Islamabad: The Islamabad High Court issued a written decision to transfer Bushra Bibi from Bani Gala Sub Jail to Adiala Jail, in which the court said that it is the responsibility of the state to provide protection to Bushra Bibi in jail.
High Court Justice Mian Gul Hasan Aurangzeb issued a 15-page written judgment, stating that according to the petitioner, she wanted to be kept in jail so that her isolation would be removed. There are court rulings that solitary confinement is not just punishment but torture. Bushra Bibi’s punishment was made more severe by keeping her in solitary confinement.
According to the written decision, Bushra Bibi’s children cannot come home easily by declaring the residence as a sub-jail. Her husband’s children and family members also have to get permission from the Superintendent of Jails or the court to come home. There is nothing on record that the permission of the property owner was taken before issuing the notification declaring the residence as a sub-jail. Virtual possession of private property was achieved by declaring the residence a sub-jail. He was deprived of his fundamental rights by declaring his residence a sub-jail without the permission of the property owner.
In the decision, the court also stated the reasons for invalidating the notification declaring Bani Gala residence as a sub-jail. The court said in the judgment that according to the superintendent, Bushra Bibi was sent to sub-jail after being admitted as a convicted prisoner in Adiala Jail. According to the superintendent, on his request, Chief Commissioner Islamabad issued a notification to declare Khan House as a sub-jail.
According to the decision, the Chief Commissioner did not specify the reasons in the notification for declaring Khan House as a sub-jail. According to the report, there are more prisoners in Adiala Jail, all were kept in Jail for the protection of Bushra Bibi. According to the report, the jail has a capacity of 2174 but 7 thousand prisoners, 250 women are imprisoned in the place of keeping 75 women.
The court said that according to the records, 125 more women were brought to the jail after keeping Bushra Bibi in Sub Jail. It is the responsibility of the state to provide protection to Bushra Bibi in jail. Order of IG Prisons is necessary for transfer of convicted prisoner from jail. There is no order of IG Prisons to transfer Bushra Bibi from Adiala Jail to Sub Jail.
