Prisoner can meet his wife and children in Pakistan according to the provisions of this judgment..
Citation Name : 2010
PLD 1 FEDERAL-SHARIAT-COURT
Side Appellant : Dr.
MUHAMMAD ASLAM KHAKHI
Side Opponent :
STATE
R.
545-A---Constitution of Pakistan (1973), Arts.203-DD, 25(3), 35 &
38---Family life of prisoners---Special meetings---Conjugal Oriented Parole
Scheme---Federal Shariat Court appreciated the introduction of Rule 545-A in
the Pakistan Prisons Rules, 1978 and remarked that "indeed it was a
welcome start"---Court also observed that the Home Department can
formulate a policy wherein the married prisoners, except lifers and condemned
prisoners, are enabled and encouraged, subject to all necessary and reasonable
conditions, to avail a week's parole every four month in the larger interest of
maintenance of family life---Spouse and child ren of the accused have a legitimate claim upon the latter---Family union of the
condemned prisoners and lifers can be arranged in the family quarters within
the prison walls; it will not only have a salutary effect upon the prison
population but these steps will be ;positive measures towards reduction of some
problems arising on account of over population in the prisons---Shariat Court
hoped that all the Provincial Governments will consider the matter particularly
relating to family life of prisoners, and make amends by extending on the one
hand the scope of amended Rule 544, but also take positive steps to introduce
Conjugal-Oriented Parole Scheme in appropriate cases and also initiate family
reunion on auspicious occasions within the prison precincts in the larger
interest of preservation of family life---Court further hoped that necessary
action will be taken by the end of 2010 and a report to that effect will be
sent by the Secretaries Home of all the Provincial Governments, Secretary
Interior, Government of Pakistan will also send his own report containing an
objective assessment as regards the efforts made and steps taken in this
regard---Said reports must reach the Registrar of Federal Shariat Court by
31-1-2011 whereafter this aspect of the case will be examined in February, 2011.
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