ISLAMABAD - The Islamabad High Court (IHC) Thursday sought a report from Islamabad administration about the present condition of PTI founding chief Imran Khan’s wife Bushra in Bani Gala sub-jail.
A single bench of IHC comprising Justice Miangul Hassan Aurangzeb conducted hearing of the petition moved by Bushra through her counsel Usman Riaz Gill and directed the senior officer of Islamabad administration to visit Bani Gala and submitted a report about her presence there.
During the hearing, lawyers Usman Riyaz Gil and Sher Ranjha appeared before the court representing Bushra while lawyer Malik Abdul-Rehman represented the chief commissioner’s office. The chief commissioner’s office also submitted a report.
Justice Miangul Hassan asked about the ownership of the house and asked that whether they had sought the owner’s permission before declaring Bani Gala residence a sub-jail. Malik Abd-ur-Rehman, the official lawyer, stated that he was unaware of any permission from the owner. The IHC Justice Aurangzeb said that according to the law, a notification should be issued with the consent of the property owner. Bushra’s lawyer claimed that the house belongs 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 jurisdiction of the Inspector General of jails. Bushra had voluntarily presented herself at Adiala jail. The counsel said this entire process is illegal as this was the job of IG Jails. He added that when Bushra had entered into Adiala jail then the jail superintendent 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 is 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 Banigala, which is declared sub-jail, to Adiala Jail.
Then, Adial jail superintendent submitted a report in the court and informed the bench about the reasons behind keeping Bushra Bibi at Bani Gala.The report of jail authorities stated that Adiala jail is short of space and has 250 women incarcerated in 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 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 eyes of law, stating that other political workers are in jails with ordinary prisoners. “My transfer to Banigala Sub Jail after having me wait for 11 hours after the sentencing is against equal rights,” she added. “After 9 p.m., the petitioner was informed that she had to be shifted to another jail to serve her sentence, and later Bushra was brought to the Banigala residence. It was informed later that Imran’s house had been declared a sub-jail,” the petition said.