The following judgment of Federal Shariat Court addresses the illegal confinement of women and children in a beautiful manner..
Citation Name : 2010
PLD 1 FEDERAL-SHARIAT-COURT
Side Appellant : Dr.
MUHAMMAD ASLAM KHAKHI
Side Opponent :
STATE
Rr.
307 & 314---Constitution of Pakistan (1973), Art.203-D---Confinement of
women prisoners and innocent child ren---Vires of Rr.307 & 314, Pakistan
Prisons Rules, 1978 on the touchstone of Injunctions of Islam---Federal Shariat
Court observed that there is nothing at all either in R.307 or. R.314 of the
Prisons Rules, 1978 which violates Injunctions contained in Ayat 151 Sara 6 of
Holy Qur'an on the contrary R.314 specifically mandates that male officer can enter
only if he has a legitimate duty to
attend to, and is accompanied by the woman warder all the time he remains
inside such ward or enclosure---Such is not conceivably covered by the mischief
of the term Fawahish i.e. lewdness---Government, at the most, may consider,
defining the scope of the word "necessary" occurring in R.314,
Pakistan Prisons Rules, 1978 and may restrict the noctural visits only to
situation when a prisoner needs emergent medical care, or there are riotous
conditions in the barrack, a clamity like fire or an earthquake has damaged the
enclosure---Every such visit of senior officers may by law be required to be
recorded and its intimation sent to the Inspector-General Prisons next morning
telephonically as well as in writing.
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