ISLAMABAD (National Times): Islamabad High Court (IHC) has reserved judgment on the petition seeking court’s orders to shift Bushra Bibi from Bani Gala to Adiala jail.
The petition filed by Bushra Bibi seeking her transfer from Banigala to Adiala jail came up for hearing before single bench of IHC led by Justice Miangul Hassan Aurangzeb here Thursday.
The court questioned Bushra Bibi was convicted in what case and when.
Usman Riaz Gul counsel for Bushra Bibi told the court Bushra Bibi was convicted in Tosha Khana and Nikah during iddat case. In Toshakhana case she was convicted on January 31 and in Nikah during iddat case she was convicted on February 03.
The counsel said in both cases she was awarded punishment by conducting the trial illegally. Warrant of arrest is issued after conviction which goes to superintendent jail. Bushra Bibi was not in court when sentence was announced. She surrendered herself. Banigala was declared sub-jail under the order of Chief Commissioner and Bushra Bibi was shifted there. The order for declaring Banigala sub jail was issued by chief commissioner office. She was shifted immediately. Bani gala home was given the status of sub jail under prison act.
Justice Miangul Hassan Aurangzeb said to the counsel of Bushra Bibi study the jail rules. What they say.
The counsel said Bushra Bibi went to Adiala jail under trial court order which was sent to superintendent Jail.
Later chief commissioner issued illegal notification for her shifting under the order of interior ministry.
The counsel for petitioner further said no directives were issued by the authority for shifting her from Adiala jail to Banigala. The notification from chief commissioner was not directives of superintendent Adiala jail. Neither provincial government issued any directive nor was any directive issued by I G Jail. The notification issued by chief commissioner for shifting to Bani gala sub jail is illegal.
Usman Riaz Gul counsel for Bushra Bibi said trial court was to determine the venue of prison and not chief commissioner. The order for imprisonment of Bushra Bibi was for Adiala jail. The notification issued by chief commissioner for shifting Bushra Bibi from Adiala jail to Bani gala be declared illegal.
State counsel started his arguments.
Justice Miangul Hassan remarked you are saying this we have done it and we will do it again in future too.
You said in the court there is less capacity for accommodating women prisoners in jail and there are security concerns as well.
You should tell how many women were admitted in jail by you after Bushra Bibi
The counsel told the court 144 women were admitted in the jail.
The court raised the question now he should tell how the how the space was provided for these women. You cannot present the man in the court that there are security concerns. Now you say there are security threats in jail therefore, she be shifted to home. Tell us what is going on
Justice Miangul Hassan Aurangzeb after hearing the arguments reserved judgment on Bushra Bibi petition.
