Law: Prisons Act, 1894

Section: 60

Law: Prisoners Act, 1900

Section: 3, 4, 29

Law: Criminal Procedure Code (V of 1898)

Section: 344

(a) Prisons Act (IX of 1894)  S. 60 and Prisons Act (III of 1900) S. 29 read with Adaptation Order, 1937Notification No. Prs. I(M)15/72, amending section 29 issued under repealed section 60Such amendment not introduced under Ordinance making power of GovernorNotification to be considered under repealed provision of Prisons Act, 1894 and even if valid, could not have status higher than of a subordinate legislationEffect of any enactment, held, cannot be whittled down by notification.[Interpretation of statutesNotification]. (b) Prisons Act (III of 1900) Ss. 3, 4 & 29 read with Criminal Procedure Code (V of 1898), S. 344Undertrial prisonerSubject to conditions of warrant issued for his detention by CourtOfficer incharge of prison, held, cannot transfer such prisoner save with order of trial CourtPerson awaiting trial before Courts subordinate to District MagistrateTransfer or removal of such person by officer incharge of prison with approval of District Magistrate justifiedSuch condition, held further, not applicable to prisoners facing trial in Court of SessionPowers to transfer unconvicted prisoner from one prison to another also not vested with InspectorGeneral of Prisons under S. 29. Date of hearing : 20th March 1979.                                                                                                                    JUDGMENT The petitioner is father of Muhammad Shahbaz one of the two undertrial prisoners for whom the present application has been made. Both of them are lodged in Kot Lakhpat Jail, Lahore, at the moment and are facing trial under section 302/307/324/34, P. P. C. before the learned Additional Sessions Judge111, Sheikhupura. Muhammad Shahbaz is also involved in two other cases under sections 307, P. P. C. and 307/326, P. P. C. pending in two other Courts at Sheikhupura. 2. The two undertrial prisoners had been originally confined in the…