The Islamabad High Court has ordered the transfer of PTI founder Imran Khan's wife Bushra Bibi from Bani Gala sub-jail to Adiala Jail.
Justice Miangul Hasan Aurangzeb pronounced a reserved verdict on Bushra Bibi's request. The court declared the notification of keeping Bushra Bibi in Bani Gala sub-jail illegal.
The court had reserved the verdict last week after hearing the arguments of all the parties. The court, pronouncing a reserved verdict, accepted Bushra Bibi's request for transfer to Adiala Jail -- where her husband Imran Khan is also incarcerated.
As per reports, Bushra Bibi will remain imprisoned in Adiala Jail from today, and her belongings will be shifted from the sub-jail by evening.
On Wednesday morning, the former first lady had been summoned to Adiala Jail in the £190 million reference hearing, after which she was stopped there.
It should be noted that the jail authorities had adopted the stance in court that there was a lack of capacity in the jail. The jail authorities had also taken the stance of security issues for not shifting the former first lady to jail.
Also Read: IHC reserves verdict on Bushra Bibi’s transfer request
Bushra Bibi had filed a request for transfer from Bani Gala sub-jail to Adiala Jail.
On May 2, the IHC had reserved its decision on Bushra Bibi's petition seeking transfer from Bani Gala sub-jail to Adiala Jail. At the outset of the day's hearing, Bushra Bibi's lawyer, Usman Riaz Gul, argued that the chief commissioner's notification regarding her transfer to Bani Gala was illegal and should be annulled. He contended that the transfer was made without her consent and violated her rights.
The government lawyer countered that the former first lady was transferred to Bani Gala due to security concerns in Adiala Jail. However, Justice Miangul Hasan Aurangzeb expressed scepticism, questioning how a prisoner's property could be converted into a prison against their will.
The judge also remarked that it seemed predetermined for Bushra Bibi to be housed in Bani Gala, hinting at possible ulterior motives behind the transfer.
Also Read: Bushra Bibi moves IHC against Bani Gala sub-jail notification
Bushra was convicted in the Toshakhana case and was subsequently placed under house arrest at her Bani Gala residence on January 31. At the request of the Adiala Jail superintendent, the authorities had designated the residence as a "sub-jail" in order to detain the former first lady.
On February 6. Bushra had contested the government's attempt to lock her up at Bani Gala to serve a 14-year sentence. According to Khan's wife's petition, she was prepared and willing to serve her sentence in the "ordinary jail premises at Adiala Jail, rather than the declared sub-jail at her residence", just like other party political workers.
Furthermore, the former first lady felt "unsafe" because of possible security risks being imprisoned on the sub-jail's property all alone.
Bushra Bibi claimed that the "special treatment" she received violated the Constitution's guarantee of equality and was therefore discriminatory. Given the aforementioned arguments, the petitioner had begged the court to revoke the notice designating her residence as a sub-jail, and transfer her to Adiala jail in the "interest of justice".