Law: Pakistan Air Force Act, 1953

Section: 60,71

Law: Pakistan Prisons Rules, 1978

Section: 243

Law: Official Secrets Act, 1923

Section: 3(1)(c)

Pakistan Air Force Act (VI of 1953)--- ----Ss. 60 & 71---Official Secrets Act (XIX of 1923), S.3(1)(c)---Pakistan Prison Rules, 1978, R.243---Government of Punjab Notification No.SO(R&P)4-24/10(Part I), dated 5-4-2011---Constitution of Pakistan, Art.199---Constitutional petition---Claim for class "A" in civil prison---Petitioner, a Group Captain was convicted under Ss.60, 71 of Pakistan Air Force Act, read with S.3(1)(c) of Official Secrets Act, 1923 to undergo one year R.I. and he was also dismissed from service---Petitioner had claimed that as he was classified as 'A' class prisoner in warrants of commitment, he was entitled for 'A' class in the prison---Petitioner had prayed that a direction in that respect be issued---Validity---Discretion lay with the concerned court under R.243 of Pakistan Prison Rules, 1978 to classify prisoners for keeping/detaining in jail in a specific class, but the final authority in that respect was with the concerned government---Punjab Government Notification No.SO(R&P)4-24/10 (Part I) dated 5-4-2011, provided that prisoners involved in the subversive, espionage or anti-State acts under Pakistan Army Act, 1952, Pakistan Air Force Act, 1953 and Pakistan Navy Ordinance, 1961, were not entitled for superior class facilities in jail---Petitioner in circumstances, was not entitled for any such facility to be treated as 'A' class prisoner---Constitutional petition was dismissed. ORDER SAGHEER AHMAD QADRI, J.---Petitioner Group Captain Syed Muhammad Fazal son of Syed Abdur Rehman, a convict vide conviction passed on 28-3-2011 by a Field General Court Martial committed to the custody of respondent No.4-Superintendent Central Jail, Rawalpindi to serve out his sentence, has moved this writ petition agitating the facts that as in Warrants of Commitment dated 15-4-2011 issued by the competent authority, the petitioner was declared entitled for 'A' class in civil prison which direction is not being complied with by respondent No.4 therefore, a direction in this respect be issued. 2. This Court on submission of this writ petition sought parawise comments from the respondent No.4 which are submitted on the file. 3. Learned counsel…

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