Can transfers alone prevent the facilitation of Imran's incarceration?

PTI founder and former prime minister Imran Khan arrives for his court hearing in Islamabad. AFP/Archives

ISLAMABAD: Will the transfer and postings of senior officials of Adiala Jail put an end to Imran Khan's activities in the jail? What do the prison rules say about the facilities provided to inmates, especially political figures like former Prime Minister Imran Khan?

Since Imran Khan has been imprisoned in Adiala Jail, he has managed to leak information to the outside world through articles published in some foreign publications. Surprisingly, Imran Khan has not only managed to get articles published, he has reportedly been in contact with many people outside the prison with the connivance of the jail staff. Former Deputy Superintendent of Adial Jail Muhammad Akram has been arrested on the same charges and several jail officials have been transferred to other jails in the province for giving undue favours to Imran Khan.

Can Imran Khan write articles in a foreign publication and does he have the right to convey his messages to whomever he wants after the official meetings are over? If not, how does the information reach him from outside and how does he manage to send this information/message to the outside world from the prison? Apart from one arrest and some transfers and postings, what action has been taken against those who were involved in the entire process, because it cannot be a one-man operation.

While the Punjab jail authorities and law enforcement agencies are investigating the case, the real question is: Do Pakistan Prison Rules allow an inmate to write a letter or article to any publication (national or international)? Can an inmate actively get involved in politics while incarcerated? What do the Pakistan Prison Rules, 1978 say about the rights of inmates, their involvement in politics or whether they can write to or for a foreign publication?

In January 2024, this journalist had contacted PTI Information Secretary Raoof Hasan and asked him whether the articles published in foreign publications under Imran Khan’s byline were actually written by Imran Khan himself or were they ghostwritten by someone on his behalf. Confirming that the letter was not a ghostwritten article and was written by the PTI chief, the PTI Information Secretary said that no one among the current political leaders, be it Nawaz Sharif or Asif Ali Zardari, matches Imran Khan’s intelligence.

What do the prison rules say about an inmate writing an article in this manner? Rule 265 of the Pakistan Prison Rules, 1978 states that higher category inmates should be allowed to write one letter and have one interview per week. The letter and the interview are interchangeable. In urgent cases such as the death or serious illness of a member of the prisoner's family, this rule can be relaxed at the discretion of the warden. The number of people who can visit an inmate at any one time should be limited to six.

The same rules also prohibit prisoners from engaging in political discussions: no political issues are to be discussed during these interviews. The subject of all letters must be strictly limited to private matters and must not contain any reference to prison administration and discipline, other prisoners or politics. Publication of the subjects discussed during interviews or the contents of letters received from prisoners will result in the withdrawal or limitation of this privilege.

Similarly, no letter shall be sent out of the prison until it has been examined by the governor or a proper officer. Rule 546 of the Prison Rules provides that no letter shall be delivered to or sent by a prisoner until it has been examined by the governor or an officer authorised by him… but no delay shall be suffered in its delivery or despatch. If a letter is written in a language unknown to the governor examining it, he shall arrange for it to be translated before it is forwarded.

No letters written in cipher shall be permitted to be sent or received. The Superintendent may withhold any letter which appears to him to be improper or objectionable, or may suppress any passage which appears to him to be improper or objectionable. The subject of letters shall be confined to private and domestic matters. Suspect letters may be exposed to heat or treated in any other suitable manner to prevent unauthorized messages written in invisible ink from being smuggled into or exported from the prison.

As regards the retention of letters, Rule 547 provides that a prisoner may, unless otherwise directed by the governor, retain letters given to him or may request that they be retained for him in the prison. Similarly, no interview or communication may take place without the permission of the governor.

Further, Rule 549 provides that every prisoner permitted to write letters shall be provided with writing materials and that all letters shall be written at such time and place as the Superintendent may direct. One day in each week, preferably Sunday, shall be set aside for letter writing. Postage stamps at the expense of the Government shall be provided for prisoners' letters. Letters, interviews, etc., shall be recorded on history cards.

The Prison Rules also provide for maintaining a register of such communications, Rule 550 of which provides that interviews and letters granted to a prisoner shall be entered in his interview book and initiated by the Superintendent or an officer deputed by him. (ii) Every interview shall also be recorded in the interview book and the entries shall be initiated by the Deputy Superintendent and the Superintendent. (iii) All petitions, vakalatnamas and notifications sent or received by prisoners shall be entered in the interview books. All registered letters and parcels received by prisoners shall be recorded in the same manner.

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