Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2024 LHC 6036
Court / Jurisdiction: Lahore High Court
Year of Decision: 2024
Decision Date: 2024-12-18
Parties: Rida Qazi etc vs Government of Punjab etc
This judicial decision was delivered by the Lahore High Court on 2024-12-18. The matter involves proceedings between Rida Qazi etc and Government of Punjab etc, officially reported as 2024 LHC 6036. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
Case cited as 2024LHC6036
Court Name: Lahore High Court Judge(s): Abid Aziz Sheikh Title: Rida Qazi etc vs Government of Punjab etc Case No.: Writ Petition No.16322/2010 Date of Judgment:2024-12-18 Reported As: 2024 LHC 6036 Result: Order Accordingly
JUDGMENT
JUDGMENT ABID AZIZ SHEIKH, J. This Constitutional Petition was filed in the public interest litigation, inter-alia seeking directions against the respondents to treat the prisoners of 'District Jail' and 'Kot Lakhpat Jail, Lahore' (Jails) according to Pakistan Prisoners Code (Jail Manual) and shift the inmates to other Jail(s), who have been detained therein beyond the capacity of the Jails. The direction was also sought to shift the mental patient/prisoners from the Jails to Mental Hospital, Lahore where they may be treated properly and comfortably. The respondents were also required to shift the addict prisoners to the Drug Centers established in the private sectors. 2. This Court treated the instant public interest Petition as a rolling review and continuing mandamus, and while adopting an inquisitorial approach, summoned the concerned public functionaries along with their focal persons to render full assistance for addressing the highlighted chronic issues. In this regard, two Committees were constituted; one to oversee the constructions of new Jails, and the other to revamp and modernize the Prison Industries, ensuring the effective implementation and sustainable outcomes. 3. Heard the learned counsel for parties and representatives of the respondents-departments. 4. 'Nelson Rolihlahla Mandela' -- an anti-apartheid activist, politician, first Black president of South Africa; ideologically an African nationalist and socialist -- in his famous saying observed: "No one truly knows a Nation until one has been inside the jails. The Nation should not be judged by how it treats its highest citizens, but its lowest ones." Meticulous perusal of the replies/reports and orders passed by this Court from time to time in this Petition demonstrates that this Petition was filed in 2010 and thereafter, various orders were passed and steps were taken addressing the critical issues being faced in Punjab Prisons, including the overcrowding, poor infrastructure and prisoners' inadequate rehabilitation programs etc. The record transpires that at the time of filing of this Writ Petition, there were thirty-two (32) Jails housed 52,803 prisoners against an authorized capacity of 21,527, resulting in overcrowding of 146%; however, over the last fourteen-years, sustained reforms have significantly improved the conditions of Prisons across the Punjab. 5. During pendency of this Petition, 13 new Prisons were constructed across the Punjab, bringing the total number of jails to 43 by 2024; these include District Jail in Okara, Pakpattan, Layyah, Bhakkar and Rajanpur as well as two High- Security Prisons in District Sahiwal and Mianwali. This infrastructural development increased the authorized capacity to 37,563 inmates, which is a significant improvement from year 2010 baseline. Notably, new facilities were strategically planned to serve those Districts where no Prisons previously existed, ensuring equitable distribution of
---
## Page 2
the resources. Additionally, the steps have been taken to address future needs with plans to construct Jails in District Nankana Sahib, Chiniot & Khushab. 6. To further alleviate the overcrowding, substantial strides were made in construction of barracks and death-cells in Punjab Prisons. Between 2010 & 2024, 140 new barracks and 928 additional death cells were constructed, providing accommodation for over Four Thousand inmates. These developments align with the constitutional protection and the international standards, ensuring that the basic rights of inmates particularly those awaiting trial or execution are safeguarded. The comprehensive reforms in infrastructure of the Punjab Prisons led to complete reconstruction of Borstal Jail, Faisalabad. For the facility, which had suffered from serious structural deficiencies, a detailed renovation plan was approved in 2020 which included rebuilding of the main-walls, construction of double-story barracks, and adding a kitchen block. These improvements were completed and the facilities became fully operational on January 30, 2024. Similarly, new women barracks at District Jail, Sargodha were completed and became functional on February 12, 2023; these barracks designed with complete isolation and a double-lock system, ensuring the safety and dignity of female prisoners. The security-wall was constructed in Gujrat which further enhanced the safety and modernization of the Prisons. 7. The reforms directed in this Petition resulted into total 45 judicial lockups across the Punjab and 17 lockups are now fully operational, and significantly upgraded. One lockup in Shujabad has already been converted into a sub- jail and the projects in Sumandari and Pindi Bhattian are close to completion. The reforms strengthened the security measures across the Punjab Prisons System including procurement of arms and ammunition to enhance safety in various district Jails both for the inmates and for Prisons Staff. The reforms stemming from the instant Petition have significantly advanced the protection of prisoners' rights particularly regarding their family relationships. 8. In progressive move to uphold conjugal rights, 54 family rooms across the Central Jails in Lahore, Faisalabad, Rawalpindi & Multan have been constructed with kitchen and washroom facilities, providing long-term prisoners with the opportunity to spend time with their families promoting the family bonds and respecting human rights of the inmates. The substantial improvements made in care and treatment of mentally ill prisoners, ensuring compliance with the relevant legal frameworks including Mental Health Ordinance, 2001 and the law settled by the Supreme Court in "Safia Bano Vs. Home Department, Government of Punjab" (PLD 2021 SC 488). To streamline the management of jail hospitals, control has been transferred from Punjab Prisons to the Primary and Secondary Healthcare Department (P&SHD) as of December, 2023. To address the staff shortage and improve their morales, significant efforts have been made to upgrade Prisons Staff in Punjab. In alignment with the Standard Minimum Rules for treatment of the prisoners, personnel within the Prison System were granted enhanced salaries and allowances to attract and retain qualified staff. 9. Noteworthy strides have been made in modernizing Prison Management in Punjab through implementation of automation and digitalization systems. Biometrics verification have also been introduced across all Prisons and the records have been fully digitalized under the Prison Management Information System (PMIS) ensuring the enhanced transparency and streamlined operations. In addition to these upgrades, video trial system has been installed in nine Central Jails and nine divisional Anti-Terrorism Courts (ATCs) across the province. This initiative aims to reduce transportation costs and delays by enabling the prisoners to attend the Court hearing remotely, thus expediting the judicial process. The project is set to expand with plans to install video trial systems in all remaining jails in coming years. In alignment with the Court's directives issued in the instant Petition, important steps have also been taken to reduce the energy costs and the environmental impact of Prison System by installing solar panels in three Central Jails; Faisalabad, Mianwali and DG Khan. The solar penal system at Central Jail Faisalabad became operational on 01.04.2023 and similarly the solar penal systems at Central Jails Mianwali & DG Khan were activated in years 2023 & 2024, respectively. Encouraged by the success of these initiatives, there is a development plan to solarize ten additional jails as part of Annual Development Programme 2024-25. The focus is also made on balanced diets, clean drinking water and hygienic living conditions of the prisoners. 10. To ensure protection of vulnerable groups including women, children and transgender, separate facilities were created for these groups, providing with specialized care, vocational training, healthcare and legal assistance. The reforms of Jail Industries in Punjab have been introduced, which played a crucial role in the economic stability of the Prison System while also providing inmates with valuable vocational trainings and financial initiatives. This will also ensure the prisoners with skills and earnings that contribute to their rehabilitation and reintegration into the society. A Memorandum of Understanding (MOU) has been signed between the Technical Education and Vocational Training Authority (TEVTA) and the Prisons Department to provide technical education and vocational training to male, female and juvenile prisoners across the Punjab. This initiative aims to equip the inmates with essential skills to aid their rehabilitation and reintegration into the society. 11. The final comprehensive report from the office of Inspector General of Prisons, Lahore on actions taken regarding the Reforms in Prison administration and redressal of grievances of the prisoners, has been filed in this
---
## Page 3
Constitutional Petition. The relevant part of the said report is reproduced as under: "4. When the instant case filed in Hon'ble Lahore High Court in 2010, 52803 prisoners were confined in 32 Jails of Punjab Province against the authorized accommodation 21527 (overcrowding was around 146%). Punjab Prisons was conscious of the fact and took unprecedented steps to improve the plight of prisoners in the province. Since 2010, 928 additional death cells (48 in Central Jail, Lahore) and 140 Barracks have been constructed in Punjab Prisons. Similarly, construction work of 13 new jails in the districts where previously no jail existed has been completed. A. PROGRESS MADE REGARDING CONSTRUCTION OF THE JAILS IN THE PROVINCE OF PUNJAB That, the Government of the Punjab has taken a number of measures at various levels to improve the living conditions of inmates confined in Punjab Prisons besides carrying out their rehabilitation. Currently, 43 Jails are functional in Punjab Province including 9 Central Jails, 01 High Security Prison, Sahiwal, 27 District Jails, 02 Borstal Jails, 02 Sub Jails and 01 Women Jail. The following chart shows comparison between the status of work of different jails at time of filing of instant case in 2010 and 2024. CONSTRUCTION OF NEW JAILS BETWEEN 2010 AND 2024 Sr.No NAME OF JAIL Cost, 2009- 2024Work progress report submitted in Lahore High Court in 2010LATEST POSITION 2024CAPACITY 1 Construction of District Jail, Okara561.213 Work in progress (46%) completedJail is functional 990 2 Construction of District Jail, Pakpattan439.797 Work in progress (73%) completedJail is functional 750 3 Construction of District Jail, Layyah1150.110 Work in progress (20%) completedJail is functional 750 4 Construction of District Jail, Bhakkar423.365 Work in progress (68%) completedJail is functional 750 5 Construction of District Jail, Hafizabad1220.537 Work in progress (17%) completedJail is functional 632 6 Construction of High Security Prison in Northern Punjab Sahiwal930.206 Work in progress (56%) completedJail is functional 528 7 Construction of District Jail, Khanewal12.12 Work in progress (22%) completedJail is functional 1000 8 Construction of District Jail, Lodhran670.875 Work in progress (30%) completedJail is functional 100 9 Construction of High Security Prison in Northern Punjab Mianwali1191.906 Work in progress (14%) completedJail is functional 750 10 Construction of District Jail, Rajanpur1225.214 Work in progress (10%) completedJail is functional 1000 11 Construction of District Jail, Narowal1055.191 Work in progress (8%) completedJail is functional 1000
In addition to aforementioned jails, the construction work of High Security Barracks and death cells has been completed due to cognizance of the Lahore High Court under Rida Qazi Ys. the State. The detail is given below: CONSTRUCTION OF HIGH SECURITY BARRACKS & CELLS BETWEEN 2010 AND 2024
Sr. NoName of Jail Cost, 2009- 2024Work progress report submitted in Lahore High Court in 2010LATEST POSITION 2024Capacity 1 Establishment of High Security Barracks/Prisons in Central Jail, Lahore68.712 Construction work completed Security equipment are being installedFunctional
---
## Page 4
66162 Establishment of High Security Barracks/Prisons in Central Jail, Rawalpindi61.528 Work in progress (85% completed)Functional 3 Establishment of High Security Barracks / Prisons in Central Jail, Faisalabad57.856 Work (100%) completed Functional 4 Establishment of High Security Barracks / Prisons in Central Jail, Multan------ Work (100%) completed Functional 5 Establishment of High Security Barracks Central Jail, Mianwali61.528 ---- Functional
CONSTRUCTION OF DEATH CELLS FROM 2010 TO 2024
Sr. NoName of Jail Numbers of Cells Years Capacity 1 Construction of Central Jail, Lahore312 2013-14 312 2 Construction of High Security Prisons, sahiwal224 2013-14 224 3 Central Jail, Rawalpindi 32 2013-14 32 4 District Jail, Jhelum 32 2016-17 32 5 Central Jail, Faisalabad 32 2015-16 32 6 District Jail, Bhakkar 32 2010-2015 32 7 District Jail, Hafizabad 80 2017 80 8 District Jail, Rajanpur 48 2017 48 9 District Jail, Layyah 32 2012-13 32 Total 824
Owing to the directions of the Hon'ble Lahore High Court passed in the instant writ petition, Punjab Prisons has addressed the issue of overcrowding by construction of new jails. In 2008, Punjab Prisons had 32 Jails with 179% of overcrowding. After the construction of 10 new jails, the percentage of the overcrowding has been reduced. Currently, 67607 prisoners have been confined in 43 Jails against the authorized accommodation of 37563. Moreover, the following chart shows the significant decreased in overcrowding in Punjab Prisons:
PRISONS POPULATION STATISTICS (2010) PRISONS POPULATION STATISTICS (05.11.2024) Authorized accommodation = 21527 At present population of 32 Jails = 52803 %age of overcrowding = 146%Authorized accommodation = 37563 At present population of 43 Jails = 67607 %age of overcrowding = 80%
B. POSITIVE STEPS TAKEN BY THE GOVERNMENT IN THIS REGARD During the course of hearing of the Writ Petition, CMs were filed to address various challenges / issues facing by the Punjab Prisons. Consequently, the following improvements have been made as result of cognizance of Honourable court.
CM NO. SUBJECT/POINTSSTATUS OF IMPLEMENTATION OF THE RECOMMENDATIONS 2886 of 2010Facilities of drug addicts prisoner Under Annual Development Program (ADP), a scheme for construction of 20 Bedded Unit for the treatment of drug addicts, who have high dependency on different drugs, has been initiated. In this context, construction work of 20 bedded unit at 13 Nos. jails i.e. Central Jails, Lahore, Sahiwal, Faisalabad, Bahawalpur, D.G Khan, Rawalpindi, Mianwali and District Jail, Attock, District Jail, Multan, District Jail,
---
## Page 5
Lahore, District Jail, Layyah, District Jail, Okara and District Jail, Jhang has been completed. Moreover, construction work at 04 Nos. Jail is in progress. These hospitals shall be used for the treatment of prisoners who have high dependence on any drug. Drug addicts, peddlers and mentally insane prisoners are properly segregated in all jails of the Punjab. 3 of 2011Facilities to mentally ill prisonersTREATMENT OF MENTALLY ILL PRISONERS Punjab Prisons is cognizant of the safe custody of mentally ill prisoners. On the subject, the prison authorities have been implementing the safeguards and protections enshrined in the related prison rules and provisions of Mental Health Ordinance, 2001 for the treatment and confinement of the mentally ill prisoners 4 of 2018Interrogatories regarding mentally ill Prison Upon the admission of the prisoners, the Psychologist conducts initial prisoners screening of major mental health issues by using Diagnostic and Statistical Manual-V checklist and standardized tools. Moreover, periodic assessments, brief counseling sessions and follow ups are also being conducted. Superintendent Jail takes into account the evaluation and assessment conducted by the psychologist for the classification of the prisoner. The prisoners who are diagnosed with severe mental illness are shifted to Punjab Institute of Mental Health (PIMH) in conformity with the procedure stipulated in Rule 444 of Pakistan Prison Rules, 1978. Currently, 35 prisoners suffering from mental illness have been shifted to the (PIMH) for their treatment, by order of the Government of the Punjab, Home Department. Moreover, this Inspectorate has issued instructions from time to time for proper segregation and the humane treatment of the prisoners suffering from mental illness. 3415 of 2012
3416 of 2012
Facilities of psychiatrist and psychologist for the patient of mental disorder
Health facilities Prisoners
HEALTH CARE FACILITIES IN PUNJAB PRISONS 93 posts of psychologist have been sanctioned and the recruitment process against newly created posts has been completed. Currently, 28 psychologist are working in different jails of the Punjab for rehabilitation of the prisoners. In order to streamline the existing health care management system in line with the fundamental rights enshrined in the Constitution of Islamic Republic of Pakistan, 1973 international best practices and United Nation Guidelines for the treatment of prisoners, the Government of the Punjab has taken initiative to hand over management and budgetary control of jail hospitals to Primary and Secondary Health Care Department. District Prison Health Council under the chair of respective Deputy Commissioners look after the health care facilities of the prisons. On the subject, a new Chapter 44-A has been incorporated in Pakistan Prison Rules, 1978 which defines role and responsibilities of District Prison Health Council vide notification No.SO(Prs)2-Gen/2021 dated 20.12.2023. To ensure optimal health service delivery, Jail Hospitals have been categorized as A, B, C based upon the population of the prison as under: Sr. NoName of Post BPS Number of posts sanctioned Cat- ACat- BCat- CSpecial 1. Medical Superintendent/InCharge Senior
Medical Officer/ In-charge Medical Officer18-19 1 1 1 - 2.Consultant Physician 18 1 1- - 3.Consultant Surgeon 18 - - 4. Medical OfficerMorning 172 2 1 1 Evening 1 1 1 -
---
## Page 6
3417 of 2012
Healthcare Facilities to the Prisoners
Treatment of Drug AddictsNight 2 2 1 - 5.Woman Medical Officer 17 1 1 1 1 6.Dental Surgeon 17 1 1 1 - 7.Pharmacist 17 1 1 1 - 8.Psychologist 17 2 1 1 1 Conducting screening of Hepatitis B&C and HIV of newly admitted prisoners have been made mandatory. Moreover, periodic assessments, brief counseling sessions and follow ups are also being conducted. Superintendent Jails take into account the evaluation and assessment conducted by the psychologist for the classification of the prisoners. Punjab Prisons has been using diagnostic interviews and biological markers for the screening of drug addicts. In this regard, Punjab Prisons has used Multi Drug Rapid Detection Test Kit. The Rapid Device Test has the ability to identify at least ten (10) different substances namely amphetamine (AMP), Methamphetamine (MET), Morphine (MOP 300), Cocaine (COC), Marijuana (THC), Benzodiazepines (BZO), Barbiturates (BAR), Methadone (MTD), Phencyclidine (PCP) and Tricyclic Antidepressants (TCA). During the period 01.01.2024 to 31.08.2024, total 19682 urine tests of the prisoners have been conducted at random in Punjab Jails. A total 7939 is recorded positive and 11743 negative. Under Annual Development Program (ADP), a scheme for construction of 20 Bedded Unit for the treatment of drug addicts, who have high dependency on different drugs, has been initiated. In this context, construction work of 20 bedded unit at 13 Nos. jails i.e. Central Jails, Lahore, Sahiwal, Faisalabad, Bahawalpur, D.G Khan, Rawalpindi, Mianwali and District Jail, Attock, District Jail, Multan, District Jail, Lahore, District Jail, Layyah, District Jail, Okara and District Jail, Jhang has been completed. Moreover, construction work at 04 Nos. Jail is in progress. These hospitals shall be used for the treatment of prisoners who have high dependence on any drug. 590/2017Construction work of main wall of B.I & J. Jail, FaisalabadConstruction work of B.I &J. Jail, Faisalabad was completed on 08.01.2001. Since its functioning the standard of construction remained objectionable. The land of jail is severely affected with water logging and salinity. In fact, the building was constructed without taking any preventing measures against the affected land which resulted in the damage of whole jail building from its plinth level. Owing to the reasons, the enclosure walls and main wall of the jail have been collapsed twice within few years of its construction. In compliance with the court order dated the B.I&J. Jail, Faisalabad is operational after completion of construction works of main wall, double storied barracks and construction of kitchen block since 30.01.2024.
---
## Page 7
591/2017Isolation of women barrack from other barracksThe Superintendent of District Jail, Sargodha reported that in compliance of the directions of Learned District & Sessions Judge, Sargodha, the female prisoners of the jail were transferred back from District Jail, Shahpur to newly constructed Juvenile Ward on 07.11.2020. However, the newly constructed Women Barrack has been inaugurated by the Worthy Inspector General of Prisons Punjab, Lahore on 17.10.2022. After that female prisoners have been shifted from newly constructed juvenile ward to newly constructed Women Barrack. Moreover, Women Barrack is totally isolated rom other barracks. Double lock system is applied to ensure safe confinement. 1 of 2019BS-18-Assistant Superintendents service structureThat, in compliance with the order dated 06.04.2018 passed by the Hon'able Court a meeting of the Service Rules Committee (SRC)was held on 07.12.2018 under the chairmanship of Secretary, (Regulations), S&GAD. Pursuant to the recommendations made by the subcommittee of the SRC in its meeting held on 05.12.2018, the matter regarding amendments in the Punjab Prisons, Department Service Rules, 2010 in compliance of the order dated 06.04.2018 passed by the Hon'able Lahore High Court, Lahore in Writ Petition No.16322/2010 titled as Rida Qazi & Sardar Usman V/S Government of the Punjab etc, was again placed before the Service Rules Committee (SRC) for consideration. That, the service rules for the promotion of Warder,(Bs-5) Head Warders (Bs- 7), Chief Warder (Bs-9), Assistant Supernt. Jail (Bs-16) and Deputy Superintendent Jail (Bs-17) has been notified by the Government of the Punjab, Services & General Administration Department Lahore bearing No. SOR-III (S&GAD)3-24/2018 dated 07.03.2019. The Honourable Lahore High Court, order ated 06.04.2018 passed in the instant case has been complied with accordingly. The issue of promotion and qualif ations of Superintendent Jail was not discussed in the said order. 1 of 201315 of Pakistan (Exchange of Prisoners) Ordinance, 1948.It is submitted that Government of the Punjab Home Department, Lahore has never exercised the powers u/s 15 of the Pakistan (Exchange of Prisoners) Ordinance, 1948 and never/ever suspended remitted and commuted sentences of prisoners awarded by the courts in Pakistan in respect of repatriation etc. As such, the report in the subject matter may be treated as Nil. 748/2013Conversion of Judicial Lock-upA Judicial Lock-up at Shujabad has been converted into Sub Jail and operationalized. Two schemes for the conversion of Judicial Lock-ups into Sub Jails at Summandri and Pindi Bhattian are under construction and detail is as under: Sr. No Name of SchemeTotal CostCumulative Expenditure 1. Conversion of 45 Judicial Lock Ups into Jail, Sub Jail, Summandari
283.009
184.547 65% 2. Conversion of 45 Judicial Lock ups into Jail. Sub Jail, Pindi Bhattian219.661 145.671 66%
6 of 2018Ammunition and ArmsNecessary budget was sanctioned for the said purpose. The procurement of arms & ammunitions for District Jails, Layyah, Bhakkar, Okara & Pakpattan has been completed. For remaining 07 newly constructed jails (District Jails, Hafizabad, Narowal, Rajanpur, Khanewal, Lodhran, Sub Jail, Shujabad & H.S.P, Mianwali, the payment for the purchase of the below noted items has been made to POF, Wah Cantt vide Government cheque No.3393945 dated 30.05.2019 and No.3452068 dated 14.06.2019 issued by the Central Jail, Lahore & District Jail, Lahore respectively.
---
## Page 8
3/2021 Revamping of Prisons IndustriesPunjab Prisons have taken many initiative…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.