ISLAMABAD (MNN); The Federal Constitutional Court (FCC) on Wednesday rejected a petition filed by Bushra Bibi, wife of incarcerated former prime minister Imran Khan, seeking suspension of her seven-year prison sentence in the £190 million Al-Qadir Trust case.
A two-member bench headed by FCC Chief Justice Aminuddin Khan, with Justice Ali Baqar Najafi as its other member, ruled that there were insufficient grounds to interfere at this stage with an April 30 order of the Islamabad High Court (IHC).
The IHC had declined to suspend Bushra Bibi’s sentence while the main appeal against the convictions of her and Imran Khan remained pending.
In its three-page order, the FCC said the more appropriate course was to ensure an early decision on the main appeal rather than examine the merits of the sentence-suspension application separately at this stage.
The court expressed the expectation that the IHC would make efforts to decide the appeal promptly, provide both sides with adequate opportunities to present their arguments and discourage unnecessary adjournments.
Court Highlights Delays in Proceedings
The FCC observed that Bushra Bibi’s application for suspension of her sentence had remained pending before the IHC amid repeated adjournments sought by the National Accountability Bureau (NAB).
According to the order, the main appeal was initially scheduled for April 30, subsequently adjourned to May 7 and later fixed for October 5.
The court noted that the principal grievance raised by Bushra Bibi’s counsel concerned repeated delays allegedly caused by NAB, which had prolonged proceedings on the suspension application.
However, the FCC held that the main appeal’s pending hearing provided sufficient reason to prioritise its early adjudication. It added that Bushra Bibi’s counsel must fully assist the high court, while NAB would also be required to present its arguments without unnecessary delays.
The court further observed that the voluminous record and the need for detailed arguments did not, by themselves, provide sufficient grounds to overturn the IHC order.
The FCC also condoned a 61-day delay in filing the criminal appeal, accepting that Bushra Bibi’s incarceration at Adiala Jail constituted sufficient cause for the delay.
Medical Condition and Alleged Solitary Confinement
Bushra Bibi’s appeal argued that, as a woman suffering from a serious medical condition, she qualified for suspension of her sentence under provisions of the Code of Criminal Procedure that contemplate relief in certain circumstances.
The petition also alleged that jail authorities had failed to comply with earlier IHC directions intended to facilitate meetings between Bushra Bibi and her counsel.
According to the appeal, her counsel was instead permitted to meet Imran Khan, who allegedly disclosed that both he and Bushra Bibi were being held in solitary confinement. The petition claimed they were denied access to family members, friends, lawyers and political party colleagues, as well as to each other, books and television.
The appeal further stated that Bushra Bibi’s daughters confirmed the alleged conditions after meeting her following her eye surgery on April 17.
Her counsel argued that the alleged confinement violated the prisoners’ constitutional rights to life and dignity under Article 9 of the Constitution and amounted to an unlawful enhancement of their sentences.
The petition also maintained that prolonged isolation had adversely affected Bushra Bibi’s physical and mental health and highlighted her deteriorating eye condition.
These assertions formed part of the appellant’s arguments and were not findings established by the FCC in its order rejecting the plea.
Appeal Challenges NAB Investigation
The appeal also accused NAB of selectively prosecuting Imran Khan and Bushra Bibi while excluding six other individuals allegedly connected to the case.
It argued that the investigation was incomplete and biased, claiming that other persons, including members of the Malik Riaz family, had not been prosecuted despite their alleged involvement.
Bushra Bibi’s counsel maintained that the prosecution had failed to produce sufficient, reliable and legally admissible evidence to substantiate the allegations against her.
The FCC’s Wednesday order, however, addressed whether the IHC’s decision warranted interference at this stage and did not determine the merits of the underlying conviction appeal.
Background of the Al-Qadir Trust Case
Bushra Bibi was sentenced to seven years in prison in January 2025 and remains incarcerated at Adiala Jail in Rawalpindi. Imran Khan was also convicted in the case.
The case concerns allegations that undue benefits were provided to property tycoon Malik Riaz in connection with the recovery and handling of funds linked to a UK money-laundering settlement.
Bushra Bibi and Imran Khan initially approached the IHC in July 2025 seeking suspension of their sentences. The high court rejected their requests in May 2026, noting that their appeals against conviction had already been scheduled for hearing.
They subsequently approached the Supreme Court, but the court office returned the petition as not maintainable, stating that the appropriate legal forum was the FCC under Section 32-A of the National Accountability Ordinance, 1999.
Bushra Bibi then filed her appeal before the FCC on July 30, seeking suspension of her sentence on medical and legal grounds.
Earlier this month, members of the Pakistan Tehreek-e-Insaf (PTI) legal team sought an early hearing of the appeal. A subsequent application for an early hearing was rejected on Monday, with the petition citing concerns that her deteriorating eye condition could threaten her remaining eyesight.
