Toshakhana II case: Court rejects jail authorities’ request to review order

ISLAMABAD: The court of Special Judge Central Islamabad Shahrukh Arjumand adjourned the hearing of the Toshakhana II case against the founder of PTI and Bushra Bibi on Wednesday till May 21.

The judge also rejected the request of the jail authorities to review the court orders allowing the PTI’s founder to talk to his children, a checkup by a personal doctor and the jail facilities. The jail authorities also submitted that the jail manual does not allow a physical checkup by a personal physician or a telephonic conversation abroad. The jail superintendent requested that the court review its orders of January 10, January 28 and February 3. It described them as being against equality and justice in prison rules. They referred to Article 25 of the Constitution that guarantees equality before the law for all citizens and prohibits discrimination.

The jail authorities said the court order can be used in the future to blackmail the judicial system and make unnecessary and unauthorised demands on the prison administration.

The court’s order is against the fundamental rights of the prisoners. The report alleged that the prisoners are enjoying unfair and unauthorised facilities, due to which other prisoners are also demanding them.

The jail authorities mentioned that 93 foreign prisoners in Adiala Jail want to contact their loved ones abroad, but they have never been given the facility. Limiting this facility to one prisoner will tantamount to discrimination, they said. A large number of applications have been received from the Punjab prison authorities, in which prisoners expressed their disappointment over the non-discriminatory treatment. These facilities are also not included in the Prison Rules 1978, it stressed.

The court rejected the review petition by the prison authorities and allowed the founder of PTI to talk to his sons and undergo an examination by his personal physician. It also directed the prison authorities to implement the court orders of January 10, January 28 and February 3. While rejecting the review petition of the Adiala Jail authorities, the court said in its decision that the order was made only after reviewing all the facts.