MUHAMMAD AHMED KHAN vs Raja FARHAT IQBAL and another
This criminal revision application, filed under sections 435 and 439 of the Code of Criminal Procedure 1898, challenges an order passed by the Sessions Judge, Karachi West, which granted the respondent superior class status in jail. The core legal question was whether the respondent met the criteria for 'better class' classification under the Pakistan Prison Rules, specifically regarding educational qualifications and social status. The High Court held that the trial court misinterpreted Rule 248(b)(iii) of the Pakistan Prison Rules. The Court observed that the respondent’s status as a graduate from the Faculty of Arts did not constitute an 'exceptionally high education' or 'professional qualification' sufficient to warrant superior class treatment. Furthermore, there was no evidence presented to demonstrate that the respondent was accustomed to a superior mode of life or suffered from a serious disease justifying such classification. Consequently, the High Court set aside the impugned order, emphasizing that the criteria for better class status must be strictly satisfied based on the specific requirements of the Prison Rules.
- What criteria must be satisfied for a prisoner to be granted 'better class' status under Rule 248(b)(iii) of the Pakistan Prison Rules?
- Does a simple graduate degree satisfy the requirement of 'exceptionally high education' for the purpose of jail classification?
- Can the High Court interfere with a trial court's order regarding jail classification under its revisional jurisdiction?
- Section 435, Code of Criminal Procedure 1898
- Section 439, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Rule 248(b)(iii), Pakistan Prison Rules
ORDER
1. I & 2. By this application, filed under sections 435/439, Cr.P.C. Applicant, Muhammad Ahmed Khan, has impugned the order dated 4-2-2003 passed by learned Sessions Judge, Karachi West holding entitled respondent No,1 to superior class in jail where he was confined in a case (bearing Sessions Case No,251 of 2001 - F.I.R. No,61 of 2001 of Police Station Jackson, Karachi-West registered under section 302/34, P.P.C.) and has prayed for setting aside such order. I have heard and considered the arguments advanced by the learned counsel appearing for respective parties and also gone through the record produced before me.
2. The ingredients of section 435, Cr.P.C. Reveal that legality, correctness and propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of the judgment impugned may be interfered under revisional jurisdiction of this Court. In the impugned order the learned District and Sessions Judge, Karachi-West has misinterpreted the provision of Rule 248(b)
(iii) of Pakistan Prison Rules. Such rule provides that if the Court, competent to try a prisoner, is satisfied that the prisoner by reasons of his exceptionally high education A or professional qualification or his status is accustomed to a superior mode of life may, by an order in writing with reasons thereof, classify such prisoner as better class. The perusal of the impugned order reveals that the accused is only a Graduate from Karachi University, Faculty of Arts and neither any other qualification has been mentioned which can show that the accused is an exceptionally highly educated or professionally qualified nor any evidence is brought on record to show that the accused has status of superior mode of life. Moreover, accused has not been reported to have been suffering from serious disease which could have been an alternate ground for granting him better class in jail.
3. In my view, the order impugned in this revision application, calls interference by this Court and accordingly I allow this revision application, set aside the impugned order dated 4-2-2003 passed by the learned District and Sessions Judge, Karachi-West. Criminal Miscellaneous Application No,77 of 2003 stands disposed of.