ISLAMABAD: The Islamabad High Court (IHC) sought a report from the Islamabad administration about the present condition of founder Pakistan Tehreek-e-Insaf (PTI) Imran Khan’s wife Bushra Bibi in Bani Gala sub-jail.
A single bench of IHC comprising Justice Miangul Hassan Aurangzeb, on Thursday, heard the petition of Bushra through her counsel Usman Riaz Gill and directed the senior officer of the Islamabad administration to visit Bani Gala and submit a report about her presence there.
During the hearing, lawyers, Usman Riyaz Gil and Sher Ranjha appeared before the court representing Bushra Bibi, while lawyer Malik Abdul Rehman represented the chief commissioner’s office. The chief commissioner’s office also submitted a report.
Justice Aurangzeb asked about the ownership of the house and asked whether they sought the owner’s permission before declaring Bani Gala residence a sub-jail. Malik Abdul Rehman, the official lawyer, stated that he was unaware of any permission from the owner.
Justice Aurangzeb said according to the law, notification should be issued with the consent of the property owner. Bushra’s lawyer claimed that the house belonged to Imran Khan, and without his consent, it should not be considered a sub-jail.
The IHC bench inquired if there were any regulations regarding designating a private residence as a sub-jail, to which, the official lawyer responded that the jail administration had reported concerns about the security of the applicant, who is the former prime minister’s wife.
Bushra’s lawyer contended that the transfer of any inmate is under the jurisdiction of the Inspector General of jails. Bushra Bibi voluntarily presented herself at Adiala jail. The counsel said this entire process was illegal as this was the job of IG jails.
He added that when Bushra Bibi had entered Adiala jail then superintendent jail had no power to shift her.
The judge asked that whether the applicant could move within the premises, to which, the lawyer explained that Bushra was allocated only one room and could not leave it. Bushra’s lawyer requested the court to appoint a commission to inspect the conditions of the house as Bushra was unable to meet her family.
Subsequently, the court inquired about the issuance date of the imprisonment notification. Bushra’s lawyer mentioned that the punishment was declared on January 31, and the notification was issued on the same day.
Later, the IHC bench deferred proceedings of the case till the next hearing, seeking a report on the meetings of Bushra Bibi’s family with her at Bani Gala.
In her petition, Bushra Bibi’s petition urged the court to direct the authorities to transfer her from Bani Gala, which is declared sub-jail, to Adiala jail.
The report submitted by the Adiala jail superintendent stated that Adiala jail is short of space and has 250 women incarcerated on the premises. It added that therefore, shifting of Bushra Bibi from Bani Gala to Adiala jail was not feasible. The report outlined that the logistical constraints and security considerations made it impractical to accommodate Bushra Bibi at Adiala jail.
The Accountability Court, Islamabad, on January 31, sentenced the former premier and his wife Bushra Bibi to 14 years in jail in Toshakhana reference. Following the conviction, the former first lady was detained in Bani Gala instead of Adiala jail.
Copyright Business Recorder, 2024
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