• Deems petitions against alleged solitary confinement ‘maintainable’
• Says prisoner’s right to life, dignity not ‘extinguished at prison gate’
• Orders family visits, newspapers, books and one-hour walk for ex-PM
ISLAMABAD: The Islamabad High Court on Tuesday disposed of two petitions challenging the alleged solitary confinement of PTI founder Imran Khan and his wife Bushra Bibi, declaring them maintainable and directing the Adiala jail superintendent to ensure that neither prisoner was kept in isolation.
Justice Khadim Hussain Soomro announced the verdict, reserved on Aug 6, on writ petitions filed by Imran Khan’s sister Aleema Khanum and Bushra Bibi’s daughter Mubashra Khawar Maneka.
The court ruled that the petitions were maintainable under the principles laid down in the Begum Nusrat Bhutto v. Chief of Army Staff and Begum Shamim Afridi v. Province of Punjab cases.
Rejecting the government’s objections on locus standi, the court observed that a prisoner’s rights to life, dignity and humane treatment “are not extinguished at the prison gate” and that close relatives having a direct interest in the welfare of an inmate could not be treated as strangers to the cause.
According to the court order, the former prime minister is currently serving sentences in the Al Qadir Trust and Toshakhana (Bulgari set) cases. In two other cases — the Toshakhana (ECP) and Toshakhana (Graff set) — the operation of his sentences has been suspended by the court pending criminal appeals.
Barrister Salman Safdar, representing the petitioners, alleged that Imran Khan was being kept in solitary confinement for approximately 22 hours a day, while Bushra Bibi was confined in complete isolation for 24 hours a day. He cited a report submitted by the Supreme Court-appointed amicus curiae (friend of the court) in a criminal petition, which claimed that the ex-PM had lost 85 per cent of the vision in his right eye and was being kept in isolation.
The government and jail authorities consistently denied the allegations of solitary confinement.
The senior special prosecutor of NAB, the ICT advocate general and the additional attorney general argued that solitary confinement was no longer in vogue at Adiala jail. They maintained that Imran Khan was housed separately due to security concerns linked to his political profile and status as a former PM and was being provided facilities beyond his B-class entitlement.
Adiala jail Superintendent Sajid Baig submitted a report stating that Imran Khan was not confined to a single cell and had access to a compound comprising seven cells where he could move during the day.
The report claimed that the PTI founder regularly interacted with prison officers, staff and a full-time convicted labourer, received medical visits, enjoyed natural light and fresh air from dawn to dusk, and was permitted meetings with his wife on Tuesdays.
However, the court noted that “the admitted fact remains that access of the general prison population to his place of confinement is substantially restricted and his meaningful social interaction is consequently limited”.
Justice Soomro heavily relied on medical records produced by the jail authorities themselves.
On Aug 1, a consultant cardiologist from Pakistan Institute of Medical Sciences (Pims) noted complaints of fluctuating blood pressure, palpitation, headache and restlessness, with stress being associated with infrequent meetings with his wife, family and social contacts, as well as the non-availability of newspapers and television. The consultant specifically recommended de-escalation of mental stress, including more frequent meetings and provision of reading material.
Subsequently, on Aug 10, a medical board comprising specialists from Pims again recorded anxiety and recommended a one-hour daily walk, some relaxation in prison conditions, provision of magazines, newspapers, television and books, and “more frequent human interaction with immediate family members and spouse”.
The court observed that this record “prima facie recognises the adverse impact of restricted social and familial interaction upon the prisoner’s psychological and physical well-being”.
The court issued several directives to the Adiala jail superintendent. It ordered that Bushra Bibi not be kept in solitary confinement, that the couple be allowed to meet under prison rules, that family members be permitted visits, and that arrangements be made for phone calls between Imran Khan and his sons, though the court directed that such calls could be withdrawn if recordings were used for political purposes.
The superintendent was ordered to provide Imran Khan with daily newspapers and books, subject only to ordinary security scrutiny. The court directed that no book should be withheld merely on account of its intellectual, religious or academic subject matter unless prohibited by law. The prisoner shall be afforded at least one hour daily for walking and exercise, and a functional television facility may be provided in accordance with prison rules and the medical board’s recommendation.
Justice Soomro observed that “security requirements may regulate such interaction; they cannot extinguish it altogether” and that “security considerations cannot be used as a blanket justification for complete deprivation of human association”.
The court noted that after the petitions had been reserved, the Supreme Court had on Aug 18 issued directives for shifting Imran Khan to Shifa International Hospital, constitution of a medical board, production of his complete medical record and access to his family.
The IHC refrained from issuing overlapping directives on medical treatment, stating that judicial propriety required it, and said its orders would remain subject to any directive passed by the Supreme Court or a larger IHC bench seized with the wider controversy.
The Adiala superintendent was directed to submit a compliance report to the court through the deputy registrar judicial for perusal in chambers within 15 days of receipt of the order.
The petitions were disposed of along with all pending applications.
Published in Dawn, September 2nd, 2026
