IHC issues notices to respondents in response to Bushra Bibi’s plea

14 Feb, 2024

ISLAMABAD: The Islamabad High Court (IHC) issued notices to the respondents in Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s wife Bushra Bibi’s petition urging the court to direct the authorities to transfer her from Banigala, which is declared a sub-jail, to Adiala Jail.

A single bench of Justice Miangul Hassan Aurangzeb on Tuesday heard Bushra Bibi’s petition, which she had filed through advocate Usman Riaz Gill and issued notices to the respondents with the direction to file their report prior to the next date of hearing.

The bench also directed respondent No 1 (Chief Commissioner Islamabad) “to bring on record all the relevant documentation which led to the issuance of the impugned notification dated 31.01.2024.”

The counsel requested the court to pass an order so that the petitioner can meet with her lawyer and the family members. At that, the court asked him to move an application in this regard to the superintendent Central Jail, Rawalpindi, who shall pass an order on such an application and produce the same before this Court on the next date of hearing.

During the hearing, Bushra’s counsel submitted that the impugned notification is without lawful authority inasmuch as under Section 541 CrPC, a notification to the said effect could only be issued by the provincial government, whereas, the chief commissioner ICT cannot exercise the powers of a provincial government.

He submitted that his client is not secure in the said premises inasmuch as all the guards are male and she has not been permitted to meet her family members and lawyers on the prescribed dates aimed for meeting with prisoners.

He added that the petitioner is also suffering inconvenience inasmuch as she has to be transported to Central Jail Rawalpindi in order to attend the proceedings in another Accountability Reference being conducted in the Central Jail, Rawalpindi.

After issuing the aforementioned directions, the IHC bench deferred the hearing of the case till February 22.

The Accountability Court, Islamabad, on January 31, 2024, 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 Banigala instead of Adiala Jail.

In her petition, she prayed to the IHC to set aside the January 31 notification, issued by the Office of Chief Commissioner, Islamabad, at the request of the jail superintendent, declaring Imran’s residence as a sub-jail for Bushra Bibi. The petition mentioned that no such request was made by Bushra in this regard, and she wished to spend her detention at Adiala jail.

She cited Islamabad’s chief commissioner, Adiala jail superintendent, inspector general of police, Punjab prisons, and the State as respondents in the case.

Bushra further mentioned that all citizens are equal in the eyes of law, stating that other political workers are in jails with ordinary prisoners.

Copyright Business Recorder, 2024

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