Rules of prison are actually defined in Pakistan Prisons Rules 1978. However the following judgment expresses the very fact beautifully...
Citation Name : 2010
PLD 1 FEDERAL-SHARIAT-COURT
Side Appellant : Dr.
MUHAMMAD ASLAM KHAKHI
Side Opponent :
STATE
R.
84---Constitution of Pakistan (1973), Art.203-D---Restrictions on prisoners to
issue cheque---Vires of R.84, Pakistan Prisons Rules, 1978 on the touchstone of
Injunctions of Islam---Federal Shariat Court observed that provision of R.84 of
Pakistan Prisons Rules, 1978 is violative of the various Injunctions of Islam
as enumerated in Ayaat 60, 168, 172 and 187 of Chapter 2; Ayaat 4 and 88 of
Sura 5; Ayaat 141-142 of Sura 6; Ayat 160 Sura7; Ayat 14 Sura 16; Ayat 81 Sura
20; Ayat 28 Sura 20 and Ayat 15 Sura 34 of Holy Qur'an which makes it
abundantly clear that every person is entitled to use his income in any lawful
pursuit /occupation/trade that he likes---Every believer is legally responsible
to defray the expenses of his wife and child ren---No law or a provision of law
can abridge or adversely affect the legal responsibility of a prisoner to
maintain his family---Cheque book of a prisoner may be retained in safe custody
and in order to ensure the genuineness of the cheque issued by a prisoner, the
Superintendent or Deputy Superintendent of prison can be authorized to counter
sign the cheque issued by the prisoner but the condition of seeking permission
from District Co-ordination. Officer for an amount exceeding Rs.5,000, as
visualized by clause (c) of Rule 84, is an unwarranted clog on the exercise of
a right which, according to the Holy Qur'an is an innate ingredient of the
legal. capacity of an adult---Cheques can be issued as and when the prisoner
wants provided the amount of money lying in the Bank is not subject-matter of
any offence like cheating, theft, burglary or some other illicit
means---Accused or a convict involved in other offences would be entitled to
the concession of issuing cheques or giving advice to the financial
Institution/Insurance Companies---Rule, instead of providing facilities creates
difficulties for the internees which hurdle in itself is violative also of the
tradition of the Holy Prophet (p.b.u.h.) in which the Muslims have been
directed to create conditions which make things easy for the people rather than
difficult---Said Rule is violative of the Principle of Usar and Yusar as
enunciated in Ayat 185 Sura 2 and Ayaat S and 6 of Sura 94 of the Holy Qur'an
and is an un-necessary obstacle in earning Rizk-e-Halal which is the
fundamental right of every human being---Holy Qur'an exhorts believers to earn
livelihood through legitimate
means---Rule 84 shall cease to have effect from 1-12-2009 during which
period necessary amendments or deletion may be made in Chap. 4 of the Pakistan
Prisons Rules, 1978.
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