The Islamabad High Court (IHC) on Friday ordered the government to ensure the safety and health of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his spouse, Bushra Bibi, who are currently in Rawalpindi’s Adiala Jail.
The ruling requires the federal government to adhere to the court’s guidelines and ensure the former first couple receives all entitled facilities during incarceration.
IHC Chief Justice Aamer Farooq delivered a written verdict in response to Bushra Bibi’s petition, which demanded facilities and the protection of basic rights for the detained PTI founder.
Since his removal from office through a no-trust motion in April 2022, the former prime minister has faced numerous legal challenges, including charges of corruption and terrorism.
He has been in prison since August of the previous year when he was convicted in the Toshakhana case. He also had additional convictions before the elections on February 8. However, Khan has secured relief in other cases, including the £190 million reference and Toshakhana, and received an acquittal in the high-profile cipher case in July.
However, the former first couple remains imprisoned due to their conviction in the iddat (un-Islamic nikah) case.
The IHC highlighted that Bushra Bibi filed the petition while she and the PTI founder served sentences.
The court noted that the issues raised by the petition are not only about the PTI founder but are general.
“It is incorrect to say that a prisoner has no rights,” the decision asserted. “Imprisonment does not entail inhumane treatment. Its purpose is to reform the prisoner without any physical or mental stress.
The court cited guidelines from the Khalid Hussain vs. Ministry of Human Rights case, mandating that the federal government enforce these guidelines in all prisons, especially Adiala Jail.
The court observed that the federal government had not yet ensured compliance. The decision emphasized the need for immediate adherence to these guidelines in all jails nationwide.
“Pakistan is a signatory to numerous international human rights agreements,” the court noted, highlighting that the federal government had not taken adequate steps to implement these agreements.
The IHC dismissed Bushra Bibi’s petition and issued directives that reinforced the need for humane treatment and the protection of prisoners’ rights.
In February, authorities sentenced Khan and his wife to seven years for marrying during the former first lady’s iddat period, following a complaint by Bushra’s former husband, Khawar Maneka.
Last month, an Islamabad district and sessions court denied the former premier and his wife’s requests to suspend their seven-year sentences in the iddat case.