| Case ID |
223e86c3-cc54-4c10-8f16-2c52f583fec1 |
| Body |
View case body. Login to View |
| Case Number |
Shariat Petition No. 61/I of 1992 |
| Decision Date |
Aug 28, 2009 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court ruled on various provisions of the Pakistan Prisons Rules, 1978, declaring certain rules as repugnant to the Injunctions of Islam. The Court emphasized the necessity of providing notice and the right of appeal to prisoners regarding adverse actions taken against them. The judgment highlighted the need for humane treatment, adherence to Islamic principles, and the importance of reforming prison legislation to ensure justice and protect the rights of prisoners. The Court also mandated that amendments be made to align the prison rules with Islamic teachings, particularly regarding the treatment of women and children in detention. |
| Summary |
The Federal Shariat Court's decision in the consolidated judgment addresses significant legal issues related to the Pakistan Prisons Rules, 1978, focusing on the rights of prisoners under Islamic law. The Court identified various provisions that were found to be inconsistent with Islamic Injunctions, leading to a call for reform in the prison system. Key themes include the rights of prisoners to receive notice before adverse actions, the right to appeal, and the humane treatment of individuals in custody. The judgment emphasizes the importance of equality, justice, and the need for legislative amendments to ensure compliance with Islamic principles, particularly concerning the treatment of women and children. The Court's decision is an essential step towards enhancing the legal framework governing prisons in Pakistan, ensuring that it aligns with both constitutional mandates and Islamic values. It reflects a growing recognition of the need for reforms that prioritize human rights and dignity within the penal system. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Dr. Fida Muhammad Khan,
Salahuddin Mirza,
Muhammad Zafar Yasin,
Syed Afzal Haider
|
| Lawyers |
Not available
|
| Petitioners |
Dr. Muhammad Aslam Khakhi,
Master Ijaz Hussain
|
| Respondents |
The State
|
| Citations |
2010 SLD 2068,
2010 PLD 1
|
| Other Citations |
PLD 1984 FSC 34,
PLD 2005 FSC 3,
PLD 1987 SC 304,
PLD 1965 Kar. 350,
1974 PCr.LJ 249
|
| Laws Involved |
Constitution of Pakistan (1973),
Pakistan Prisons Rules, 1978,
Criminal Procedure Code (V of 1898)
|
| Sections |
203-D,
227,
25,
180,
147,
1078,
382-B
|