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AYYAZ AHMAD versus SAQIB NAZIR, SUPERINTENDENT,CENTRAL JAIL

197R 197 Court Contempt Court Ordinance (IV of 2003), Sections 3 and 5 - Constitution of Pakistan, Arts 4 and 204 Court Contempt Court - Medical Treatment of Prisoner - The applicant was a convicted prisoner and his complaint was that he did not Medical expert advised - Medical treatment is granted - Justification - Providing treatment facilities when a person is imprisoned under the law, it is the state's responsibility to punish a wrongdoer. Providing the facility was a basic necessity, under the protection of Pakistan Prison Rules, R 197 of 1978 - Article 4 of the Constitution guarantees such facility. A. - The health of a prisoner was the primary duty of the local administration, the prison rating and finally the government of the province - the High Court rejected the process, the local administration, the prison organization as well as government workers, who performed their duties. The yogurt failed and instructed the authorities to provide health care to the applicant in the letter. The Prison Spiritual Request was dealt with accordingly, [Page 344, 347] A&B

PLD 2017 Lahore 342

Before Sayyed Mazahar Ali Akbar Naqvi, J

AYYAZ AHMAD—Petitioner

versus

SAQIB NAZIR, SUPERINTENDENT,CENTRAL JAIL—Respondent

Criminal Original No.2191-W of 2016, decided on 20th October, 2016.

Pakistan Prison Rules, 1978—

—R. 197—Contempt of Court Ordinance (IV of 2003), Ss. 3 & 5— Constitution of Pakistan, Arts. 4 & 204— Contempt of Court—Medical treatment of prisoner—Petitioner was a convict prisoner and his grievance was that he had not been given medical treatment as prescribed by Medical Specialist—Validity—State was responsible to provide facility of treatment when a person was confined through process of law—Punishing a wrong doer was demand of law but provision of facility of health was a basic necessity, safeguarded under R.197 of Pakistan Prison Rules,- 1978—Such facility was also guaranteed under Art. 4 of the Constitution—Health of a prisoner was a primary duty of local administration, hierarchy of jail and finally Government of the Province—High Court depreciated the act of local administration, jail hierarchy as well as government functionaries, who failed to perfÓrm; their duties and directed the authorities to provide health facility to petitioner in letter and spirit as per Jail Manual-Contempt petition was disposed of accordingly, [pp. 344, 347] A & B

Abid Saqi for Petitioner.

Ch. Akbar Ali Kung, Assistant Advocate General Punjab with Rana Abdul Rauf, DIG Prison and Muhammad Abu Bakar, Deputy Superintendent, Central Jail, Faisalabad.

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