Islamabad High Court Strikes Down Notification Declaring Khan House as Sub-Jail

Islamabad 10-05-2024: In a significant judgment, the Islamabad High Court, presided over by Justice Miangul Hassan Aurangzeb while deciding [W.P.No.488 of 2024], has invalidated a Notification issued by the office of the Chief Commissioner, Islamabad Capital Territory (ICT), declaring the residential compound known as "Khan House" in Bani Gala as a sub-jail. The ruling came in response to a writ petition filed by Mst. Bushra Imran Khan challenging the notification. The impugned notification, dated 31.01.2024, was issued under Section 541 of the Code of Criminal Procedure, 1898, read with Section 3 of the Prisons Act, 1894, by the Chief Commissioner, ICT, to confine Mst. Bushra Imran Khan, who had been convicted and sentenced to fourteen years of rigorous imprisonment by the Accountability Court No-I, Islamabad.

The court ruled that the Notification declaring Khan House as a sub-jail lacked lawful authority and was of no legal effect. This decision stemmed from the absence of reasons provided for the declaration, as required by Section 24-A(2) of the General Clauses Act, 1897. The court highlighted various violations of fundamental rights, including the petitioner's right to life under Article 9 of the Constitution. It emphasized that the petitioner's solitary confinement in the sub-jail without adequate justification constituted a violation of constitutional rights. The Court noted that the notification effectively requisitioned Khan House without the consent of the owner, depriving them of their fundamental property rights guaranteed under Article 24 of the Constitution. It held the state accountable to adequately compensate the owner for this deprivation. The court referenced the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), emphasizing the importance of adherence to international standards in prison management.

The court directed the state to transfer the petitioner from the sub-jail to Adyala Jail in compliance with the warrant of commitment issued by the Judicial Magistrate. It emphasized the necessity of upholding lawful procedures in the execution of sentences. This ruling underscores the judiciary's role in safeguarding constitutional rights and ensuring the proper administration of justice. The decision serves as a reminder of the principles of fairness, transparency, and respect for human dignity in the criminal justice system.

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