The Islamabad High Court has issued an important ruling on petitions concerning the alleged solitary confinement of former Prime Minister and PTI founder Imran Khan and his wife, Bushra Bibi, during their imprisonment.
Justice Khadim Hussain Soomro announced the reserved judgment, declaring the petitions maintainable and directing Adiala Jail authorities not to keep Imran Khan and Bushra Bibi in solitary confinement.
The court also instructed the jail authorities to facilitate meetings between the two in accordance with prison rules.
According to the court’s directions, Imran Khan is to be provided access to meetings with his family members under the applicable jail regulations. The authorities have also been directed to make arrangements for telephone conversations between Imran Khan and his sons, again subject to the relevant prison rules.
Reports regarding the judgment further indicate that if Imran Khan’s telephone conversations are allegedly used for political purposes, the continuation of the telephone facility could potentially be reconsidered in accordance with the applicable rules.
The Islamabad High Court has also directed the jail authorities to provide Imran Khan with daily newspapers and books. The court ordered that medical facilities be ensured in accordance with prison regulations and that his basic rights as a prisoner be protected.
The jail superintendent has been instructed to ensure compliance with the court’s directions and submit a report to the court within the prescribed period regarding implementation of the orders.
The petitions had been filed by Imran Khan’s sister, Aleema Khan, and by Mushaira Khawar Maneka on behalf of Bushra Bibi. The petitioners had argued that Imran Khan and Bushra Bibi were effectively being kept in isolation inside the jail and that their access to family meetings and other facilities had been restricted.
The jail authorities, however, told the court that neither Imran Khan nor Bushra Bibi had formally been awarded solitary confinement as a punishment. They maintained that the two prisoners were being provided facilities in accordance with the applicable prison rules.
During the proceedings, the court examined the relevant prison laws as well as previous judicial precedents. Justice Khadim Hussain Soomro had earlier sought detailed records and reports from the jail authorities to determine the legal basis for keeping a prisoner in isolation, the permissible duration of such confinement, and whether solitary confinement could legally be imposed as a form of punishment.
In its latest judgment, the court relied on principles established in the Nusrat Bhutto case and the Begum Shamim Afridi case while determining that the petitions were maintainable. The court subsequently issued clear directions to the authorities at Adiala Jail.
The ruling is significant for Imran Khan and Bushra Bibi as it addresses their access to one another, communication with family members, telephone contact, reading material and medical facilities while in custody.
The next important development will be the implementation of the Islamabad High Court’s directions by Adiala Jail authorities and the report that is expected to be submitted to the court regarding compliance with the judgment.
