Case Details

Citation(s)
1974 SLG 3086 = 1974 SLD 3086 = 1974 PLD 120
Lahore High Court
Writ Petition No. 705 of 1973, decided on 26th June 1973.
Presented By: Shamim Hussain Kadri and Muhammad Siddiq, JJ
M. Anwar assisted by M. A. Rahman and Miss R. S. Qari for Peti tioner.

BEGUM SHAMIM AFRIDI-Petitioner

VERSUS

THE PROVINCE OF PUNJAB THROUGH THE SECRETARY, PUNJAB HOME DEPARTMENT, GOVERNMENT OF THE PUNJAB, LAHORE AND ANOTHER--Respondents

Law: Prisons Act, 1894

Section: 29, 31

Law: Pakistan Army Act (XXXIX of 1952)

Section: 31(d), 73, 74, 75, 94, 95

Law: Penal Code (XLV of 1860)

Section: 73

Law: Constitution of Pakistan, 1973

Section: 199(3), 14(2)

(a) Prisons Act (IX of 1894) Ss. 29 & 31 read with Punjab Jail Manual, 1955-Prisoners, rights of-To be treated like human beings, looked after for physical and mental health and provided facilities of good food; Prisoners are to be treated like human beings and they have to be looked after for physical and mental health. Facilities of good food and humanly treatment is envisaged by the provisions of the law. The modern development of criminology -has revolutionized the system of treat ment of convicted prisoners. The old brutal treatment has given place to more humane one. The concept of vengeance by society and of deter rence is in fact disappearing and is being replaced by the concept of correction and rehabilitation. Though our jail administration is moving with times, it is not keeping pace with advanced countries. A statute may reflect the modern trend and may contain salutary provisions for fair teatment of prisoners ; but in practice much depends upon the Superin tendent, who is expected to implement them in the spirit in which they are conceived. A Superintendent of Jail may be a good disciplinarian, but it is not enough ; he should also be a humanitarian possessing conscience and having an awareness that to his care is entrusted an abnormal class of society deserving a more sympathetic approach and sincere attempt at rehabilitation than that of vindictiveness. Government of West Pakistan v. Begum Agha Abdul Karim Shorisk Kashmiri P L D 1969 S C 14; Halsbury's Laws of England, Third Edn., Vol. 9, para. 1060 ; Mian Jamal Shah v. The Member, Election Commission and others P L D 1966 S C 1 ; R. S. Jamandas v. The Chief Land Commis sioner P L D 1966 S C 229 ; Malik Ghulam Jilani v. The Government of West Pakistan P L D 1967 S C 373; Monir's Constitution of Islamic Republic of Pakistan (1962); A. V. Dicey's An Introduction to the Study of the Law of the Constitution, Chap. V, p. 206 ; O. Hood Phillips on Constitution & Administrative Law, Fourth Edn., by Sweet & Maxwell, p. 444; Luis Kutner's World Habeas Corpus, p. 85 ; Annual Survey of American Law, 1966 Edn., p. 204; R. F. V. Houston's Essays in Consti tutional Law, 2nd…
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