Transfer from one jail to another of the under-trial prisoner cannot be done by the Government. Court committing him to custody can do so. 1974 P.Cr.LJ 249 Ali Muhammad (Also see under section 491, Cr.P.C. where High Court can do so).
Transfer from one jail to another pending appeal to the High Court on the ground of inconvenience. Transfer allowed. NLR 1983 Cr. 340. Sardar Bibi.
Transfer from one jail to another than that mentioned in the detention order amounts to illegal and improper custody. u/S. 491, Cr.P.C. High Court directed Govt. to transfer the detenue to the place mentioned in the detention order. NLR 1981 Cr. 609 Bushra Aitzaz Ahsan v. Supdt. Jail Kot Lakhpat.
Transfer from one jail to another pending appeal for transportation for life. Appellant transferred from one jail to another under section 491 (1) (e), Cr.P.C. 1971 P.Cr.LJ 39 Mst. Said Bibi.
Under-trial prisoner cannot be transferred from one jail to another by the I.G. Prisons without the authority of the trial Magistrate. PLD 1976 Lah. 93 Zia-ud-Din v. Supdt. Camp Jail, Lahore. 1974 P.Cr.LJ 249 Ali Muhammad.
Transfer of prisoners under trial cannot be done even by I.G. Prisons without the approval of the trial Court, PLD 1980 Lah. 162. Muhammad Tufail Khan v. I.G. Prisons. PLD 1976 Lah. 93. Zia-ud-Din v. Supdt. Jail ref.
Condemned Prisoner transferred from Borstal Jail to the District Jail of his own District in application u/S. 491 (1) (e), Cr.P.C. read with Sec. 29 Prisoners Rules 151, 154 & 158. Petitioner's appeal against death sentence pending in High Court, prisoner considered as under trial, appeal being continuation of trial. PLJ 1989 Cr.C. (Lah.) 570. Raza Hussain.
Prisoners to be kept in prisons near their homes. This would be in consonance with the spirit of Prison Rules and would go a long way to alleviate a human problem. (See Rule 159 of Pakistan Prison Rules). 1994 SCMR 1527. Re: Human rights case.
Transfer from Bahawalpur Jail to Rawalpindi Jail where appeal of the appellant Sheikh Rasheed Ahmed was pending. Application was made u/S. 491 (1) (e) Cr.P.C. read with Sec. 561-A Cr.P.C. Also see rule No. 161 of the Prison Rules which requires that the prisoners shall not ordinarily be transferred from the prison they were in, in the first instance committed until the result of the appeal is known or if the appeal is not preferred until the time for filing the appeal had elapsed. Transfer from Bahawalpur Jail to Rawalpindi Jail allowed by the Supreme Court. PLJ 1996 SC 717, Sh. Rasheed Ahmed.