IHC orders protection, healthcare for Imran Khan and Bushra Bibi in Adiala Jail

Ruling highlights prisoners retain their rights, asserts imprisonment should not equate to inhumane treatment

The Islamabad High Court (IHC) directed the federal government on Friday to ensure the safety and well-being of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife, Bushra Bibi, who are currently incarcerated in Rawalpindi's Adiala Jail.

Chief Justice Aamer Farooq issued a detailed written verdict, responding to a petition filed by Bushra Bibi seeking the provision of basic facilities and the protection of their rights while in prison. 

The court emphasised that the government must adhere to the guidelines set forth by the court, ensuring all entitled facilities are provided to the former prime minister and his spouse.

Khan has faced numerous legal challenges, including charges of corruption and terrorism. He has been in prison since August, 2023 following his conviction in the Toshakhana case, with additional sentences related to other cases.

Despite being granted relief in several cases, including the £190 million reference and the high-profile cipher case, Khan and Bushra Bibi remain incarcerated due to their conviction in the iddat case. The court noted that the issues raised in Bushra Bibi's petition were of a general nature and not limited to the PTI founder.

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The IHC ruling underscored that prisoners retain their rights, asserting that imprisonment should not equate to inhumane treatment. The court highlighted the purpose of imprisonment as the reformation of the prisoner without subjecting them to physical or mental stress.

Citing the case of Khalid Hussain vs Ministry of Human Rights, the court mandated that the federal government enforce these guidelines in all prisons, particularly Adiala Jail. The decision criticised the government's failure to ensure compliance and stressed the need for immediate action.

The court also pointed out Pakistan's commitment to numerous international human rights agreements and the government's insufficient steps to implement these commitments. 

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

Khan and Bushra Bibi were sentenced to seven years in prison in February for contracting marriage during Bushra Bibi's iddat period, a time during which a woman cannot remarry according to Shariah law. The conviction followed a petition filed by Bushra's former husband, Khawar Maneka.

Late last month, an Islamabad district and sessions court rejected pleas from the former prime minister and his wife to suspend their sentences in the iddat case, leaving them to continue serving their time in Adiala Jail.