The Islamabad High Court issued a written decision to transfer Bushra Bibi from Bani Gala sub-jail to Adiala Jail. Justice Miangul Hasan Aurangzeb issued a 15-page written judgement on Thursday.
According to the written decision, the petitioner wants to be kept in prison so that she is not isolated. Solitary confinement is not only a punishment, but also torture. "Bushra Bibi's punishment was made more severe by keeping her in solitary confinement," the decision stated.
The court says that by declaring the residence a sub-jail, Bushra Bibi's children cannot come home to meet her easily. Her children and other family members have to take permission from the superintendent or the court to visit her at home, it added.
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According to the judgement, there is nothing on record to show that permission was obtained from the property owner prior to issuing a notification to declare the Bani Gala residence a sub-jail, adding that the private property was virtually possessed by declaring it a sub-jail.
"Without the permission of the property owner, the residence was declared a sub-jail in violation of fundamental rights," it states.
It also mentions the reasons for invalidating the notification declaring Bani Gala residence a sub-jail. The court says that according to the jail superintendent, Bushra Bibi was received as a convicted prisoner in Adiala Jail and transferred to the sub-jail.
According to the superintendent, on his request, the Islamabad chief commissioner issued a notification declaring the Bani Gala residence a sub-jail, but did not mention the reasons for issuing the notification.
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According to the written decision, the authorities are of the opinion that there were more prisoners in Adiala Jail than its capacity, therefore, they sent the former first lady to the sub-jail for her protection. But according to the records, after keeping Bushra Bibi in the sub-jail, 125 more women were sent to the jail. It is the state's responsibility to protect Bushra Bibi in jail, the court declared.
The judgement further stated that an order of the prisons inspector general was necessary for the transfer of a convicted prisoner, but in Bushra Bibi's case, there was no such order from the IG.
