Manzoor Ahmad was directed to be released forthwith if not required in any other case on 30th of October 1978. He had challenged the validity of sentence of fine imposed upon him and in lieu of ton-payment of fine further sentence of three months. It was found that the sentence of fine and further sentence of three months in lieu of its non-payment could not be imposed upon him under the relevant provisions of law.
The office instead of informing the Jail authorities concerned about the aforesaid order of this Court and getting hiq release effected sent a copy of the order to the Chairman. Summary Military Court for compliance. The detenu was not released as the Jail authorities were not informed about the order.
3. , Present criminal miscellaneous petition was filed accordingly. This Court directed the office on this petition to send legal process to the Superintendent, Kot Lakhapat Jail, Lahore, for the forthwith release of Manzoor Ahmad. The process was to be sent through a special messenger on the day when the order was passed.
4. Mi. Ishtiaq Ali, an official of this Court was sent as special massenger by the office to Kot Lakhpat Jail, in compliance with the aforesaid order. He reached there at about 6-45 p.m. The gate-keeper of the Jail however, did not allow him to enter the jail premises. According to the report submitted 'by the special massenger the Deputy Superintendent, Jail, conveyed to him that no released order could be received after the sunset under the Pakistan Prison Rules. He asked the special massenger to come in the morning. The said massenger insisted that if the aforesaid order was not to be received then report in this behalf should be made 'by the Deputy Superintendent, Jail. At this according to the report of the special massenger the Deputy Superintendent, Jail, got infuriated and asked the gatekeeper to turn him out. At this the special massenger came out of the main- gate and he was followed by the Deputy Superintendent, Jail who after some discussion gave in writing that the release order could not be received after the office hours as. Provided under Pakistan Prison Rules.
5. At this report the learned A. A.-G. Was asked to direct the Deputy Superintendent, Jail to appear in the Court on 18th of November 1978. The Deputy Superintendent, Jail, accordingly appeared in Court on the aforesaid date and was asked to submit his reply to the report of the special massenger, which has since been submitted. He has repeated the same excuse in reply indicating that the release order could not be received after the office hours and the release of the detenu could only be effected on the next day in the morning. The learned A. A.G. Who appeared on behalf of the Deputy Superintendent, Jail, has relied upon rule 120 of the Pakistan Prison Rules to the effect that no prisoner shall be released after the hour of lock-up or before the opening of the prison _ on any day. Prisoners shall ordinarily be released in the forenoon, and every prisoner whose release has been ordered by a Court on any working day, shall be released on the same day, as soon as possible after the receipt of the release order. Rule 725 of the Pakistan Prison Rules further provides that no barrack shall be opened during the night except in cases of urgent necessity.
6. The learned A. A.-G. Has argued that since no prisoner can be released after the hour of lock-up or before the opening of the prison, therefore,. The order of this Court carried by a special massenger could not be received after the lock-up was completed. I am afraid this contention. Has no force in the, given circumstances. Para. (iii) of rule 120 of the Pakistan Prison Rules provides that every prisoner whose release has been ordered by a Court on any working day, shall be released on the same day, as soon as possible after the receipt of the release order. It mean that in case of an order releasing a prisoner the same should be received irrespective of the time as mentioned in paras. (i) and (ii), of rule 120.1 Even in case of urgent necessity barrack can be opened even during the night for the purpose of effecting the release of a prisoner. The aforesaid provisions of law show that when a Court passes an order releasing a' prisoner then the same has to be honoured the same day as soon as possible after the release order is received. Such order even communicated during the night being of urgent necessity has to be honoured. After the detention of a person has been held to be illegal and without lawful authority as in the present case his detention even for few minutes after the receipt of order without any valid reason is unlawful and aims at defying the order of this Court. In the present case the detenu was sentenced to pay fine and in case of non- payment of fine he was to undergo further imprisonment for three months. This order was held to be without jurisdiction and a special massenger was sent under the orders of the Court to get the release of the detenu effected. This order as provided in rule 120 (ill) and rule 725 of the Pakistan Prison rules, should not have been refused to be received. The Jail authorities are obliged under the law to honour such orders immediately after their receipt.
7. The Deputy Superintendent, Jail, has denied the allegation of misbehaving with the special massenger and has stated that during the last 18 years or so there has been no such complaint against his conduct. He has, however, tendered unconditional apology in this behalf for allegedly misbehaving with the special massenger and for showing disrespect to the order of this Court.
Since he has tendered unconditional apology and placed himself at the mercy of this Court, therefore, I don't want to proceed further against him. It is, however, clear in view of the above discussion .That he was obliged under the law to receive the release order issued by the office of this Court and release Manzoor Ahmad forthwith in compliance with the order of the Court. ,
8. The Criminal Miscellaneous stands disposed of in the light. Of the observations made above.