IHC rules to provide all facilities to Imran, Bushra Bibi in jail

ISLAMABAD: The Islamabad High Court (IHC) on Friday directed the government to ensure the safety and health of the Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his spouse Bushra Bibi, who are currently serving time in Rawalpindi’s Adiala Jail.

“The federal government must ensure compliance with the guidelines provided by the court,” the decision stated. The ruling mandates that all entitled facilities be provided to the former first couple while in jail.

IHC Chief Justice Aamer Farooq issued a written verdict, outlining a number of key directives — disposing of a petition filed by Bushra Bibi regarding the provision of facilities and protection of basic rights for the incarcerated PTI founder.

The former prime minister, who was booted out of power via a no-trust motion in April 2022, is up to his neck in a legal quagmire facing charges ranging from corruption to terrorism since losing the premiership.

He has been behind bars since August last year after he was sentenced in the Toshakhana case and subsequently in other cases too ahead of the February 8 elections.

Khan was granted relief in the other cases, including the £190 million reference and Toshakhana, and was also acquitted in the high-profile cipher case in July.

However, the former first couple remains behind bars due to the conviction in the iddat (un-Islamic nikah) case only.

The IHC decision spotlights that the petition was filed at a time when both the PTI founder and [his wife] Bushra are serving a sentence in prison.

The issues raised by the petition are not limited to the PTI founder but are of a general nature, the court noted.

“It is incorrect to say that a prisoner has no rights,” the decision asserted. “Imprisonment does not mean inhumane treatment. The purpose of imprisonment is the reformation of the prisoner without subjecting them to any physical or mental stress.

“The court has referred to the guidelines provided in the case of Khalid Hussain vs Ministry of Human Rights,” the decision said, adding, “The federal government is obligated to enforce these guidelines in all prisons, especially Adiala Jail.”

The court observed that the federal government had so far failed to ensure the same. The decision stressed the need for immediate compliance with the provided guidelines in all jails across the country.

“Pakistan is a signatory to numerous international human rights agreements,” the court noted, pointing out that the federal government had not taken sufficient steps to implement these agreements.

The IHC disposed of Bushra Bibi’s petition with these directives, reinforcing the need for humane treatment and protection of rights for all prisoners.

Khan and his wife were convicted and sentenced for seven years in February for contracting marriage during the former first lady’s iddat period — during which a woman cannot remarry, according to Shariah law.

The court sentence followed the petition filed by Khawar Maneka, Bushra’s former husband.

Late last month, an Islamabad district and sessions court turned down the pleas of the ex-premier and his wife to suspend their seven-year sentences in the iddat case.