IHC seeks jail record in Imran confinement case

Says it will decide whether the pleas are maintainable only after receiving reports

ISLAMABAD:

The Islamabad High Court (IHC) has sought a detailed report and jail record from the superintendent of Rawalpindi's Adiala Jail in a case concerning 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 directed the Adiala Jail superintendent to submit a comprehensive report explaining whether Imran Khan and Bushra Bibi had been kept in solitary confinement.

If so, the report must specify why they were placed in solitary confinement, under which law, for how long, and whether the confinement amounted to a form of punishment. The IHC observed that it would decide whether the petitions were maintainable only after receiving the reports.

The court also directed the jail authorities to submit details regarding the conditions in which Imran and Bushra are being kept, as well as the facilities provided to them inside the prison.

It asked the superintendent to explain the extent to which the allegations of solitary confinement were accurate and to provide complete details.

The court also ordered the jail 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 instructed the Inspector General of Prisons to ensure the appearance of a jail officer of superintendent rank at the next hearing along with the relevant jail records, prison registers and all related documents concerning both 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 until August 6.

Last week, Aleema Khanum, a sister of Imran Khan, filed a writ petition in the IHC seeking a declaration that the prolonged solitary confinement and incommunicado detention of her brother at Adiala Jail is illegal, unconstitutional, and without lawful authority.

The petition, filed under Article 199 of the Constitution through a legal team led by Barrister 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 of PIMS, and the state as respondents.

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 convictions, along with applications for suspension of sentence, are presently pending before the IHC.

She contended that since his conviction in the Bvlgari Set Case, her brother has been subjected to "unprecedented, harsh, and rigorous solitary confinement".

According to the petition, Imran is kept in isolation for approximately 22 hours a day, while his wife, Bushra Bibi, is held in solitary confinement for 24 hours daily.

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 Jail on at least four occasions for injections at PIMS.