions of rule 152, prisoners shall not ordinarily be transferred from the prison to whom they were in the first instance committed until the result of the appeal is known or if appeal is not preferred, the time for appealing has elapsed"
The language of Rule 161 is of directive nature which provides that ordinarily the prisoners shall not be transferred from one prison to another if their appeal is pending. While Rule 152 of Pakistan Prisons Rules and affiliation policy provides that convict prisoners having sentenced for more than 10 years are required to be shifted to central jail because long term prisoners cannot be retained at District Jail as required under the affiliation policy. Further, shifting of convicts from District Jail, Jhelum to Central Jail, Adiala, (Rawalpindi), does not create any inconvenience to the petitioner because Central Jail Adiala, Rawalpindi, possesses with better facility and it is not much far from District Jail, Jhelum. The instant writ petition is without any merit. The same is dismissed.