This is a petition under section 491 (e) of the Code of Criminal Procedure, for the transfer of Muhammad Anwar, at presently, confined in District Jail, Sahiwal, to a jail either at Kasur or Lahore.
2. Muhammad Anwar is an accused in four criminal cases, which are pending trial in the Court of Mr. Akhtar Ali Monga, Magistrate First Class, Chunian. The grievance of the petitioner is that on the dates fixed for hearing, Muhammad Anwar is not brought from Sahiwal, and as a result, the cases are adjourned "resulting in the delay of the trial", and causing inconvenience to the co-accused of Muhammad Anwar and the prosecution witnesses. It is- alleged that since no case is pending against the prisoner in Sahiwal District, his stay in Sahiwal Jail is neither necessary nor desirable. It is in the aforesaid circumstances, that the petitioner has sought an appropriate order from this Court for the transfer of Muhammad Anwar to the above said jail, namely, Kasur or Lahore.
3. When the petition came up before me on 22nd August 1972, I directed Mr. Kamal Mustafa Bokhari, Assistant Advocate-General, to make necessary inquiries into the allega--tions made by the petitioner and report, as to why, the prisoner was being kept in District Jail, Sahiwal, instead of places like Kasur or Lahore. On 29th August 1972, the learned Assistant Advocate-General, placed on record certain documents, which reveal that aforesaid Muhammad Anwar alias Jagga was a desperate and dangerous type of prisoner. He was accused of forming party factions in the jail, where he was placed, leading to serious disturbances. Since he was unmanageable in the District Jails, where he was placed, he was sent to be kept "under effective control in Central Jail, Sahiwal".
This was done under the orders of the Government.
4. Copy of letter No. 7688 dated 26th August 1972, from the Superintendent, District Jail, Lahore addressed to the Inspector-General of Prisons, Punjab, Lahore, has been placed on the record, It reveals that accused Muhammad Anwar alias Jagga son of Sardar Ali was received in Kot Lakhpat Jail at Lahore, on 30th November 1970, on administrative grounds from District Jail, Kasur, as his conduct and behaviour in that Jail was prejudicial to good order and jail discipline. It is pointed out that on arrival at Kot Lakhpat Jail, he did not mend his ways and behaviour and always tried to assume leadership of undesirable elements in the jail. He formed a group of goondas and tried to cow down the administration. Thus, under the orders of the Punjab Government, directing the jail authorities to restore discipline and control of the jail, with the help of Sutlej Rangers, an operation known as operation "Clean up" was carried out on 7th August 1972, and eighty prisoners including Muhammad Anwar alias Jagga were transferred to different jails in Pakistan, thus breaking up the party faction and splitting into groups of dangerous and influential prisoners. Muhammad Anwar was sent to Sahiwal along with twenty-five other prisoners. This action, as has been pointed out above, was taken under the orders of the Government of Punjab.
5. Section 491-E of the Code of Criminal Procedure provides that any High Court, may whenever it thinks fit direct that a prisoner within its limits be removed from one custody to another for the purpose of trial. The above provision of law makes it abundantly clear that action is to be taken under this provision of law for the purpose of speedy trial of cases. It was stated at the Bar by the learned Assistant Advocate---General and admitted by counsel for the petitioner, that Lahore is approximately fifty-five miles from Chunian, the place of trial, whereas, Sahiwal is about sixty miles from that place. This being the position, it would make no difference whatsoever, whether the prisoner is kept at Sahiwal or is brought back to Kot Lakhpat Jail. I have no reason to doubt that he was considered a dangerous and desperate prisoner and created disturbance in District Jail Kot Lakhpat, Lahore, and that is why, he has been sent to Central Jail, Sahiwal.
6. The question, however, would be, whether the lava allowed such transfer of the prisoner from Kot Lakhpat to Central Jail, Sahiwal. Subsection (2) of section 3 of the Prisons Act (Act IX of 1894) is to the effect that a "criminal prisoner" means any prisoner duly committed to custody under the writ warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court- martial. Subsection (3) of the same section defines "convicted criminal prisoner". He is a prisoner, who is serving a sentence of a Court or Court---martial and also includes a prisoner detained in prison under the provisions of Chapter VIII of the Code of Criminal Pro--cedure, or under the Prisoners Act, 1871. It is, therefore, evident, that Muhammad Anwar alias Jagga would be covered by the aforesaid definition of the term "criminal Prisoner". Section 29 of the Prisoners Act (Act III of 1900) deals with the removal of prisoners from one place to another. Subsection (1) of the said section, concerns only to prisoners, who have been convicted or are being kept in default of giving security for keeping peace for maintaining good behaviour in jail. These prisoners can be removed from one jail to another by a general or special order of the Provincial Government. Subsection (2) of the aforesaid section which deals with under-trials runs as follows:- "Subject to the orders and under the control of the Provincial Government, the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the Province to any other prison in the Province."
Rule 158 of the Punjab Jail Manual is to the effect:- "Nothing contained in these rules regarding the confinement of prisoners in jails, shall be deemed in any way to interfere with the powers of the Inspector-General to direct, in his discretion, by general or special order, that any class or classes of prisoners shall be confined in or transferred to any C jail or class of jails."
In view of the aforesaid provisions of law, there is no doubt in my mind that in order to restore law and order in District Jail, Kot Lakhpat, Lahore, Muhammad Anwar alias Jagga, who was a dangerous, desperate prisoner and ring leader of a group, could b.- transferred from the said jail to Sahiwal and this, in fact, has not caused any inconvenience to him nor it can be said to be a hurdle-in the way of the speedy trial of the cases pending against the aforesaid prisoner.
7. Thus, after giving careful consideration, to the facts brought on the record, I hold that the action taken by the respondents transferring Muhammad Anwar alias Jagga to Central Jail, Sahiwal, cannot be interfered with. There is no force in the petition and the same stands dismissed. The trial Court is directed to dispose of the cases pending against Muhammad Anwar alias Jagga as early as is feasible.