Law: Pakistan Prisons Rules, 1978

Section: Rr.326,327,328

Law: Constitution of Pakistan, 1973

Section: 35

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Pakistan Prisons Rules--- ----Rr. 326 & 327---Woman prisoner could keep her child with her in prison till the age of six years. Verse 233 of Sureh Baqarah and Sahee Muslim Sharif on Serial No. 4432 fol. (b) Islamic Law--- ----Custody of minor---Suckling baby---Feeding the suckling baby is of great importance and sentence of woman prisoner could be postponed while the child was being fed by his/her mother---Child could not be deprived of such right if mother was available and willing to feed the child. Verse 233 of Sureh Baqarah and Sahee Muslim Sharif on Serial No. 4432 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas Corpus petition---Temporary custody of minor---Scope---Efficacious and speedy remedy---Scope---High Court was empowered to issue directions in the nature of habeas corpus if the custody of minor was illegally or improperly disturbed---Section 491, Cr.P.C. provided more efficacious, speedy and appropriate remedy in a case of illegal or improper custody of minor---High Court could pass order regarding the temporary custody without prejudice to the rights of the parties for final determination of the dispute pertaining to the custody of the minor by the Guardian Court. Mst. Shahista Naz v. Muhammad Naeem Ahmed and another 2004 SCMR 990 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 491---Pakistan Prisons Rules, 1978---Rr.326, 327 & 328---Constitution of Pakistan, Art. 35---Habeas Corpus petition---Custody of minor (girl)---Suckling baby---Mother, confined in prison---Child to be allowed to remain with mother in prison---Scope---Duty of State---Principle of protection of family---Scope---Mother, confined in prison, filed petition for custody of her suckling baby---Legality---Woman prisoner could keep their children with them in prison till they attain the age of six years---State had to provide the diet and clothing for the child in every manner in all situations---State was responsible to provide every basic need to the minor and the mother whether she was in judicial custody or otherwise---High Court allowed the mother to retain the minor with her. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI J.--- Through…

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