The Islamabad High Court has issued a 15-page written decision, authored by Justice Hassan Aurangzeb, regarding the transfer of Bushra Bibi from the Bani Gala sub-jail to Adiala Jail.
In the decision, it is noted that Bushra Bibi expressed a desire to be relocated to a standard jail facility to mitigate her feelings of isolation. The court acknowledged that prolonged solitary confinement, as experienced by Bibi, is not merely a punitive measure but constitutes torture.
The decision further highlighted the challenges posed by designating her residence as a sub-jail, particularly affecting Bushra Bibi’s children and family members. The arrangement restricted her children’s ability to return home freely. It required her husband’s children and other family members to obtain permission from the jail superintendent or the court to visit.
Additionally, the court found that the necessary permissions from the property owner had not been sought before the residence was designated as a sub-jail. This oversight led to what the court described as the virtual possession of private property without the owner’s consent, thereby infringing on her fundamental rights.
Conclusively, the court’s decision to relocate Bushra Bibi aims to rectify these infringements and address the undue hardships imposed by the initial designation of her residence as a sub-jail.
