The Federal Constitutional Court (FCC) has rejected former first lady Bushra Bibi’s plea challenging an Islamabad High Court (IHC) order that declined to suspend her sentence in the £190 million Al-Qadir Trust case.
“We find no sufficient ground warranting interference with the April 30 Islamabad High Court (IHC) order at this stage,” Chief Justice Aminuddin Khan observed while heading a two-member bench that dismissed her plea.
The IHC had refused to suspend Bushra Bibi’s sentence while her appeal against the conviction, along with that of her husband, former prime minister Imran Khan, remained pending before the high court.
The FCC bench, which also comprised Justice Ali Baqar Najafi, expressed the expectation that the IHC would make efforts to decide the main appeal promptly, ensuring both sides received adequate opportunities to present their arguments and avoiding unnecessary adjournments.
Earlier, the bench had reserved its decision on the plea, which argued that Bushra Bibi was entitled to suspension of her sentence because she was a woman with a serious medical condition. Her counsel maintained that similar relief was available under the first proviso to Section 497(1) of the Code of Criminal Procedure (CrPC), which addresses bail in certain non-bailable offences.
In its three-page order, the FCC noted 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).
The court observed that the IHC had declined to suspend the sentence under Section 426 of the CrPC without examining the merits of the application in detail. Its decision was primarily based on the fact that the main appeal had already been scheduled for hearing and that the appellant’s counsel had not provided the assistance required for its adjudication.
According to the record, the appeal was initially fixed for April 30, subsequently adjourned to May 7 and later rescheduled for October 5.
The principal grievance raised by Bushra Bibi’s counsel concerned repeated adjournments allegedly sought by NAB, which had prolonged proceedings on the application for suspension of her sentence.
However, the FCC said that, with the main appeal already scheduled for hearing, the appropriate course was to ensure its early resolution rather than separately examine the merits of the sentence-suspension application at this stage.
The court also observed that the voluminous nature of the case record and the need for extensive arguments did not, by themselves, justify interference with the IHC’s order.
It said Bushra Bibi’s counsel was required to provide full assistance to the high court in deciding the appeal, while NAB would also be expected to present its arguments without seeking unnecessary adjournments.
The FCC further noted that the criminal appeal had been filed 61 days beyond the prescribed limitation period. However, it accepted the explanation provided, particularly her incarceration at Adiala jail, as sufficient grounds to condone the delay.
The criminal appeal was filed under Section 32-A of the National Accountability Ordinance, read with Article 175F(1)(a) of the Constitution.
It alleged that despite previous directions from the IHC requiring Central Jail Adiala authorities to facilitate meetings between Bushra Bibi and her counsel, the instructions had not been properly implemented.
According to the appeal, her counsel was instead allowed to meet Imran Khan, who reportedly disclosed that both he and his wife were being held in solitary confinement.
The appeal alleged that the couple had been denied access to family members, friends, lawyers and political party representatives, as well as contact with each other. It further claimed that they had been deprived of books, television and information about the outside world.
The claims were reportedly corroborated by Bushra Bibi’s daughters after they met her following her eye surgery on April 17, the appeal stated.
The petition argued that the alleged treatment amounted to an unauthorised extension of punishment and violated the fundamental rights to life and dignity guaranteed under Article 9 of the Constitution. It called for immediate judicial intervention.
The appeal further maintained that prolonged solitary confinement had seriously affected Bushra Bibi’s physical and mental health, pointing to the need for eye surgery outside the prison premises.
It argued that, given her deteriorating medical condition, she should not be subjected to solitary confinement even if such a punishment had been imposed by a court. The petition alleged that her continued confinement in these conditions violated applicable laws and prison regulations.
The appeal also accused NAB of selectively prosecuting Bushra Bibi and Imran Khan while excluding six other individuals allegedly connected to the case.
It specifically referred to the Malik Riaz family and other individuals who, according to the petitioner, had not been prosecuted despite their alleged involvement.
The defence argued that the investigation was incomplete and biased, resulting in the framing of charges and convictions that it described as unjust.
It further maintained that the prosecution had failed to produce sufficiently reliable and legally admissible evidence to establish the allegations in their entirety.
Bushra Bibi was sentenced in January last year and remains imprisoned at Rawalpindi’s Adiala jail. The court had convicted her and Imran Khan in the Al-Qadir Trust case, which concerned allegations of financial misconduct and the provision of undue benefits to property tycoon Malik Riaz in connection with the recovery of laundered money from the United Kingdom.
Bushra Bibi and the former prime minister initially approached the IHC in July last year, seeking suspension of their sentences. In May 2026, the high court dismissed their requests, observing that their appeals against conviction had already been scheduled for hearing.
The couple subsequently approached the Supreme Court against the IHC decision. However, the Supreme Court office returned the petition as not maintainable, explaining that because the IHC had issued the order under Section 32 of the National Accountability Ordinance, the appropriate legal remedy lay before the FCC under Section 32-A of the ordinance.
Bushra Bibi then approached the FCC on July 30, arguing that her status as a woman and her serious medical condition justified suspension of her sentence under the relevant provisions of the CrPC.
Earlier this month, senior members of PTI’s legal team approached the FCC seeking an early hearing of the criminal appeal. However, no fresh written application was filed, and the request was made verbally.
Her latest application for an early hearing, which was rejected on Monday, also warned that her rapidly deteriorating eye condition threatened her remaining eyesight.
