The Islamabad High Court (IHC) on Monday removed the registrar office’s objections to petitions filed on behalf of former Prime Minister Imran Khan and his wife Bushra Bibi challenging their alleged solitary confinement. The court directed that the petitions be assigned regular numbers, but deferred the question of maintainability to be decided later on the judicial side.
Hearing Details and Arguments
A single bench comprising Justice Khadim Hussain Soomro conducted the hearing. The petitions were filed by Imran’s sister Aleema Khan and Bushra Bibi’s daughter Mubashra Khawar Maneka. Barrister Salman Safdar and PTI Secretary General Salman Akram Raja appeared before the court.
During the hearing, Safdar argued that the registrar’s office had raised an objection that the petitioners were not the aggrieved parties. He maintained that Aleema is the PTI founder’s sister and Mubashra is Bushra Bibi’s daughter. Safdar said the issue of alleged solitary confinement had previously been raised before the IHC Chief Justice during appeals, who directed them to approach the relevant forum.
Legal Precedents Cited
Referring to previous case law, Safdar cited the Begum Shamim Afridi case, where a wife had challenged the solitary confinement of her imprisoned husband. Justice Soomro asked counsel to identify the relevant paragraph confirming the petitioner was the prisoner’s wife. Safdar then read the relevant portion of the ruling.
The lawyer said he had not been allowed to meet Bushra Bibi since December, while he had met Imran only twice under orders issued by the Chief Justice of Pakistan and the IHC Chief Justice. Safdar argued that they do not have a television and are not being provided with newspapers. “Solitary confinement is the harshest form of punishment,” he said, adding that there is no mention of solitary confinement in the judgment against them. He contended that even extraordinary prisoners can only be kept in solitary confinement for 14 days.
“Both husband and wife are being subjected to inhumane treatment and have been kept in solitary confinement for the past seven months without being allowed to meet anyone,” Safdar alleged. He also referred to a previous petition involving Prime Minister Shehbaz Sharif, asking, “If no family member can approach the court, then who can?”
Court Proceedings and NAB’s Response
During the proceedings, Justice Soomro asked for a copy of the order in which the IHC Chief Justice had allegedly directed the petitioners to approach the relevant forum. “We do not have a copy of the order. We face difficulties even in obtaining certified copies,” Safdar replied. The court then summoned NAB Prosecutor Rafay Maqsood to the rostrum.
NAB prosecutor Rafi Maqsood contended the claims, telling the court that after meeting Imran, Safdar had never informed the bench that his client was being held in solitary confinement. “He only told the court that he had been instructed to argue the suspension of sentence applications and not the appeals,” the prosecutor said. Safdar responded that a miscellaneous application raising the issue had already been filed in the pending appeals. The prosecutor argued that the miscellaneous application had already been dismissed, while Safdar maintained it had not. The NAB prosecutor further contended that the matter could now be taken to the Supreme Court and could not be pursued through a constitutional petition under Article 199.
Petitioners’ Claims and Court’s Decision
The petitioner contended that no court awarded the 74-year-old former premier solitary confinement in either the Al-Qadir Trust Case or the Toshakhana-II case, yet jail authorities have allegedly kept him in isolation for nearly 22 hours a day over the last six months without any lawful sanction. Safdar requested the court to summon copies of the miscellaneous application and any related order from the earlier proceedings, maintaining that no order had been passed by the chief justice’s bench on the solitary confinement issue.
After hearing the arguments, the court removed the registrar’s office’s objections, directed that the petitions be assigned regular numbers, and held that the question of maintainability would be decided on the judicial side. On Safdar’s request for an early hearing due to proceedings in another matter, the court deferred further hearing until Tuesday.
Details of the Petitions
In her petition, Aleema Khan challenged the alleged solitary confinement of her brother, Imran Khan, describing his detention conditions as unlawful and inhumane. She filed the petition through Barrister Salman Safdar and cited the Adiala jail Superintendent, the Inspector General of prisons, the National Accountability Bureau (NAB) chairman, the Federal Investigation Agency (FIA) Director General, and the Executive Director of PIMS as respondents. The petitioner prayed the IHC to declare Imran’s alleged solitary confinement illegal and direct the authorities to end the practice.
In the petition filed on behalf of Bushra Bibi, her daughter Mubashra Khawar Maneka challenged the alleged solitary confinement of the former first lady in Adiala Jail. The National Accountability Bureau (NAB), the Superintendent of Adiala Jail, and other relevant authorities were named as respondents. Mubashra contended that her mother is being unlawfully kept in solitary confinement, in violation of her constitutional and fundamental rights, and sought appropriate directions to ensure compliance with constitutional safeguards.
