Law:

Section:

Prison Rules--Rr.158 & 159---Constitution of Pakistan (1973), Art. 184(3)---Human right case---.]ail Authorities are obliged to transfer a prisoner to the prison of his home district 30 days before his release---Keeping a prisoner nearer to his home district, therefore, is quite in accord with the Rules---Inspector-General (Prisons) is vested with vast discretion to direct by general or special order that any class or classes of prisoners may be confined in or transferred to any prison or class of prisons---Supreme Court observed that Authorities of all the four Provinces should follow a uniform policy, as far as practicable, to keep the prisoners nearer to their home districts which besides being in consonance with the spirit of the Rules would go a long way to alleviate a human problem. Rule 159 of the Pakistan Prison Rules makes it obligatory on the Jail Authorities to transfer a prisoner to the prison of his home district 30 days before his release. Therefore, keeping a prisoner nearer to his home district is quite in accord with the spirit of the Prison Rules. Rule 158 of Pakistan Prison Rules, vests the Inspector-General (Prisons) vast discretion to direct by general or special order that any class or classes of prisoners may be confined in or transferred to any prison or class of prisoners. There is no difficulty in following a uniform policy by all the four Provinces, as far as practicable, to keep the prisoners nearer to their home district which besides being in consonance with the spirit of the Prison Rules will go a long way to alleviate a human problem. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---H.R. Case No. 40/92 was taken up by this Court as a Human Right Case on the basis of a letter received from Ansar Burney Welfare Trust, dated 6-5-1992 which reads as follows:-- "His Lordship, Mr. Justice Muhammad Afzal Zullah, The Chief Justice of Pakistan, Rawalpindi. Re: Prisoners at Local Jails. Your Lordship, May have the pleasure most graciously to request your Lordship that an order may be directed to the respective Governments of Provinces of Pakistan that all the prisoners may only be kept in their local District/Division's jails though the relatives…

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