IHC reserves decision on Bushra Bibi's plea requesting transfer to Adiala Jail
Pakistan
Bushra Bibi’s counsel wants cancellation of chief commissioner's order
ISLAMABAD (Dunya News) – The Islamabad High Court has reserved its decision on a petition requesting transfer of Bushra Bibi, the spouse of the PTI founder, from Bani Gala [declared sub-jail] to Rawalpindi’s Adiala Jail.
During Thursday’s proceedings conducted by Justice Miangul Hassan Aurangzeb, the court inquired about the case in which Bushra Bibi was sentenced and when.
Her lawyer, Usman Riaz Gul, replied that his client was sentenced in the Toshakhana case on Jan 31 last and the illegitimate marriage case on Feb 3. He added that in both cases, the trial was conducted unlawfully.
The counsel told the judge that at the time of the sentencing, Bushra Bibi was not in court, adding that she surrendered herself and was transferred to Bani Gala on the orders of the chief commissioner.
He stated that the superintendent of the jail issued the order for Bani Gala, and the transfer took place immediately. The Bani Gala residence was designated as a sub-jail under the Prison Act, he added.
Justice Aurangzeb instructed Bushra Bibi’s lawyer to read the jail rules and see what they say.
Bushra Bibi’s counsel maintained that his client was sent to Adiala Jail on the orders of the trial court, which were also sent to the jail superintendent, but later, on the instructions of the Ministry of Interior, the chief commissioner issued an unlawful notification of the transfer.
The applicant’s lawyer further contended that there was no instruction regarding the transfer of Bushra Bibi from Adiala Jail to Bani Gala, adding that the notification the chief commissioner issued regarding the transfer was illegal.
Upon this, the judge questioned the lawyer about the process pertaining to the transfer from one province to another.
The counsel remarked that the trial court, and not the chief commissioner, held the authority to determine the place, and requested the court to declare the chief commissioner’s notification null and void.
After the conclusion of Bushra Bibi’s lawyer’s arguments, the state lawyer commenced his arguments.
During his arguments, the judge asked him to tell how many women-prisoners were detained in the Adiala Jail after the sentence to Bushra Bibi.
The state lawyer responded that 141 women-prisoners were taken in.
After the completion of arguments from the state lawyer, the IHC judge reserved his decision on Bushra Bibi’s petition.
