Law: Pakistan Prisons Rules, 1978

Section: 554,559,567

(a)    Interpretation of Constitution-------Trichotomy of power---Principle---Scheme of the Constitution is based on trichotomy of powers---In the system of trichotomy, the Judiciary has right to interpret, the Legislator has right to legislate, and the Executive has to implement--Such trichotomy of powers delicately balanced in the Constitution cannot be disturbed.Syed Nazar Abbas Jaffri v. Secretary to Government of the Punjab 2006 SCMR 606 rel.(b)    Pakistan Prisons Rules, 1978-------Rr. 554, 559 & 567---United Nations Standard Minimum Rules for the Treatment of Prisoners ('Nelson Mandela Rules'), R. 58(1)---Visitation rights of prisoners---Scope---Banning inmates from meeting their families, friends, and lawyers is not just a violation of Pakistan Prison Rules, 1978 but such tactics are an abuse of human rights---Provisions of United Nations Standard Minimum Rules for the Treatment of Prisoners known as the Nelson Mandela Rules, adopted through UN General Assembly Resolution A/RES/70/175 on December 17, 2015 envisage that prisoners have to be allowed, under necessary supervision, to communicate with their family and friends by receiving visits and adequate opportunity to be visited by lawyers.(c)    Contempt of Court Ordinance (V of 2003)-------S. 3---Pakistan Prisons Rules, 1978, Rr. 554, 559 & 567---Contempt of Court--Visitation rights of prisoner---Subsequent compliance of Court order---Effect--Petitioner was aggrieved of not allowing him to visit a prisoner in Jail despite specific direction issued by High Court---Respondent/alleged contemnor in his capacity as Jail Superintendent initially did not comply with the order passed by High Court with regard to visiting of friends and family members of prisoner but later on during the pendency of proceedings before High Court he complied with the order in question---Validity---Respondent/alleged contemnor in his capacity as Jail Superintendent was liable to act with more circumspection in respect of Court orders than was exhibited by him---Conduct of respondent/alleged contemnor indicated highhandedness and brazen disregard for the authority…