1. ' SAEEDUZZAMAN SIDDIQUI, J.---H.R. Case No, 40/92 was taken up by this Court as a Human Right Case on the basis of a letter received from Ansar Burney Welfare Trust, dated 6-5-1992 which reads as follows:-- "His Lordship, ' Mr. Justice Muhammad Afzal Zullah, ' The Chief Justice of Pakistan, Rawalpindi.
2. ' Re: Prisoners at Local Jails. Your Lordship, ' May have the pleasure most graciously to request your Lordship that an order may be directed to the respective Governments of Provinces of Pakistan that all the prisoners may only be kept in their local District/Division's jails though the relatives of the prisoners may have easy access to see them.
3. ' Ansar Burney Welfare Trust has strong hope that your Lordship may observe the matter within the boundaries of sympathy, justice and in the greater interest to provoke Human Rights for the crying and suffering Humanity.
4. ' Looking for your Lordship's effective and early response. Most optimistically depending with best wishes and all respects.
5. ' Yours in Respect, (Sd.)
6. ' Sayed A. Tajwar, ' Lawyer "Ansar Burney Welfare Trust."
7. ' In the meantime another application, received by this Court from a prisoner named Khan Muhammad son of Nazir Ahmed, confined in Kot Lakhpat, Central Jail, Lahore, addressed to the Hon'ble Chief Justice, was also linked with the above case. Reports were called for from the Inspectors-General (Prisons) of all the 4 Provinces which have since been submitted by them. It appears from the reports received from the four Provincial Inspectors-General (Prisons) that in so far undertrial prisoners are concerned, they are kept in Jail to which they are remanded by the Courts. However, their comments in respect of convicts may be summarized as follows:-- BALOCHISTAN: ' The Inspector-General (Prisons), Balochistan, Quetta, in his comments has stated that the Province of Baluchistan is a backward province with very meagre resources. It has, in all 10 jails of various categories and out of them only three are suitable for keeping prisoners of various kinds while rest of the jails are not suitable being `Katcha' and indilapidated condition. It is also stated that these `Katcha' and deplidated jails lack proper security arrangement for keeping the prisoners.
8. He has finally stated that the Government of Balochistan is making efforts to improve the conditions of jails by incurring huge expenses but in the present circumstances in the absence of adequate number of jails at different places, it is not possible to keep the prisoners in jails at their home districts.
9. ' N -W.F.P : ' The Inspector-General (Prisons), N.-W.F.P., Peshawar, in his comments has relied on the letter dated 22-4-1989 laying down the policy for keeping the convicts in jails which reads as follows:-- "(1) All casual convicts including those convicted for addiction to narcotic substances belonging to Mardan, Hazara and Malakand Divisions (excluding Chitral District) shall be transferred to Central Prison, Haripur for confinement.
(2) All casual convicts including those convicted for addiction to narcotic substances belonging to Peshawar Division, Orakzai Agency F.R. Kohat and Chitral District shall be transferred to Central Prison, Peshawar for confinement.
(3) All casual convicts including those convicted for addiction to narcotic substances belong to D.I.
10. Khan Division, Kurram Agency, Kohat and Karak District shall be transferred to Central Prison, D.I.
11. Khan for confinement.
(4) All casual adolescents/Juvenile convicts, R.B. Patients and Special Class Prisoners (A & B) shall be transferred to Central Prison, Haripur.
(5) All convicted female prisoners in the Province shall be transferred to Female Section of Central Prison, Peshawar.
(6) All habitual adults and habitual adolescent convicts shall be transferred from all over the Province to the Central Prison, D.I. Khan for confinement.
(7) All casual convicts sentenced under Dacoity, Kidnapping, Explosive Substances Act, Heroin Smugglers/Dealers/Racketeers, Escapees and Counterfeit Currency Notes Dealers shall be transferred to Central Prison, D.I. Khan for confinement.
(1) District and Sub-Jails in the Province shall not keep convicted casual prisoners in their jails except those casual short term convicts of less than two years/one year respectively, who are actually required for prison services. The number of convicts retained for prison services shall, in no case exceed the prescribed percentage.
(2) The following jails shall be responsible to provide short-term prisoners (prisoners with less than two years/one year unexpired portion of sentence) for prison services and regimental duties to the jails noted below, on demand without fail:--
(1) CENTRAL PRISON. PESHAWAR: To District Jail Dir, Sub-Jail, Charsadda, Judicial Lock-up Swabi and Judicial Lock-up, Nowshera.
(2) CENTRAL PRISON HARIPUR: To District Jail, Abbottabad, District Jail, Swat, District Jail, Mardan, Sub-Jail Mansehra, Sub-Jail Timergara at Chakdarra and Sub-Jail Dassu (Kohistan).
(3) CENTRAL PRISON. D.I. KHAN: ' To District Jail, Bannu, District Jail, Kohat, Sub-Jail Lakki and Judicial Lock-up Tank."
12. SINDH: ' The I.-G. (Prisons), Sindh, Karachi in his comments has stated that confinement of convicted prisoners depends on conditions and circumstances as laid down in Chapter 7 of Pakistan Prison Rules, namely, Rules 147 to 162.
13. ' He has stated that in view of the provisions of Jail Manual, it is not practicable and possible to keep prisoners in Local District and Divisional Jails.
14. PUNJAB: ' The I.-G. (Prisons), Punjab in his comments has stated that Punjab Prisons Inspectorate has already circulated its affiliation policy for transfer/confinement of prisons nearer to their home districts. Alongwith his comments, the I.-G. (Prisons), Punjab has supplied a list of prisons in Punjab in which convicts are confined according to the length of their sentences. From the above summary of comments it is quite clear that except for the Province of Punjab, the Jail Authorities in the other provinces are not following the policy that the convicts be kept in a jail which is nearer to their home town. No doubt in respect of Province of Balochistan, the Jail Authorities have expressed that in view of the absence of adequate number of proper jail premises in all the Districts, it is not possible to follow the above policy but no such difficulties are expressed by the Inspector-Generals (Prisons) of Sindh and N.-W.F.P. There appears to be no legal impediment in following the policy of keeping the prisoners nearer to their home town. All the Inspectors-General (Prisons) in their respective comments have referred to the Pakistan Prison Rules for transfer of prisoner from one prison to another. Rule 159 of the Pakistan Prison Rules makes it obligatory on the Jail Authorities to transfer a prisoner to the prison of his home district 30 days before his release. Therefore, keeping a prisoner nearer to his home district is quite in accord with the spirit of the Prison Rules. Rule 158 of the Prison Rules reads as follow: -- "158. Nothing contained in these rules regarding the confinement of prisoners in prisons, 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 prison or class of prisons."
15. The above-quoted rule vests the Inspector-General (Prisons) vast discretion to direct by general or special order that any, class or classes of prisoners may be confined in or transferred to any prison or class of prisons. We therefore, see no difficulty in following a uniform policy by all the four Provinces, as far as practicable, to keep the prisoners nearer to their Home District which besides being in consonance with the spirit of the Prison Rules will go a long way to alleviate a human problem. However, before passing any final order in the case, we would like to hear the Advocates- General of the four Provinces to ascertain their view in the matter. The office is, accordingly, directed to issue notices to Advocates-General of all the four Provinces along with copy of above orders to appear on the next date of hearing to place the views of their respective Governments Adjourned to a date in office. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.