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Judgment
8 paragraphs · 323 wordsM.Y. Eqbal, J.—Heard the parties.
Petitioner, who, is in jail custody, seeks direction upon the respondents to allow her two children (twin daughters) aged below two years to remain with her in confinement in Sakchi Jail,
Petitioner has been arrested in connection with Sitaram Dera P.S. Case No. 41/2004 registered u/s 307, 324, 326, 34 and 120B, IPC and Section 27 of the Arms Act on the charges of committing murder of her husband.
Mr. M.S. Anwar, learned Sr. counsel, has drawn my attention to clause 889 which reads as under :
"889. Children up to two years of age shall be allowed to remain with their mothers in confinement. The Superintendent of a jail may in exceptional circumstances where there is nobody else except the mother to look after the child, admit to jail op retain in jail a child up to five years of age in company with the mother. Children shall be allowed such diet as the Medical Officer may order for them, and shall be provided with suitable clothing. Children beyond five years of age shall not be permitted to accompany their mothers to jail or to remain with their mothers in confinement."
From bare perusal of the aforesaid provision, it is manifest that the children up to two years of age shall be allowed to remain with their mothers in confinement in exceptional circumstances where there is nobody else except the mother to look after the child. It is submitted by Mr. Anwar that presently children are in custody of their grandfather.
In my opinion, therefore, when the children are in custody of their grandfather it would be highly improper to allow the children to remain with the petitioner in jail confinement. In the interest of justice and also for the welfare of the children, I do riot find any reason to allow the writ petition.
This writ petition is, therefore, dismissed.