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Wednesday May 01, 2024

Do prison rules allow Imran to write article in foreign publication?

No letter shall be delivered to or sent by a prisoner until it has been examined by the Superintendent or an officer authorized by the Superintendent: 546 Prisons Rules says

By Fakhar Durrani
January 07, 2024
Imran Khan is pictured at a lawyers convention in Lahore, on September 21, 2022. — AFP
Imran Khan is pictured at a lawyers' convention in Lahore, on September 21, 2022. — AFP

ISLAMABAD: Did Imran Khan write the January 4 article for British publication ‘The Economist’? As confusion persists over this, both the federal and Punjab governments claim that the published piece was a ‘ghost article’. However, PTI Information Secretary Raoof Hasan claims the letter was written by the former premier himself. 

While Punjab’s jail authorities are investigating the matter, the real question is: do Pakistan’s prison rules allow an inmate to write a letter or article to any publication (national or international)? Can a prisoner be actively involved in politics while in prison? What do the Pakistan Prison Rules 1978 say about the rights of prisoners, their involvement in politics, or if they can write to or for a foreign publication?

Talking to The News, Caretaker Federal Minister for Information and Broadcasting Murtaza Solangi said that Adiala Jail comes under the Punjab government’s jurisdiction, and as such the provincial government must be investigating this matter. Saying that he believes this was a “ghost article”, the caretaker minister added that “The federal government will approach The Economist and write [to] them that if Imran Khan sends an article/letter following due process and the jail manual then it is publishable. But according to my information, he hasn’t written any such article, and the foreign publication has misled its readers. We are working on it and will soon write a letter to The Economist.”

The News also contacted the PTI’s Secretary Information Raoof Hasan and asked whether the said article had been written by Imran Khan himself or if it was a ghost article written by someone in his name. Confirming that the letter was not a ghost-written piece and had been written by the PTI chief, the PTI information secretary said that no one from the current political leadership, whether Nawaz Sharif or Asif Ali Zardari, matches Imran Khan’s intellect.

What do the prison rules say about an inmate writing an article this way? Rule 265 of Pakistan Prison Rules 1978 says, “Superior class prisoners shall be allowed to write one letter and have one-interview weekly. Both the letter and interview are interchangeable. On urgent occasion such as death or serious illness in a prisoner’s family, this rule may be relaxed at the discretion of the Superintendent. The number of persons who may visit a prisoner at any given time should be limited to six.”

The same rules also prohibit inmates from politics: “The discussion of political matters shall not be allowed at these interviews. The subject matter of all letters shall be strictly limited to private affairs and shall not contain any reference to prison administration and discipline, other prisoners or politics. Publications of matters discussed at interview or of the substance of letters received from prisoners shall entail the withdrawal or curtailment of this privilege.”

Similarly, no letter can be sent out of prison until it is examined by the superintendent or an appropriate officer. Rule 546 of the Prison Rules says, “No letter shall be delivered to or sent by a prisoner until it has been examined by the Superintendent or an officer authorized by the Superintendent... but no necessary delay shall be allowed to occur in its delivery or despatch. If a letter is written in a language unknown to the examining officer, he shall take steps to get it translated before forwarding it.”

“No letter written in cipher shall be allowed to be sent or received. The Superintendent may withhold any letter which seems to him to be in any way improper objectionable, or may delete any passages which appear improper or objectionable. The subject-matter of letters shall be restricted to private and domestic affairs only. Suspicious looking letters may be exposed to heat or treated in any other suitable manner as a safeguard against unauthorized messages written in invisible ink being smuggled in or out of prison.”

On the retention of letters, Rule 547 says that a prisoner may “unless the Superintendent otherwise directs, retain any letters which may have been delivered to him or may request these be kept for him in the prison.” Similarly, no interview or interview or communication can take place without the permission of the superintendent.

Moreover, Rule 549 says that a prisoner permitted to write letters will be provided writing materials “and all letters shall be written at such time and place as the Superintendent may appoint. One day in the week, preferable Sunday, shall be set apart for letter writing. Service postage stamps at Government expense shall be provided for prisoner’s letters. Letters and interviews, etc, to be recorded on history tickets.”

The record-keeping of such communication has also been laid down by the Prison Rules, 550 of which says that “Interviews and letters allowed to a prisoner shall be entered on his history ticket and initiated by the Superintendent or by an officer deputed by him. (ii) Every interview shall also be recorded in the interview register and entries shall be initiated by the Deputy Superintendent and Superintendent. (iii) All petitions, vakalatnama and notices sent or received by prisoners shall be entered on the history tickets. All registered letters and parcels received by prisoners shall be similarly recorded.”