Orders issued for transfer of prisoners from one jail to another under Rule 158

LAHORE: The Punjab Home Department has issued instructions to the Inspectors General of Prisons to immediately implement Rule 158 of Pakistan Prisons Rules 1978 regarding transfer of under-trial and convicted prisoners from one jail to another.

The directives have been issued on the recommendations of a special committee, formed by the Home Department to address the long-standing problems in the provincial prisons system.

According to Rule 158 of the Pakistan Prisons Rules 1978, the Inspectors General of Prisons already have the power to transfer ordinary prisoners, including those sentenced to life imprisonment, from one prison to another, while the home secretary has the power to transfer prisoners sentenced to death. However, due to administrative and security concerns, both the authorities are not fully exercising their powers.

The Home Department’s special committee noted that the death-row prisoners are already confined in their native districts due to improved security and facilities in the district jails of Punjab. Furthermore, industries are being set up in each district jail, which will provide employment opportunities for prisoners.

The special committee also said in its recommendations that central jails across Punjab are overcrowded, while district jails have more space for prisoners. The guidelines issued by the Home Department aim to improve the jail system and the welfare of prisoners by ensuring that prisoners can complete their sentences near their home districts.

The Home Department committee’s recommendations set a systematic timeline for shifting prisoners out of their home districts and outline specific rules for different categories of prisoners, including those with poor conduct, elderly prisoners, and those convicted of serious crimes. Under Rule 158, long-term prisoners, who have already served at least half of their sentence, will be transferred to jails in or near their home districts, taking into account any remissions. The process of transfer is expected to be completed by December 2024 for the first phase.

A key feature of the new Home Department guidelines is the immediate transfer of prisoners above the age of 65 to jails in their home districts, irrespective of the time remaining in their sentence. According to the law, this will only benefit those aged prisoners who can provide concrete proof of their age through identity cards, matriculation certificates, or other reliable documents.

The new guidelines also stipulate that prisoners with unsatisfactory conduct who have received three or more punishments within a year cannot be transferred to jails in their home districts unless their behaviour improves.

The assessment will be made by the jail superintendent, who will monitor the prisoner for a year before granting permission for transfer.

However, this rule will not apply to prisoners involved in assault on prison staff, escape attempts, prison riots or violent acts. Such prisoners will not be confined in the jails of their home district, but may be transferred to central or high security jails.

The recommendations of the committee have particularly emphasised the needs of vulnerable and high security prisoners. Women prisoners, irrespective of the length of their sentence, should be provided with separate facilities and be kept in the jails of their home district. In cases where separate facilities for women are not available, women prisoners may be transferred to the nearest jail with such facilities or to a jail of their choice.

Juvenile offenders shall be similarly given priority for transfer to district jails in their home districts, though this would be subject to the availability of separate facilities for juveniles. If such facilities are not available, juveniles would be transferred to borstal institutions or other jails to meet their specific needs.

Prisoners classified as terrorists, sectarian offenders, or those involved in anti-state activities or espionage, who are classified as high security threats, would not be transferred to home district jails. These prisoners would be kept in central or high security jails where their safety and security of the facility could be managed more effectively.

The new guidelines have also introduced stricter rules for prisoners convicted of serious crimes. Prisoners convicted of dacoity, robbery or kidnapping for ransom will not be kept in the district jails of their native districts for more than five years. Similarly, prisoners convicted of drug-related offences and sentenced to more than five years will be transferred to central jails.

For the first time, the Punjab Home Department has delegated the authority to the Regional DIGs of Prisons to transfer under-trial and convicted prisoners to jails in their respective districts, making them part of the administrative process. Previously, this authority was only with the IG Prisons and the Home Secretary.