Mst. BUSHRA IMRAN KHAN vs CHIEF COMMISSIONER, ISLAMABAD Ss — 2024 PLD 319 ISLAMABAD

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Mst. BUSHRA IMRAN KHAN VS CHIEF COMMISSIONER, ISLAMABAD Ss. 383 & 541---Prisons act (IX of 1894), S. 3---Constitution of Pakistan, arts. 24 (2) & 199---Constitutional petition---Execution of sentence---Private house declared as prison/sub-jail---Legality---Property rights---Petitioner was convicted and sentenced to imprisonment by Trial Court and house owned by her husband was declared as sub-jail, wherein she was confined to undergo her sentence of imprisonment---Notification declaring sub-jail was issued by Chief Commissioner, Islamabad Capital Territory---Petitioner/convict assailed her confinement in house declared as sub-jail---Validity---House of husband of petitioner/convict was designated as sub-jail through notification issued under S. 541, Cr.P.C., but such place could not be categorized as a "prison" for the purposes of Prisons act, 1894---By declaring house of husband of petitioner/convict as a sub-jail, the State took over possession of that property---authorities did not obtain consent of owner of the house before its declaration as a sub-jail---Even authorities did not pay any compensation to owner of the house for declaring it as a sub-jail---Such wanton usurpation of private property with no compensation was violative of art. 24(2) of the Constitution---High Court set aside the notification issued by Chief Commissioner, Islamabad Capital Territory, declaring a private property as sub-jail only for the purposes of confining therein the petitioner/convict, as the same was without lawful authority and of no legal effect---High Court directed the authorities to transfer petitioner/convict to jail to serve sentence awarded to her by Trial Court---Constitutional petition was allowed accordingly.

Mst. BUSHRA IMRAN KHAN vs CHIEF COMMISSIONER, ISLAMABAD Ss — 2024 PLD 319 ISLAMABAD

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