Law: Pakistan Prisons Rules, 1978

Section: 225,242,242(2)(c)(v)

Law: Constitution of Pakistan, 1973

Section: 4

Pakistan Prisons Rules, 1978-------Rr. 225 & 242 [as amended vide Notification No. SO (R&P) 4-24/10(P-I) dated 1st April 2018, Government of the Punjab]---Constitution of Pakistan, Art. 4--Under-trial prisoner---Criminal history, absence of---Better class facility in the jail, entitlement to---Scope---Husband of the petitioner was confined in jail after his arrest in case/ FIR having been registered under multiple sections of P.P.C, including dacoity, read with S.7 of Anti-Terrorism Act, 1997---Petitioner filed constitutional petition for better class facility in the jail for her husband as the Additional Chief Secretary (Home) had dismissed her application with the same grievance---Contention of the petitioner being that her husband belonged to a noble family and maintained a high social status being a politician and also remained Governor of the Punjab, therefore, he was entitled for better class facility in the jail---Respondent /Government contested the claim while distinguishing the case of petitioner's husband from other facilitated prisoners on the ground that he was involved in offences under S.395, P.P.C, and under S.7 of Anti-Terrorism Act, 1997, and as per amendments of year 2018 in Prisons Rules, 1978, such category of offenders were excluded from the benefit of R.242 of the Prisons Rules, 1978--Validity---By virtue of Notification No. SO (R&P) 4-24/10(P-I) dated 1st April 2018, Government of the Punjab introduced amendment in Prisons Rules for a modified version of R.225 and 242 to club both the categories of convicted and under-trial prisoners in one form of sailing and R.248 was omitted.---Under R.225, after amendment, convicted and under-trial prisoners shall be classified as:- (a) better class; (b) ordinary class; or (c) political class---Better class facility to the petitioner's husband was restricted by the authority by applying R.242(2)(c)(v) of the Prisons Rules, 1978, which though included S.395, P.P.C, but not S.7 of AntiTerrorism Act, 1997---In said clause (c) of R.242(2), the words "has not been" are used; whereas clause (a) of same subsection mentions the word 'is' and 'has not been' and Clause (b) uses the words 'is' or…