Safdar argued that prolonged solitary confinement was not part of the court’s sentence.
ISLAMABAD:
The Islamabad High Court was told on Thursday that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi were facing deteriorating eyesight and prolonged solitary confinement in jail, with their lawyers raising concerns about medical treatment and prison conditions.
Advocate Salman Safdar, representing the PTI founder and Bibi, told the division bench headed by Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif that both were suffering from health complications, adding that proper treatment was not possible in Adiala Jail.
During the appeals hearing in the £190 million case, the lawyer questioned the prison environment, asking what “infection” was affecting the right eyes of both detainees and claiming that the surgical procedures required required access to hospital, which he said was not feasible within the prison premises.
Safdar argued that prolonged solitary confinement was not part of the court’s sentence and amounted to “torture” if continued for long periods. He further stated that Bushra Bibi had previously been held in solitary confinement despite previous judicial observations against such treatment.
The lawyer told the court that during a recent meeting in jail, the PTI founder had reported significant deterioration in eyesight, stating that only 15% of his vision remained, while 85% had been lost, and that doctors had indicated that the damage was irreversible.
He also alleged that the PTI founder was kept in solitary confinement for 22 hours, without even responding to greetings, while Bushra Bibi was kept in solitary confinement for 24 hours.
Safdar further referred to an alleged emergency call from Adiala Jail on April 16 regarding Bushra Bibi’s condition, saying the family was asked to contact her immediately, and urged the court to summon senior prison officials, including the Inspector General of Prisons, to explain the confinement conditions.
He said Bushra Bibi’s bail application had been pending for more than a year and questioned whether courts had historically been reluctant to grant relief to women.
Chief Justice Dogar questioned why arguments were not being made on the main appeal and stated that the court was willing to hear the case and resolve it quickly. He added that appeals are reviewed daily and resolved without delay.
In response, Safdar said there was no objection to hearing the appeal, but that he was instructed to first argue for a stay of the sentencing applications. He also indicated that senior lawyer Latif Khosa could appear to present arguments in the appeal.
The Chief Justice observed that once an appeal hearing date is fixed, the appeal for suspension of sentence generally becomes ineffective and directed counsel to prepare within 10 days for scheduling.
During the hearing, lawyers also referred to other pending cases, including Toshakhana’s appeal, and exchanged arguments about the priority of matters before the court. Concluding the proceedings, the court highlighted the frequent objections raised by the Khyber Pakhtunkhwa chief minister, before retiring to the courtroom.
