The Federal Constitutional Court declines to suspend Bushra Bibi’s sentence in the Al-Qadir Trust case and urges the Islamabad High Court to hear her main appeal without unnecessary delays.
ISLAMABAD, PAKISTAN — WEB DESK: Pakistan’s Federal Constitutional Court (FCC) has rejected former first lady Bushra Bibi’s plea seeking suspension of her seven-year prison sentence in the Al-Qadir Trust case, ruling that there were insufficient grounds to interfere with an earlier Islamabad High Court (IHC) order.
A two-member bench headed by Chief Justice Aminuddin Khan, with Justice Ali Baqar Najafi, dismissed the plea on Wednesday. The court said the appropriate course was to ensure an expeditious decision on Bushra Bibi’s main appeal against her conviction rather than conduct a parallel examination of the request to suspend her sentence.
The FCC also expected the high court to give both sides adequate opportunity to present their arguments while discouraging unnecessary adjournments, according to the court’s order. The ruling does not decide the main appeal against her conviction.
Why the Court Rejected the Plea
Bushra Bibi had challenged the IHC’s April 30 decision declining to suspend her sentence while her main appeal remained pending. Her counsel, Barrister Salman Safdar, argued that she was entitled to relief in view of her status as a woman and her serious medical condition, including concerns about her eyesight.
The defence also complained about repeated adjournments in the proceedings and argued that the delay had prolonged consideration of the suspension request.
The FCC noted that the main appeal had already been fixed for hearing before the IHC. It said the high court should proceed towards deciding that appeal, with both the defence and the National Accountability Bureau (NAB) expected to assist the court without unnecessary delays.
Court Condones Delay in Filing
The FCC noted that the appeal before it had been filed 61 days beyond the prescribed period. Bushra Bibi’s legal team sought condonation of the delay, citing her incarceration at Adiala jail.
The court accepted the explanation and condoned the delay, allowing it to consider the matter. It nevertheless found insufficient grounds to interfere with the IHC’s decision on suspending the sentence at this stage.
What Bushra Bibi’s Lawyers Argued
The legal appeal raised concerns about Bushra Bibi’s medical condition, access to legal counsel and alleged conditions of confinement. Her lawyers also disputed the prosecution’s case and argued that the evidence did not establish that she had personally benefited from the transaction at the centre of the Al-Qadir Trust case.
These points were arguments advanced by the defence; they should not be treated as findings made by the FCC in its ruling on the sentence-suspension plea.
The court’s decision focused on whether there were grounds to interfere with the IHC order at this stage and on the need for the main appeal to be decided expeditiously.
Background: The Al-Qadir Trust Case
An Islamabad accountability court sentenced Bushra Bibi to seven years in prison on January 17, 2025, in the Al-Qadir Trust case. Former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan was also convicted in the case and sentenced to 14 years in prison.
The case concerns allegations relating to the handling of funds repatriated to Pakistan by the United Kingdom’s National Crime Agency and a transaction involving property tycoon Malik Riaz. The prosecution alleged that improper benefits were provided in connection with the transaction. Imran Khan and Bushra Bibi have disputed the allegations.
The Islamabad High Court had earlier declined to suspend their sentences while their appeals against conviction were pending. Bushra Bibi subsequently approached the FCC after the Supreme Court’s office returned the petitions on the grounds that the appropriate remedy lay before the constitutional court.
The main appeal against Bushra Bibi’s conviction remains to be decided by the Islamabad High Court. The FCC has called for an expeditious hearing and said both sides should receive adequate opportunity to present their arguments.
