Bushra’s plea: IHC says ‘right to life does not mean mere existence but means...’

ISLAMABAD: The Islamabad High Court (IHC), Friday, directed the federal government to ensure the safety of life and health of Bushra Bibi and her husband Imran Khan, founder of Pakistan Tehreek-e-Insaf (PTI).

A single bench of Chief Justice Aamer Farooq issued the directions in former first lady Bushra Bibi’s petition for the security and protection of her husband Imran Khan in prison.

The IHC order said that it seems that the guidelines given by the high court to the federal government regarding prisoners have not yet been implemented which reflects the sorry state of affairs inasmuch as the federal government was supposed to take immediate action on the directions, issued by this court and do the needful.

It observed and directed that the federal government shall ensure that compliance be made to the directions, issued in PLD 2020 Islamabad 268 supra forthwith generally.

The bench also observed that right to life does not mean mere existence but means all the amenities and utilities under law. The seminal judgment on the issue is Ms Shehla Zia and others versus Wapda (PLD 1994 SC 693), which highlights Article 9 of the Constitution, as is reflected from the submissions of the counsel for the petitioner that healthcare of a prisoner does not mean only physical health but also mental health.

The IHC chief justice mentioned that in Keenan versus United Kingdom, (2001) 33 EHRR 38), the European Court of Justice held that inadequate medical care, including mental healthcare, constitutes inhuman and degrading punishment. Similarly, in Price v. United Kingdom (2002) 34 EHRR 53), the European Court of Human Rights held that no prisoner is to be given any degrading treatment within the meaning of Article 3 of the European Convention on Human Rights.

He noted that Pakistan is a signatory to various conventions and treaties on Human Rights generally and the right of prisoners specifically but it seems that nothing meaningful is being done by the federal government pursuant thereto.

He added, “Keeping in view the above directions, issued by this Court in PLD 2020 Islamabad 268 supra, life of the petitioner and her husband should not be at risk as petitioner’s husband is leader of one of the largest political parties.”

The bench concluded that in view of the above, the instant petition is disposed of with the direction to the respondents “to ensure the safety of life and health of the petitioner and her husband and comply with the directions, issued by this Court, from time to time and also to provide all the amenities as per their entitlement.”

In this matter, Bushra moved the petition through her counsel Sardar Latif Khosa and stated that her husband is feared to be poisoned through food in jail. She added that the PTI chairman is not allowed home meals as the under-trial prisoners in the past were allowed.

She said that supply of pure food should be ensured by the medical officer concerned. The adulterated food may be injurious to the life of her husband. She continued that her husband is not even being given the facilities which he is entitled to as per the jail manual.

The petitioner further said that the court order regarding the provision of facilities in the jail should be implemented. She maintained that the inhuman treatment being meted out to her husband in prison is a violation of Articles 9 and 14 of the Constitution and the PTI chairman should be given walk and exercise facility in jail.

Copyright Business Recorder, 2024