Can transfers alone deter ‘facilitation’ to Imran in jail?

ISLAMABAD: Will the transfer and postings of Adiala Jail’s senior officials stop Imran Khan’s facilitation in the prison? What does the Prison rules say about facilities provided to the inmate, especially political figures like former prime minister Imran Khan?

Ever since Imran Khan has been imprisoned in Adiala jail, he has succeeded to leak the information to the outside world through articles published in some foreign publications. Surprisingly, Imran Khan did not just succeed in getting articles published, he was allegedly in contact with many people outside the prison with the connivance of jail staff. Former Deputy Superintendent Adial Jail Muhammad Akram was arrested on the same charges and several jail officials have been transferred to other jails in the province who gave undue favors to Imran Khan.

Can Imran Khan write articles in the foreign publication and whether he is entitled to convey his messages whomever he wants after the official meeting times are over? If not, how the information is leaked to him from outside and how he succeeds in sending the information/messages to the outer world from the prison? Except one arrest and a few transfers and postings, what action has been taken against those who were involved in the entire process as this couldn’t be a single man’s operation.

While Punjab’s jail authorities as well as the law enforcement agencies are investigating the matter, the real question is: do Pakistan’s prison rules allow an inmate to write a letter or article to any publication (national or international)? Can a prisoner be actively involved in politics while in prison? What do the Pakistan Prison Rules 1978 say about the rights of prisoners, their involvement in politics, or if they can write to or for a foreign publication?

In January 2024, this scribe had contacted PTI’s Secretary Information Raoof Hasan and asked whether the articles published in foreign publications with Imran Khan’s byline were actually written by Imran Khan himself or they were ghost articles written by someone in his name. Confirming that the letter was not a ghost-written piece and had been written by the PTI chief, the PTI information secretary said that no one from the current political leadership, whether Nawaz Sharif or Asif Ali Zardari, matches Imran Khan’s intellect.

What do the prison rules say about an inmate writing an article this way? Rule 265 of Pakistan Prison Rules 1978 says, “Superior class prisoners shall be allowed to write one letter and have one interview weekly. Both the letter and interview are interchangeable. On urgent occasions such as death or serious illness in a prisoner’s family, this rule may be relaxed at the discretion of the Superintendent. The number of persons who may visit a prisoner at any given time should be limited to six.”

The same rules also prohibit inmates from politics: “The discussion of political matters shall not be allowed at these interviews. The subject matter of all letters shall be strictly limited to private affairs and shall not contain any reference to prison administration and discipline, other prisoners or politics. Publications of matters discussed at interview or of the substance of letters received from prisoners shall entail the withdrawal or curtailment of this privilege.”

Similarly, no letter can be sent out of prison until it is examined by the superintendent or an appropriate officer. Rule 546 of the Prison Rules says, “No letter shall be delivered to or sent by a prisoner until it has been examined by the Superintendent or an officer authorised by the Superintendent... but no necessary delay shall be allowed to occur in its delivery or dispatch. If a letter is written in a language unknown to the examining officer, he shall take steps to get it translated before forwarding it.”

“No letter written in cipher shall be allowed to be sent or received. The Superintendent may withhold any letter which seems to him to be in any way improper objectionable, or may delete any passages which appear improper or objectionable. The subject-matter of letters shall be restricted to private and domestic affairs only. Suspicious looking letters may be exposed to heat or treated in any other suitable manner as a safeguard against unauthorised messages written in invisible ink being smuggled in or out of prison.”

On the retention of letters, Rule 547 says that a prisoner may “unless the Superintendent otherwise directs, retain any letters which may have been delivered to him or may request these be kept for him in the prison.” Similarly, no interview or interview or communication can take place without the permission of the superintendent.

Moreover, Rule 549 says that a prisoner permitted to write letters, will be provided writing materials “and all letters shall be written at such time and place as the Superintendent may appoint. One day in the week, preferable Sunday, shall be set apart for letter writing. Service postage stamps at government expense shall be provided for prisoner’s letters. Letters, interviews, etc, to be recorded on history tickets.”

The record-keeping of such communication has also been laid down by the Prison Rules, 550 of which says that “Interviews and letters allowed to a prisoner shall be entered on his history ticket and initiated by the Superintendent or by an officer deputed by him. (ii) Every interview shall also be recorded in the interview register and entries shall be initiated by the Deputy Superintendent and Superintendent. (iii) All petitions, vakalatnama and notices sent or received by prisoners shall be entered on the history tickets. All registered letters and parcels received by prisoners shall be similarly recorded.”