- (1.) Heard the parties.
(2.) Petitioner, who is in jail custody, seeks direction to 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 under Sections 307, 324, 326, 34, 120-B, I.P.C. and Section 27 of the Arms Act on the charges of committing murder of her husband.
(3.) 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 or 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.";