IHC issues notices on petition seeking permission for conjugal meetings of Imran Khan, Bushra Bibi | The Express Tribune

ISLAMABAD:

The Islamabad High Court has issued notices to the federal and provincial authorities on a petition seeking permission for Pakistan Tehreek-e-Insaf’s incarcerated founder Imran Khan and his wife, Bushra Bibi, to hold conjugal meetings in jail.

In response to the petition, Justice Arbab Muhammad Tahir on Tuesday directed the Islamabad chief commissioner, the Punjab government, the inspector general of prisons and the jail superintendent to respond to the plea filed by a citizen, Shahid Yaqub.

The petitioner argued: “Under Section 545-A of the Prison Rules 1978, family life is supported. By not providing this facility, prison authorities are violating the law.” His lawyer added that inmates are entitled to meet their spouses inside prisons.

Read More: Prisoners granted conjugal rights

Yaqub claimed the couple’s right to marital relations was being denied. “Prisoners should be allowed to meet their wives or husbands inside jails. Denying this right violates international laws and Supreme Court rulings,” the petition said.

The court adjourned the hearing until September 30 after seeking replies from the parties. Neither Imran Khan and Bushra Bibi nor PTI are petitioners or respondents in the case. PTI has already distanced itself from the application.

Procedure for conjugal visits in jail

There is a legal process for a prisoner to meet the spouse. The inmate or the spouse must apply to the jail superintendent first. If the permission is denied, the application may be taken to the deputy commissioner.

In case the deputy commissioner also rejects it, application can be filed in the relevant trial court. If the trial court dismisses the request, the matter can be taken to the high court.

Such meetings require a designated family room inside the prison. However, according to sources, Central Jail, Adiala, does not currently have a facility for spousal meetings.

What are conjugal visits?

Contrary to popular belief in Pakistan, prisoners also have rights. One of these is the right to conjugal visits, which allow married inmates to meet their spouses in privacy while serving the sentence.

In such visits, prisoners and spouses are provided a room to spend time together. In Sindh, following a Supreme Court order on prison reforms and conjugal rights, the provincial home department issued a 2010 notification stating that the spouse of a prisoner would be allowed to meet them either during the day or at night once every three months.

Imran Khan’s arrest and May 9 riots

The former prime minister was ousted from office in 2022. A year later, he was arrested following his conviction in the Toshakhana case, receiving a three-year prison sentence.

In 2024, a special court formally indicted Imran Khan and his wife Bushra Bibi in the so-called Toshakhana 2.0 case, deepening their legal troubles.

Following his arrest, riots erupted nationwide, with party leaders and workers staging protests that targeted both civil and military installations, including Jinnah House and the General Headquarters in Rawalpindi.

The military condemned the events as a “Black Day” and decided to try the protesters under the Army Act. As a result of the unrest, many PTI members were arrested and tried in military courts.

In December, a military court convicted 25 individuals, including Imran Khan’s nephew, Hassan Khan Niazi, and later sentenced 60 more.

Imran Khan, Bushra Bibi convicted in £190m case

Earlier this year, Imran Khan and Bushra Bibi were convicted in the £190 million case. Imran was sentenced to 14 years in prison, while Bushra Bibi received a seven-year jail term. Accountability Court Judge Nasir Javed Rana announced the order in a courtroom inside Rawalpindi’s Adiala Jail.

In addition to the prison sentences, the court imposed fines of Rs1 million on Imran and Rs500,000 on Bushra. If the fines are not paid, Imran will serve an additional six months in prison, and Bushra Bibi will face an extra three months.

What is the £190 million case?

The case alleges that Imran Khan and others involved adjusted Rs50 billion—equivalent to £190 million at the time—that was transferred by the UK’s National Crime Agency (NCA) to the Pakistani government.

As PM, Imran obtained cabinet approval for this settlement on December 3, 2019, without disclosing the confidential details of the agreement.

The arrangement had stipulated that the funds would be submitted to the Supreme Court. According to NAB officials, him and his wife received land worth billions of rupees intended for the construction of an educational institute.

Also Read: Imran, wife booked in forgery case over Toshakhana watch

NAB filed the reference on December 1, 2023 against eight accused persons including Imran and his wife. The court on January 6, 2024 declared the rest of six accused proclaimed offenders as they did not face the trial and escaped to foreign countries.

The court indicted Imran and Bushra on February 27, 2024. The prosecution presented 35 witnesses, whom the defense later cross-examined. Key witnesses in the case included PM’s former principal secretary Azam Khan, former defense minister Pervez Khattak and former federal minister Zubaida Jalal.

Three different judges presided over the case at various stages of the trial while the final investigative officer, Mian Umar Nadeem, was cross-examined after 38 hearings.

The accountability court provided the accused 15 opportunities to complete their statements under Section 342. However, no witnesses were presented by the defence.