to Sessions Judges for deputation of Magistrates conduct trial of
cases in jails and that it would be ensured that prosecution
witnesses were available at the trial and in that events of failure of
the prosecution to produce their expeditiously, power to grant bail
might be liberally exercised
Prolonged detention without trial. Effect.
Prolonged detention, without trial could be treated as
detention is, unlawful manner not merely liable to be struck down,
but also to entitle the detainee to be compensated by the detaining
authority. High Court directed Special Assistant to Member
inspection Team to require all the trial Courts to keep record of
uses where under-trial prisoners required to be produced were not
produced in their respective courts and submit to High Court in
monthly returns, which would be periodically Communicated to
the Inspector-General Prisons who would seek appropriate
explanation from the Superintendent of every Prison and
communicate same to the High Court.
Occupation of vacant cells.
Rule 236. Cells not in a use for purposes of punishment :
otherwise, shall be occupied by the convicted prisoners for the
purpose of separation subject to the following conditions:(a) Juveniles shall in preference to any other class of
prisoners be confined in cells both by day and night.
(b) Prisoners convicted under section 366 (A), 376 and 377
of the Pakistan Penal Code, shall in preference to
prisoners other than juveniles be placed in cells both by
day and night.
(c)
Habitual prisoners shall be placed in cells both by day
and night in preference to casual prisoners.
Sections 366-A,376 & 377 of Pakistan Penal Code are:
"Section 366-A. Procreation of minor girl
Section 376. Punishment for ape.
Section 377. Unnatural offences.
Explanation: Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section."
Separation of habituals.
.
Rule237. habitual prisoners shall be subjected to the stem of
separation prescribed in the preceding rules in rotation..
Separation of casuals.
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