a J = IN THE HO! IRABLE ISLAMABAD HIGH COURT, ISLAMAB: Writ Petition No. / 2024 ones Mst. Bushra Imran KhanW/O Imran Ahmed Khan NiaziR/O 2 Zaman Park, Lahore. (Presently serving her sentence at Residential Compound, Khan House Bani Gala, Mohra Noor, Islamabad) ..-Petitioner Versus 1. Chief Commissioner Islamabad 2. Superintendent Jail, Adiala Jail, Adiala 3. LG. Prisons, Punjab 4. The State ...Respondent WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973 READ WITH SECTION 491 CR.P.C, 1898 Té ET ASIDE NOTIFICATION DATED 31.01.2024 DECL., ING RESIDENTIAL Ci (POUND, KHAN Ht AS SUB-JAIL. Scanned with CamScannerbe Respectfully Sheweth, Pn 1. That the brief facts underlying this Petition are that the Petitioner was nominated as an Accused in NAB Reference No. 19 of 2023 (known as the Toshakhana Case) and was proceeded against accordingly. That subsequently, vide Judgment dated 31.01.2024, the Petitioner was convicted by the Learned Accountability Court-I, Islamabad in the aforementioned Case and sentenced to 14 years of Imprisonment. 2, That 31.01.2024 had been designated as the date for the pronouncement of the said Judgment. While the Petitioner was on her way to Adiala Jail, Adiala, where the Trial of the above-titled case was underway, to hear the Judgment, the Petitioner was made aware of her conviction in the ToshakhanaCase. Consequently, the Petitioner being a law-abiding citizen of Pakistan with utmost respect and regard for the Law, proceeded to Adiala Jail, Adialato surrender herself before theCompetent Jail Authorities. 3. That upon reaching Jail Premises at 10 AM on 31.01.2024, the Petitioner informed the Deputy Superintendent of Adiala Jail, Adiala that she was there to surrender before the Jail Authorities owing to her conviction in the Toshakhana Case. However, the Petitioner was kept in the waiting room from 10 AM till 9 PM on 31.01.2024. 4. That after 9 PM, the Petitioner was informed that she had to be shifted to another Prison to serve her sentence, however, she was brought to her residence at Bani Gala. Upon inquiry, the Petitioner was informed by the concerned Officials that her residence at Residential Compound, Khan House Bani Gala, Mohra Noor, Islamabad had been declared as sub-jail vide a Notification dated 31.01.2024 issued by Respondent No. 1. Scanned with CamScanner— 2. 5. That it is noteworthy that there was no such request whatsoever on behalf of the Petitioner to designate her residence as a sub-jail to serve her sentence and the same has been done by the concerned Government exercising its discretion. 6. That the Petitioner is the wife of a prominent political figure who is serving as the head of the largest and immensely popular Political Party (PTI) in Pakistan. That, just like the other political workers of the party, the Petitioner is ready and willing to serve her sentence in the designated Ordinary Jail Premises at Adiala Jail, Adiala rather than the declared sub-jail at her residence. 7. That the Petitioner, being a lady, does not feel safe to be confined alone in the premises of the sub-jail due to the potential security issues. While the Petitioner is in good health currently, however, there has been a movement of unidentified people in her house declared as a sub-jail by the Government thereby contributing to her sense of insecurity. That in the absence of compelling reasons, such as prison overcrowding or the inability of the prison to accommodate the Petitioner, transferring the Petitioner to the designated Sub-Jail is not feasible owing to the security concerns and ensuing hardships. Respectful reliance is placed on 2003 MLD 1862. 9. That every citizen of Pakistan is equal before the law as provided under Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973. The Special Treatment afforded to the Petitioner to designate the Residential Compound as her place of serving her sentence when other Political Workers are detained in Ordinary Jails goes against this very spirit of equality guaranteed under the Constitution and is consequently discriminatory. x Scanned with CamScannerScanned with CamScannerf P PRAYER: o - . In light of the facts & circumstances enumerated hereinabove, it is most humbly prayed that the Impugned Notification dated 31.01.2024 issued by Respondent No. 1may be graciously set aside & the Petitioner may be shifted to Adiala Jail, Adiala to serve her sentence in the ‘Interest of Justice’. Petitioner Through Barrister Salman Safdar Advocate Supreme Court LL.B. (LSE), Bar-at-Law (Lincoln’s Inn) Ground Floor, Alvi Manzil 9 Fane Road, Lahore Usman Riaz Gill Ch. Khalid Yousaf Advocate High Court Advocate High Court CC No.3434 t Mashal “Azam Yousafzai Advocate Barrister Rai Salman Amjad Advocate Date: Certificate: [tis certified that this is the 1 Writ Petition filed by the Petitionsr against | NN the Impugned Notification dated 31.01.2024. \ pugn WWE | ADVOCATE | Scanned with CamScanner