LHC finds gaps in jail transfer rules

Prisons authority submits draft parameters for shifting prisoners, review process

LAHORE:

The Lahore High Court (LHC) directed the Punjab Prisons department on Thursday to come up with amendments to the draft of its new policy about transferring prisoners from one jail to another for disciplinary reasons to make it more viable and stronger.

Justice Tariq Saleem Sheikh drew attention of Assistant Inspector General Judicial Dr Qadeer Alam towards some loopholes that needed to be addressed. The official noted down the observations from the court and assured it of including them in the draft.

The court asked about the fate as per the new policy of the prisoners whose some cases had been decided but others were still pending, whose appeals were pending and the juvenile cases. The jail authority replied that their rights had been protected in the policy.

During hearing of petitions regarding the shifting of prisoners to jails in remote areas, the counsel for the petitioners implored the court that the authority concerned could not do so without any cogent and substantial reason.

The jail authority submitted a draft containing parameters of shifting prisoners, the review and appeal procedure and other important points as per a commitment made in earlier proceedings. Justice Sheikh praised the effort.

The AIG told the court that a new policy had been prepared wherein such issues had been addressed and the rights of prisoners better protected.

Dr Alam stated that mostly hardened criminals, those involved in most sensitive cases and those whose conduct was not good were shifted to jails in remote areas.

Under the newly prepared policy, the prisoners will be kept in jails nearest their homes.

Regarding the shifting of a prisoner, the jail authority told the court that the inmate had a notorious attitude in the jail.

Advocate M Aqeel Wahid Chaudhry, representing another prisoner, said his client had been shifted by the deputy inspector general of prisons, while the decision could only be taken by the IG.

As per the proposed policy, if a prisoner is found guilty of committing more than three jail offences in a year, the superintendent of jail may recommend his shifting to the IG of prisons. The superintendent must recommend the case for shifting along with complete documentary proof regarding punishments, history tickets and copies of inquiry reports.

The prisons DIG of the region must record specific recommendations and forward the case to the IG for approval.

The IG may recommend the shifting of a prisoner sentenced to death to the additional chief secretary (home) for final approval.

Two groups having rivalry with each other or having friends or relatives amongst the jail staff should be shifted under Rule 152 of Pakistan Prison Rules, 1978, subject in addition to the concurrence of the trial court in case of under trial prisoners.

The aggrieved person and his family may file a petition before the Prisons IG for review of his orders for shifting.

The additional chief secretary and prisons IG may review the shifting orders after one year, keeping in view the conduct of the prisoner, upon a formal request.

While shifting of a prisoner over disciplinary reasons, the competent authority may keep in view the place of residence of his family.

Published in The Express Tribune, December 9^th, 2022.