ISLAMABAD: The National Dialogue Committee (NDC) has approached the Islamabad High Court (IHC), seeking directives for jail authorities to facilitate a meeting with incarcerated former prime minister Imran Khan and his spouse, Bushra Bibi, arguing that the denial of visitation rights violates fundamental constitutional guarantees and prison regulations.
The petition, filed under Article 199 of the Constitution, read with Section 561 of the Code of Criminal Procedure and the Pakistan Prison Rules, 1978, was submitted by NDC Chairman Mahmood Baqi Molvi along with fellow committee members Imran Ismail, Barrister Muhammad Ali Khan Saif and Fawad Ahmed.
The petitioners, all former federal ministers and senior PTI leaders, contend that the jail administration has imposed an “illegal and arbitrary ban” on meetings with the imprisoned couple since their incarceration on August 5, 2023.
The petition asserts that the respondent authorities, including the Federation of Pakistan through the Ministry of Interior, the Punjab Home Department, and the superintendent of Central Jail Adiala, have “viciously compromised” the fundamental rights guaranteed under Article 9 (right to life and liberty) and Article 14 (inviolability of dignity) of the Constitution.
According to the petition, meetings with Imran have been banned for almost one year, with authorities imposing restrictions that violate both national laws and international covenants, including the United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules.
The petitioners specifically noted that “the family has not been granted access to their imprisoned brother and his wife, hence it is but natural to become extremely worried about his health and security during custody”.
This comes amid reports that the Adiala jail administration has previously cited security concerns and allegations of political discussions following prison meetings as grounds for restricting access.
In a recent report submitted to the IHC in response to a separate petition filed by Bushra Bibi’s daughter, the jail superintendent claimed that family meetings were being used for “political messaging outside the prison”, with particular reference to social media activity attributed to Bushra Bibi’s sister.
The petition invokes the Pakistan Prison Rules 1978, specifically citing provisions that entitle every convicted prisoner to “have an interview with his friends or relatives once a fortnight”.
The petitioners note that Rule 92 of the Pakistan Prison Rules, 1978, explicitly provides that “every convicted prisoner is to be allowed a reasonable opportunity to interview his relatives, friends and legal advisers for the purpose of preparing his appeal”.
The petitioners argue that they filed an application with the jail superintendent seeking an interview with the prisoners, attached as Annexure A to the petition, but have received no positive response from the authorities.
The petition comes at a time of heightened political tensions in the country, with the NDC positioning itself as a facilitator of broader national reconciliation. The committee, formed by former PTI leaders and other political figures, has previously called for government-opposition talks to ease the political crisis.
The petitioners maintain that their request for access is “in good faith and with no political or personal motive other than promoting peace, constitutionalism, and democratic stability”.
The NDC had earlier written to Prime Minister Shehbaz Sharif, seeking the release on parole of senior PTI figures detained in Kot Lakhpat Jail, describing the move as a vital “confidence-building measure” to end political polarisation.
The IHC previously directed jail authorities to provide Imran with “appropriate medical facilities” and allow him to hold meetings with friends and family as provided in the law.
In a 2023 order, the court explicitly noted that “there is nothing on record which bars an interview with the prisoner more than once a week” and directed the jail authorities to provide a “reasonable opportunity to the relatives/friends/legal advisors of the petitioner to seek an interview”.
The current petition seeks the court’s indulgence “to direct the respondents to arrange and facilitate a meeting” of the NDC with Imran and Bushra.
The petition has drawn mixed reactions. The PTI has officially distanced itself from the NDC initiative, with the party issuing a statement disowning the former leaders who constitute the committee.
PTI Information Secretary Sheikh Waqas Akram stated that “these are the same people who left Chairman Imran Khan and PTI in difficult times”, describing the committee as a “self-made and misleading campaign”.
However, the NDC maintains that any meaningful political or constitutional reforms cannot succeed without the participation of the PTI and its jailed founder.
The petition is pending adjudication before the IHC, with the petitioners seeking a direction to the respondents to arrange the meeting “for the limited purpose of satisfying themselves regarding the health, welfare and lawful treatment of the said prisoners”.
