According to the court’s decision, the petitioner expressed a preference for remaining in prison rather than being placed in isolation, asserting that solitary confinement constitutes both punishment and torture. The ruling noted that Bushra Bibi’s punishment was exacerbated by her solitary confinement.
Furthermore, the court highlighted that designating the petitioner’s residence as a sub-jail hindered her children’s ability to visit her easily, requiring them to seek permission from the superintendent or the court. The judgement stated that the notification declaring the Bani Gala residence a sub-jail was issued without prior consent from the property owner, effectively infringing upon fundamental rights.
The decision invalidated the notification on various grounds, including the lack of reasons provided for its issuance and the absence of an order from the prisons inspector general for the transfer of the petitioner, as required by law. It also questioned the rationale behind transferring Bushra Bibi to the sub-jail for her protection, especially considering that additional women were subsequently sent to Adiala Jail, indicating a failure on the part of the authorities to fulfill their duty to safeguard her while in custody.
