By: Azhar Azam
Last week, the former prime minister and his daughter were convicted on Avenfield Reference by Rawalpindi NAB court. Both the offenders were arrested on Friday night at Lahore airport and afterwards were taken to the court on a chartered flight.
According to Rule 248 of Pakistan Prisons Rules 1978, there are only two classes for under trial prisoners – better class and ordinary class. Nevertheless, A and B class prisoners are referred as ‘Superior Class Prisoners‘, under Rule 250.
What is ‘B’ or ‘Better’ Class
Better class includes such under-trial prisoners who by social status, education, or habit of life have been accustomed to superior mode of living and will correspond to A and B class of convicted prisoners.
Ordinary class includes all others and corresponds to C class. Under trial prisoners who pass matriculation of higher examination is 1st Division are also eligible for better class in jail, with effect from the date of result announced.
Qualifications for ‘B’ Class (Rule 245)
To grant ‘B’ class to a prisoner, the recommending authority has to furnish certain details to the government such as prisoner is casual of habitual, previous convictions, offence and sentence, social and financial status of family, profession of the prisoner, income of the prisoner, academic qualifications.
Accommodation (Rule 252)
Superior class prisoners are kept apart from other prisoners and can be accommodated in rooms or in association barracks set aside from them. Separate confinement is strictly prohibited.
In case of ‘B’ class prisoners; it is not mandatory to keep them separate from ordinary prisoners in factories or at times when they are not required to be in their rooms or barracks.
Tasks (Rule 253)
The tasks are assigned with due regard to the capacity, character, previous mode of life, and antecedents of the prisoners.
Sleeping Outside in Hot Weather (Rule 254)
A and B class prisoner may be allowed to sleep outside their rooms and barracks during the hot weather (1st May to 1st October), subject to arrangements. This facility is however not offered to condemned prisoners of superior class.
Furniture (Rule 255-Amended)
Room are supplied with one cot woven with niwar, one chair, one teapot, one table lamp, one shelf, one ashtray, one wooden rack, and necessary washing and sanitary appliances.
Similarly, association barracks are provided with one cot woven with niwar per prisoner, one large table with benches, shelves, sufficient light for reading (till 10:00 PM), necessary sanitary appliances, latrines, and bathrooms in enclosures.
Commodes may also be provided where flush fittings are not available or the prisoners are accustomed to their use and seek such facility.
Exercise and Games (Rule 256)
Superior class prisoners are allowed for walking, physical exercise, or playing outdoor games such as volleyball and badminton, subject to space in enclosure permits the same. Indoor games are also allowed at the cost of the prisoners.
Sanitary and Bath Arrangements (Rule 257)
Superior class prisoners are legitimized for articles such as jersey, bunyan, hairoil,lota, comb, small mirror, toothbrush, toothpaste, mug, plate, shaving, bathing and washing material, eatables, and other related necessary items, as describes in Rule 75.
Prisoners in associated barracks are provided with one fixed mirror in wall, one hair comb, one soap, one lota, one mug, one towel, one plastic tub for ten prisoners, and a fixed towel hanger in bathroom.
Cooking Arrangements (Rule 258)
In case several superior class prisoners are confined together, a separate cook house or two 'C' class prisoners may be provided to them for cooking their food.
If a superior class prisoner in confined individually, he may be permitted a 'C' class prisoner to cook his food.
Utensils (Rule 259-Amended)
Only 'A' class prisoners are allowed to use their own utensils. Other prisoners are supplied with government provided utensils including one plate, one tumbler, one spoon, and various other items.
Diet, Clothing, and Mosquito Nets (Rule 260-Amended, Rule 261)
Diet to ‘A’ class prisoners may be supplemented at their own expense with extra article of food. Occasional presents of fruits by their relatives and friends are also permitted.
‘B’ class prisoners may also obtain food at their own expense. Other prisoners will be provided diet in accordance with the provided diet scale.
‘B’ class convicted prisoners have also to use the provided clothing and 5cm foam mattress throughout the year. Superior class prisoners may be permitted to use mosquito nets at their own expense.
Facilities for Reading and Electric Fans (Rule 263 and 264)
In addition to books provided in the prison library, a prisoner may have any number of ‘suitable’ books or magazines, up to a reasonable level.
Prisoners may also be allowed to use their own electric fans, if such facility is not available in the ward reserved for them.
Letters and Interviews (Rule 265)
Superior class prisoners are allowed for one letter and one interview a week. The number of persons who may visit a prisoner at any given times should not exceed six. The matter of the letters must be restricted to private affairs only.
However, publication of the matters discussed at interview or of the substance of the letters received from prisoner will terminate or curtail the privilege.