THE PUNJAB PUBLIC ORDER DETENU, RULES,
1979.
Notification
No. 13/9 So Prs.H-H-D/79, dated the 14th July, 1979-in
exercise of the power conferred on him under Section 27 of the West Pakistan
maintenance of Public Order Ordinance, 1960,(XXX of 1960), the Governor of the
Punjab is pleased to make the following rules, namely:-
1.
Short Title:-
These rules may be called the Punjab Public Order Detenu Rules, 1979.
2.
Definitions:- In
these rules, unless the context otherwise requires, the following expression
shall have the meanings hereby respectively assigned them that is to say:-
(a)
“Additional Inspector General of Police means an
Officer who for the time being is incharge of the Provincial Special Branch of
Police or any Officer specially authorized by him by an order in writing to
perform his functions under these rules;
(b)
“Deputy Inspector General of Police” means an Officer
who for the time being is incharge of Provincial Special Branch of Police or
any Officer specially authorized by him
by an order in writing to perform his functions under these rules;
(c ) “Detenu” means any person detained in custody under the provisions of Section 3 of the Ordinance.
(d)
Inspector General of Prisons” means Inspector–General
of Prisons, Punjab.
(e)
“Forms” means a form appended to these rules;
(f)
“Jail” means any prison as defined in sub-section (1)
of section 3 of the
Prisons Act, 1894 and includes any place which has been declared
by
Government by general or special order to be a subsidiary Jail;
(g)
“Ordinance” means the West Pakistan maintenance of
Public Order Ordinance 1960 (xxx of 1960); and
(h)
“Superintendent” means the Superintendent incharge of
the Jail in which any detenu is detained.
3.
Accommodation:- Detenus
shall be kept in association wards, or, if be not possible or convenient in
cells, and shall be allowed to associate with one another, but as far as
possible separate room ordinary prisoners provided that the Superintendent may
common particular detenu or any class of detenus separately, if he considers it
desirable on grounds of health or for any other sufficient reasons.
4.
Classification:-
(1) There shall be two classes of detenus namely:
(1)
Better class, which includes, A.& B Class
detenus.
(2)
Ordinary class, which means “C” class detenus.
(2)
The classification in regard to any person detained under the ordinance shall
be determinated by the Government or the authority directing detention in
accordance with his social status and standard of living.
5. Diet:-(1) Detenus of A, B, and C,
classes shall be provided with diet the same scale as is for the time being
prescribed for convicted Prisoners of B and C
class respectively.
488 Pakistan
Prisons Rules
(2)
Detenu of any class may receive food from private
sources with the approval of the Government in the same manner as ordinary prisoners.
6.
Clothing (1) A detenu may wear his own clothes, and may with the permission of
the Superintendent, obtain extra clothes and bedding through relatives and
friends. A detenu who is unable to provide himself with sufficient clothing and
bedding through his own sources will be supplied by the Superintendent with
clothing and bedding on the same scale as is prescribed from ordinary
prisoners.
(2)
Where detenus obtain clothes from private sources their
washing charges shall be borne by the detenus themselves, and shall be
recovered from the funds of the detenus. In the case of clothes supplied by the
Superintendent the jail may provide the same facility for washing as is allowed
to ordinary prisoners.
(3)
A and B Class detenus shall be allowed furniture ----at
the scale allowed to A & B Class Prisoners.
(4)
A&B Class detenu may be allowed to keep a
transistor/radio, with the approval of the Government.
7.
Periodical
reports regarding detenus:- The Superintendent in whose custody any detenu
is placed shall on the first day of January, April, July and October in each
year submit to Government through Inspector-General of Prisons, Punjab a report
on the conduct, health and comfort of the detenu.
8.
Funds:- (1)
Detenu of A,B and C Class may receive Rs. 200, Rs 100 and Rs. 50 respectively
from friends/relatives to supplement
amenities of life.
(2) In addition to any funds received
under sub-rule (1) a detenu may be granted a monthly allowance in cash at the
following rates:-
A Class B Class C
Class
Rs. 50.00 Rs. 30.00 Rs.
15.00
(3)
A detenu may, with the permission of Government pass
the whole or any part of his allowance to his family or dependents.
(4)
All funds received by a detenu shall be kept by the
Superintendent and spent by him in consultation with the detenu.
(5)
A detenu shall not be allowed to receive money directly
by money order or otherwise, and all remittances meant for detenus shall be
made to the Superintendent.
(6)
In addition to the allowances to be paid to detenu
under the provisions of sub-rule (2) Government may, in its discretion, grant
an allowance for maintenance of the dependents of a detenu, having regard to
the consequences to the dependents of
any deprivation of the detenus capacity earn his livelihood and maintain them.
(7)
A separate account shall be dept by the Superintendent
of the expenditure of monthly allowance of each detenu and when the detenu is
transferred the balance of his monthly allowance and other funds (if any)
received by a detenu shall be notified to the receiving jail.
(8)
On final release from Jail, every detenu is entitled to
receive the balance of the monthly allowance and other funds (if any) that
stand to his credit.
(9)
Searches:--Every
detenue and his cell or ward, as the case may be shall be searched by the
Superintendent or any other Officer duly authorized by him in this behalf in
writing not less than once a week, and
oftener if the Superintendent so directs special precaution shall be taken to
make such a search thorough and the fact of the search shall be noted in the
report book of the officer conducting the search Detenus shall be searched
before and after interviews and at any other time if the Superintendent
considers it necessary.
(10)
Photograph and
fingerprints:- The District Superintendent of
Police or any other Police Officer duly authorized by him in
this behalf may take photographs and register the fingerprints of detenus.
(11)
Interviews:- No
detenu shall be permitted to have an
interview with any relative or friend unless the person seeking the interview:-
(a)
has been approved, in accordance with rule 12,as
person who may be regularly admitted for interview without special sanction or
has been granted such permission pending the preparation of the list of
interviewers; or
(b)
has obtained special permission to interview the
detenu in accordance with Rule 13.
12.
List of
persons approved for interviews:- (1) The Inspector-General of Prisons
shall, with the approval of Government, prepare a list of relatives and friends
of each detenu, who may be permitted to interview him without special sanction.
A copy of such list, which may be revised from time to time, will be supplied
to the Superintendent who will have the authority to allow persons on the list
to interview the detenu, in conformity with these rules without special
reference to the Government or the Inspector General of Prisons.
(2)
Pending preparation of the aforesaid list and supply of
the same to the Superintendent, the authority ordering detention or the
Government may permit any person to interview the detenu and on production of such permission the
Superintendent shall permit such person to have interview with the detenu.
(3)
When a person desires an interview with a detenu in the capacity of his legal adviser,
he shall apply in writing to the Government/ Superintendent giving his name and address and nature of the
case and stating the immediate object on his visit and shall satisfy the
Government/Superintendent that he is a bona fide legal adviser of the detenu
and has legitimate business with him Application received by the Superintendent
shall be forwarded by him to the Government for orders.
13.
Application
for Interviews:- (1) Applications
for interview from persons other than those referred to in Rule 12, shall be
preferred to the Government which may in its discretion grant or refuse
sanction:
(2)
The applications shall as far as possible be made in
Form ‘A’
(3)
An application for interview will not ordinarily be
considered unless it is received by the Government not less than four clear
days before the date of which the interview is sought.
14.
cases of
Impersonation:- If a person, not being one of the persons permitted by Rule
12 or a person specially authorized by Rule 13 to interview a detenu, secures
an interview with a detenu, pretending to be person in the permitted category
or one who has been given special permission, and the detenu is found to have
been a party to such impersonation interview with the detenu shall be
prohibited for such period as the Inspector-General of Prisons Superintendent,
may determine.
15.
Restrictions
on interviews:- (1) No detenu shall be allowed more than one interview in a
fortnight and no more than five persons shall be permitted to visit a detenu at
one interview.
(2) Persons admitted for interview may be
allowed, at the discretion of the Superintendent, to take children under 12
years of age with them, and any children so permitted shall be in addition to
the number of persons mentioned under sub-rule (1).
16. Days for interviews:- (1) Interviews
shall ordinarily take place on Thursday., but
where the enforcement of this rule entail harshness, the Superintendent
may, in his discretion, allow an interview to take place on any other day of
the week.
(2)
All cases in which the Superintendent exercise his
discretion under this rule to allow an interview on a day other than a Thursday
shall be reported by him forthwith to the Superintendent of Police of the
District in which the Jail is situated, except in the case of Lahore where the
report shall be made to the Additional Inspector-General/Deputy
Inspector-General of Police, special Branch.
(3)
Intimation of the date and time fixed for all
interviews shall be given by the Superintendent, not less than twelve hours in
advance, to the Additional Inspector General/ Deputy inspector-General of
Police, Special Branch in the case of detenus at Lahore and to the
Superintendent of Police of the District where the detenu is confined on other
cases, in order that arrangements may be made for the attendance of the officer
referred to in Rule 18.
17. Duration of
interview:- (1) Interview with relatives shall be limited to an hour’s
duration and those with others a half an hour provided that these limits may be
extended with the written permission of the Superintendent of Jail where the
detenu is confined.
(2) All cases in
which the Superintendent Jail makes use of the power conferred by sub-rules (1)
shall be reported by him forthwith to the Inspector-General of Prisons.
18.
Manner of
Interview:- All interviews shall take place in the presence of an officer
not below the rank of Sub-Inspector of Police deputed for the purpose by the
additional Inspector-General/Deputy Inspector –General of Police Special Branch
in case of Jails in Lahore and by the District Superintendent of Police in
other cases and such officer may stop the interview if the considers that the conversation
has turned on an undesirable subject, and he shall also report the matter to
the Superintendent, who may inflict on the detenu any of the punishments
enumerated Rule in 32.
19.
Increase in the
number of interview in special cases:- The Government may in special cases,
increase the number of persons permitted to be present at any interview and the
number of interviews allowed to a detenu in a fortnight.
20.
Record of
interviews:- A record shall be
maintained by the Superintendent of all interviews between a detenu and his
relatives with the names of the persons present at each interview.
21.
Correspondence
and censorship:- (1) Detenu of any class may be permitted to write two
letters in a week.
(2)
All letters from detenus shall be written in Form ‘B’
and shall not exceed the prescribed length. The forms shall be supplied by
Government.
(3)
No. detenu shall write a letter to any other deteue and
not more than one letter shall be enclosed in one envelope, except with the
special permission of the
Superintendent. All correspondence to and from a detenu
shall be confined to pure domestic mattes, or subjects relating to the welfare
of the detenu and his near relatives. Matter containing references to communal
or political or other objectionable matters shall be withheld as laid sown in
Rule 22.
(4)
No restriction shall be imposed on the number of
letters a detenu may receive.
22. Transmission
of letters, newspapers and other communications to detenu:-(1) No letters
newspaper or other communication shall be transmitted to or from a detenu
except through the Superintendent or such other officer as Government by
general or special orders in his behalf may direct.
(2)
All letters to and from a detenu detained in a jail
shall be censored by the Superintendent concerned, and subject to any special
orders of Government shall be submitted by him to the senior most Police
Officer of the district concerned, who may in his discretion either withhold
the letters or forward them without delays as they are or after scoring out
such portions as he may consider undesirable. In case of doubt the aforesaid
Police Officer shall refer the matter to the Government or other officer
designated by Government in this behalf.
(3)
Newspaper permitted by Government shall be handed over
to detenus without prior censorship. The names of newspapers periodicals and
magazines which have been approved by Government for detenus shall from time to
time be communicated to the Superintendent by Government.
(4)
No detenu shall receive more than two newspapers a day
or more than ten books a month. This restriction can be relaxed in cases by an
order in writing of the Government.
23. Transmission
of books to and from detenus:- (1) No books shall be transmitted to and
from a detenu except through the senior most Police Officer of the District and
the Superintendent. The Police Officer may in his discretion with held any
book. In cases in which books have been withhold a report shall be made to
Additional Inspector General/ Deputy Inspector General of Police Special
Branch.
(2) Superintendent, who in his direction
withholds any objectionable book, shall make a report to this effect to the
Government through the Inspector-General of Prisons.
24. Supply
of articles of stationery to detenus:- (1) Loose paper may be supplied to
detenus but only for writing the permissible number of letters or applications.
For other purpose ordinary schools exercise books shall be supplied and, the
pages shall be numbered. The extraction of any loose leave form any such
exercise book by detenu shall be dealt with as a breach of Jail discipline.
(2)
Pencils, Pens and ink may be allowed to detenus for
writing the permissible number of letters applications at Government cost but
if required for other purposes shall be, paid for out of their monthly
allowances or private funds.
(3)
Only such detenus may purchase articles of stationery
who really need them for literary pursuits. In case a detenu abuses this
privilege, the Superintendent may withhold the concession.
25.
Deletion of
objectionable portion from communications to and from detenus:- If in any
communication made by or intended to be delivered to a detenus, anything
objectionable from the point of view of jail discipline is found by the
Superintendent, he may delete the same or mark it for deletion and point this
out when forwarding such communication to the proper authority.
26.
Purchase of
newspapers by detenus:- In addition to newspapers periodicals and books
which may be received through the Superintendent, any detenu who receives funds
from outside may be allowed to purchase from such funds newspapers, periodicals
books and stationery subjects to the conditions laid down in rules 22 and 23.
27.
Initiating of
detenus letter by scrutinizing officer:- Every letter to or from a detenu
shall be initialled and dated by the officers who handle the letter.
28.
Procedure on
detention of letters to and from detenus:- In all cases in which a letter
from or to a detenu is withheld the detenu shall be informed, through the
Superintendent concerned of the detention, and every letter so withheld shall
be sent to the Inspector General of Prisons Government or other officer
designated by Government in this behalf who may in his discretion either retain
or destroy it.
29.
Telegrams to and
from detenus:- The following procedure shall be followed with regard to the
dispatch of telegrams to and from detenu.
(a)
When the telegram is to or from Government it shall be
forwarded direct, provided that the Provincial Government shall always be the
intermediary in correspondence with the Central Government.
(b)
It shall be the duty of the Superintendent to ensure
that on telegrams, the urgency of the contents of which justifies the use of
telegraph transmission, shall be dispatched by a detenu. Any telegram
dispatched by detenu, which in the opinion of the Superintendent does not
conform to the condition shall be considered to be a letter, to be included in
the total number of letters permitted to be written under sub-rule (1) of rule
21 and the detenu shall be informed accordingly in each case.
Punjab
Maintenance of Public Order Detenu Rules, 1979, 493
(c )
The Superintendent may dispatch any intended telegram from a detenu, including
a petition submitted in telegraphic form
by post instead of by telegram in any case where in his opinion the
subject-matter is not of sufficient urgency to justify transmission by
telegraph.
(d) Telegrams to or from private individuals
shall be subject to the censorship described in rule 22 in the absence of
special orders of Government to the contrary.
30.
Discipline—A
Detenu—
i.
Shall reside in the accommodation allotted to
him by the Superintendent whether in an associate ward or a cell.
ii.
Shall not proceed beyond the limits of the jail
save with the permission of the Superintendent given by general or special
order in this behalf.
iii.
Shall obey the orders of the Superintendent
issued from time to time for the comfort, safety and health, or for the
discipline, orderly conduct and control of detenus.
iv.
Shall attend to call and answer to his name in
person at such time and place within the jail as may be appointed by the
Superintendent.
v.
Shall not do anything willfully with the object
of affecting his own bodily welfare.
vi.
Shall conform to the standard of cleanliness and
dress laid down by the Superintendent.
vii.
Shall not have in his possession any coin,
currency notes or negotiable instrument any weapon, stick, razor other than
safety, razor, pieces of iron or any other articles which may be used as a
weapon of offence or defence .
viii.
Shall not exchange or sell any of his kit
equipment, clothes, furniture or other belonging.
ix.
Shall not refuse to take the prescribed diet;
and
x.
In matter not provided for by these rules, shall
abide by the provisions of the prison rule for the time being in force.
31.
Breaches of
Discipline:- Any detenu who contravene any of the provisions of Rule 30 or
refuses to obey any order issued there under or, does any of the following
acts, namely:-
i. Assaults, insults,
threatens or obstructs any fellow
prisoner or an officer of the jail, or any other Government servant or any
person employed in visiting the jail; or ii. Quarrels
with any person in the jail; or iii. Is guilty of indecent, immoral or
disorderly conduct; or
iv.
Communications or attempts to communicate with
any person outside the jail in an unauthorized manner; or
v.
bribes or attempts to bribe any Government
servant or any person employed in visiting the Jail; or
vi.
Commits any nuisance or willfully befouls any
well, latrine washing or bathing place; or
vii.
Disobeys the orders of or shows disrespect to
any official of the jail or
viii.
Willfully damages any property belonging to
Government or tempers with any locks, lamps or lights in the Jail or
ix.
Receives, possesses or transfers any articles in
contravention of any order of the Superintendent; or
x.
Feigns illness; or
xi.
Willfully brings a false accusation against any
officer the jail or a fellow prisoner; or
xii.
Omits or refuses to report as soon as it comes to his knowledge
the occurrence of any fire any plot or conspiracy to escape, attempt or
preparation to escape, and any attack, or preparation for attack upon any
officer or occupant of the jail; or
xiii.
Abets the commission by a follow prisoner or any
of the ongoing acts; or
xiv.
Omits or refuses to help any officer of the jail
in the case of an attempted escape on the part of any of his fellow prisoners, or
of any
attack upon such officer or upon
any of his fellow prisoners, shall be deemed to have committed a jail offence.
32.(1) Punishment:- If after such enquiry as
he may deem necessary, the Superintendent is satisfied that a detenu is guilty
of a prison offence specified in rule 31, he may award the detenu one or more
of the following punishments:-
a)
Confinement cell for a period not exceeding fourteen
days.
b)
Alternation of diet for a period not exceeding fourteen
days.
c)
Cancellation or reduction, for a period exceeding two months of the concession of
receiving funds or food or both from outside.
d)
Cancellation or reduction for a period not exceeding
two months of the privilege of writing and receiving letters or of receiving
newspapers and books;
e)
Cancellation or reduction for a period not exceeding
two months of the privilege of having interviews.
f)
Cancellation of the privilege of wearing his own
clothes.
(2)
If any detenu is guilty of a prison offence which by
reason of his having frequently committed such offence or otherwise is in the
opinion of sub-rule (1), Superintendent may report the facts to a Magistrate of
the First Class having jurisdiction and also forward the detenu, if still under
detention to him, and such Magistrate shall thereupon enquire in to and try the
charge so brought against the offender and on conviction may sentence him to
imprisonment for a term not exceeding one year provided that where the act
constituting the offence constitutes an offence punishable under the Penal Code
with imprisonment for a term exceeding one year, nothing in this rule shall
preclude the offender from being tried and sentenced for such offence in
accordance with the provisions applicable to such offence.
(3)
Where a detenu in jail is prosecuted under this rule
the trial may be held in jail if the Government so directs.
33.
Use of force to
compel obedience to lawful order:- The
Superintendent
may use or require to be used such force as may in his opinion be necessary to
compel obedience on the part of any detenu to any lawful order issued by the
Superintendent.
34.
Games and
exercise for detenus:- (1)
Arrangements for
games
for detenus shall be made by the Superintendent with due regard to the
maintenance of jail discipline and the safe custody of the detenus exercises
shall be allowed in the open air for at least one hour in the morning and one
hour in the evening on each day. During games and exercises in the open air
detenus shall be allowed to associate with each other under the supervision of
the jail staff in such numbers and in such manner as the Superintendent may
think safe.
(2)
Detenus shall be allowed to play Volley ball and
badminton if
there is room for this in the
jail and the number of detenus warrants it.
(3)
Detenus shall be permitted to engage in useful work to
enable
them to
make good use of their time and suitable employment may be provided for them in
their own yards and barracks, if they so desire, at the direction of
Superintendent, provided that they shall not be employed on any office or
clerical work.
35.
Smoking:- Detenus
shall be allowed to smoke cigarette at
their own expense, but smoking of
Hukka, shall not be allowed in the Jail.
36.
Applications or
representations:- (1) Detenus shall
submit
their
applications or representations to Government in duplicate. One copy of such
application or representation shall be detained by the Superintendent for
further reference.
(2) The Superintendent shall withhold
applications or representations addressed to Government by detenus which are
couched in disrespectful or discourteous language.
37. Transfer of detenus to hospitals:- (1)
In cases where it is
necessary
to remove a detenu to a hospital outside the Jail for operative or other
special treatment which cannot conveniently be given in the jail itself, the
orders of Government shall be obtained through the Inspector General of
Prisons.
(2)
In emergent cases, the Superintendent may anticipate
the
sanction of Government, but he
should make an immediate report of all cases in which he exercises this
authority.
(3)
The Superintendent shall ask the Superintendent of
Police of
the
district in which the jail is situated to make arrangement for guarding detenus
during their stay in the Hospital and for the purposes of jail discipline the
Superintendent shall depute a jail official to see that the rules herein
contained are properly observed by the detenu in the hospital.
(4)
Government or the Inspector General Prisons, with the
approval of the Government may
transfer any detenu from one jail to
another.
38. Treatment:- (1) If a detenu is found to
be in need of eye
glasses, the matter shall be decided before hand whether they
are to be supplied at Government expense or at his own expense and in either
case a reference shall be made to Government for sanction by the Superintendent
with the recommendation whether or not the spectacles be provided at Government
expenses.
(2)
In case a detenu wishes to get dental or other
treatment from
his private doctor instead of at
a Government hospital, the sanction of Government to this effect shall
invariably be obtained before hand.
(3)
In places where medical or dental facilities in
Government Institution do not exist and the detenus have perforce to resort to
a private practitioner for treatment, such expenses shall be met out of
Government fund.
(4)
Charpoys (Wooden) may be supplied on the recommendation
of Medical Officer of the Jail
concerned to detenus who are not in a good state of health.
39. Production of detenus in the Courts of
Law-(1) No detenu
shall be
taken out of the jail for production in a Court of Law other than the Lahore High Court, Lahore
,without prior sanction of Government. In case the detenu is required only to
give evidence he may not be allowed to
be produced in Court in person but may be examined in j ail through a
Commission.
(2) In case
the Lahore High Court, Lahore issues a Notice for the
production
of any detenu, the same shall be complied with and a reference to that effect
made to the Inspector-General of Prisons for obtaining formal sanction of
Government.
40. Miscellaneous.—(1) All pjarticulars
relating to detenus shall
be entered (without serial
numbers) on the register of civil Prisoners and all statistics of detenus shall
be shown separately in jail returns.
(2)
Detenus of either class shall be allowed to use
electric table
fans at their own expenses in
jails where facilities for these exist.
(3)
In case detenu desires to take up his university
examination
while
under detention, sanction of Government shall be obtained well in advance by
the Superintendent through proper channel and in case Government agrees to the
request, an examination center for holding of the examination shall be declared
within the premises of the jail with the prior consultation of the authorities
of the University concerned.
(4)
Class ‘A’ detenu shall be allowed furniture at the
scale
allowed to ‘B’ Class prisoner.
41. Rules
regarding a rail journeys by détentes:--(1) Whenever it is necessary to
transfer a detenu from one place to another by rail the calls by which he is to
travel shall be determined by Government.
(2) While in
transit from one place to another a detenu shall be
paid daily diet allowance to be
fixed by the Superintendent keeping in view the social states of the detenu.
42.
Issue of local
instructions by Inspector General of
Prisons:- Such other local
instructions as may be necessary for the guidance of jail officers may be
issued by the Inspector General of
Prisons or any other officer of Prison authorized in this behalf, with the
approval of Government.
43.
Rules to be
shown to detenus:- These rules shall be shown
to each detenu on his arrival in
jail
44.
Supersession of
existing rules:- These rules
supersede
the West Pakistan Maintenance of Public Order Detenu Rules,
1962
By order of the Governor of the
Punjab
S.K. MAHMOD
Secretary
to Government of the
Punjab
Home Department.
FORM
‘A’
(See Rule 13 (2)
Name of the detenu to be interviewed
Name and other particulars of applicant
Relationship of applicant to detenu
Full address of applicant
Date a.m
Hour p.m
Signature
of applicant----------------
FORM
‘B’
(See rule
21 (2)
Full Name of
Sender
Full name, address and relationship of addressee and of any
other person
mentioned in
the
letter
to
be declared.
“ Jail”
Signature of Censoring Officer Date Name
of sender
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