Says it will decide whether the pleas can be sustained only after receiving reports
ISLAMABAD:
The Islamabad High Court (IHC) has sought a detailed report and prison record from the superintendent of Rawalpindi’s Adiala Jail in a case on allegations that former prime minister Imran Khan and his wife, Bushra Bibi, are being kept in solitary confinement.
Justice Khadim Hussain Soomro issued the order on Saturday while hearing petitions related to the alleged solitary confinement of the PTI founder and his wife.
The court ordered the superintendent of Adiala jail to submit a comprehensive report explaining whether Imran Khan and Bushra Bibi had been kept in solitary confinement.
If so, the report must state why they were placed in solitary confinement, under what law, for how long, and whether the confinement constituted a form of punishment. The IHC noted that it would decide on the maintainability of the petitions only after receiving the reports.
The court also directed the jail authorities to submit details of the conditions under which Imran and Bushra are being kept and the facilities provided to them in the jail.
It asked the superintendent to explain the extent to which the allegations of solitary confinement were true and to provide full details.
The court also ordered the prison authorities to explain under which legal provision the prisoners were allegedly kept in solitary confinement, for what duration and under what circumstances.
The court also directed the Inspector General of Prisons to ensure that a jail officer of the rank of superintendent appears at the next hearing along with the relevant jail records, jail records and all related documents relating to both the prisoners.
It said the officer appearing before the court must be fully aware of the facts and circumstances of the case. The IHC adjourned the hearing to August 6.
Last week, Aleema Khanum, a sister of Imran Khan, filed a petition in the IHC seeking a declaration that the prolonged solitary confinement and incommunicado detention of her brother in Adiala jail is illegal, unconstitutional and without legal authority.
The petition, filed under Article 199 of the Constitution through a legal team led by advocate Salman Safdar and advocate Salman Akram Raja, named the superintendent and deputy superintendent of Adiala jail, the Punjab inspector general of prisons, the NAB chairman, the FIA director general, the medical superintendent, and the state of PIMS.
According to the petition, Imran is serving sentences in two cases – the Al-Qadir Trust case and the Toshakhana Bvlgari Set case – and his appeals against both sentences, along with applications for suspension of sentence, are currently pending at the IHC.
She claimed that since his conviction in the Bvlgari Set case, her brother has been subjected to “unprecedented, harsh and strict solitary confinement”.
According to the petition, Imran is kept in solitary confinement for approximately 22 hours a day, while his wife, Bushra Bibi, is kept in solitary confinement for 24 hours a day.
The petition drew particular attention to the deterioration of Imran Khan’s eyesight. It stated that he has lost approximately 85% of the vision in his right eye and has been taken out of Adiala prison on at least four occasions for injections at PIMS.
