IHC reserves verdict on Imran Khan, Bushra Bibi’s solitary confinement pleas

ISLAMABAD: The Islamabad High Court (IHC) on Thursday reserved its verdict on petitions seeking to declare the alleged solitary confinement of former prime minister Imran Khan and his wife Bushra Bibi illegal, after hearing detailed arguments from both sides.

IHC Judge Justice Khadim Hussain Soomro reserved the judgment, saying a written order would be issued later.

During the hearing, the Adiala jail superintendent and the Islamabad Advocate General appeared before the court and submitted a compliance report in line with the court’s June 30 order.

The Islamabad Advocate General told the court that neither Imran Khan nor Bushra Bibi had been awarded solitary confinement by any court or competent authority.

He argued that the PTI founder was being provided additional facilities in prison and that he was locked inside his cell only for a few hours at night for security reasons, which, he said, did not amount to solitary confinement under the law.

The law officer further submitted that the Supreme Court had already expressed satisfaction over the facilities being provided to Imran Khan, adding that the former prime minister was receiving amenities exceeding those available to prisoners entitled to **B-Class** facilities.

The Adiala jail superintendent also rejected the allegation of solitary confinement, telling the court that a convicted prison orderly remained with Imran Khan at all times.

He said the legal definition of solitary confinement required a prisoner to remain completely isolated inside a cell for 24 hours a day, a condition that did not apply in the present case.

The hearing also touched on Imran Khan’s health after the advocate general argued that issues relating to treatment of the PTI founder’s eye were outside the scope of the present petitions.

Justice Soomro, however, observed that it would have been preferable had the report of the medical board also been placed on record.

The judge further directed the parties to submit any additional judicial precedents or relevant case law in writing if they wished the court to consider them before delivering its decision.

He also remarked that the matter could perhaps have been resolved through an agreed standard operating procedure (SOP) between the parties.

Responding to the court’s observations, the Adiala jail superintendent said the issue relating to Imran Khan’s eyesight had already been resolved and noted that a report prepared by the executive director of the Pakistan Institute of Medical Sciences (PIMS) had already been made public.

After hearing arguments from both sides, the court reserved its judgment and said a detailed written order would be issued at an appropriate time.

The petitions were filed by Aleema Khan on behalf of the PTI founder and by Mubashra Maneka, Bushra Bibi’s daughter, on behalf of her mother.

Aleema Khan had alleged that the PTI founder and Bushra Bibi were being kept in unlawful solitary confinement and denied regular access to family members and lawyers.

Earlier, the Adiala jail superintendent told the IHC that Imran Khan is not being held in solitary confinement, rejecting allegations raised in a petition filed Aleema Khan.

The jail superintendent on Wednesday submitted a detailed report to the IHC saying Khan has “access to natural light, fresh air, exercise and daily movement within the prison.”

The report was submitted in response to a petition filed by Aleema Khan, who alleged that the PTI founder and his wife, Bushra Bibi, were being kept in solitary confinement and that family members and lawyers were being denied access to them.

The jail superintendent urged the court to dismiss Aleema Khan’s petition as speculative and baseless.

The IHC had earlier sought a detailed report from the jail authorities after observing that allegations of unlawful solitary confinement could not be ignored without examining the prison authorities’ account.

The court had asked the superintendent to explain whether Khan and Bushra Bibi had been held in isolation, under what legal authority and for how long before deciding the maintainability of the petitions.

Aleema Khan’s petition contends that Imran Khan has been kept in isolation for up to 22 hours a day for several months despite no court ordering solitary confinement.

It also alleged that family members and PTI leaders have repeatedly been denied meetings with the former premier, in violation of previous court orders.

The court had issued a notice to the Adiala jail superintendent and sought a detailed report.

Khan, 74, has been in custody since August 5, 2023, after his initial conviction in the Toshakhana case.

Although some convictions have since been suspended or overturned, he remains imprisoned following his conviction in the £190 million Al-Qadir Trust corruption case, which he and PTI say is politically motivated. The government denies using legal proceedings to sideline the main political opponent.