SC orders ex-PM’s shifting to Shifa hospital in two days
Directs govt to constitute specialised medical board
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COURT RELIEF: K-P Chief Minister Sohail Afridi and PTI Secretary General Salman Akram Raja speak to the media outside the Supreme Court. SABAH PHOTO
ISLAMABAD:
The Supreme Court on Tuesday ordered that incarcerated former prime minister Imran Khan be shifted to Islamabad’s Shifa International Hospital within two days for medical examination and treatment, while directing the government to constitute a specialised medical board for his care.
A three-member bench comprising Justice Shahid Waheed, Justice Naeem Akhter Afghan and Justice Ishtiaq Ibrahim passed the directions while hearing a set of interconnected matters concerning Imran, including his plea relating to medical treatment and access to family members and lawyers.
Imran Khan, also the PTI founder, has been detained at Rawalpindi’s Adiala Jail for almost three years. Authorities have denied weekly meetings between Imran and his family and lawyers since December last year. In the meanwhile, the former PM also developed medical conditions affecting his eyesight.
The court observed that the synopsis of Imran Khan’s medical examination and health condition prima facie indicated deterioration in his health and said it was inclined, as an interim measure, to make appropriate arrangements for his medical examination and treatment.
The court held that the state and, consequently, the courts had a constitutional and legal obligation to safeguard the life, health, dignity and security of persons in custody.
“A prisoner does not, by reason of his incarceration, cease to be entitled to humane treatment and necessary medical care,” the order stated.
The court directed the concerned officer or government to place before it the complete medical record of Imran Khan, including all medical tests and reports, prescriptions, medical opinions, examination reports and details of treatment administered to him from the date of his arrest until the present.
The government was also directed to furnish complete details of all meetings held during the preceding three months between Imran Khan and his family members and lawyers.
It was further ordered to provide complete details of all cases in which the former prime minister was accused, arrested, facing trial, or convicted and sentenced.
The court directed the concerned government officer, in consultation and coordination with the management of Shifa International Hospital, to constitute a medical board comprising a physician, general surgeon, specialist in internal medicine, eye specialist and cardiologist.
Dr Faisal Sultan and one of Imran Khan’s sisters, Dr Uzma Khan, were ordered to be permitted to remain associated with his medical examination and treatment.
The court directed that the expenses relating to treatment and facilities provided by Shifa International Hospital would be borne by Imran Khan or his family members.
Weekly family meetings, twice-weekly calls with sons
The Supreme Court also directed the government and relevant officers to facilitate meetings between Imran Khan and his family members once a week. The authorities were also directed to facilitate telephone conversations between Imran Khan and his sons twice a week.
At the same time, the court imposed restrictions on the disclosure of his medical information.
Until the next date of hearing, none of his family members, members of his political party or lawyers associated with him would be allowed to disclose or share his health condition or medical reports with the media or the public at large.
The court also directed Imran Khan’s political partythe PTIand family members to ensure that no public gathering took place within the premises of Shifa International Hospital.
It further ordered that Imran Khan, or any person related to or associated with him in any capacity, would not use medical reports or information concerning his health as an instrument for political gain.
The court warned that non-compliance with any of its directions would be viewed strictly and that the facilities granted under the order could be withdrawn forthwith.
The government or its functionaries were given the liberty to approach the court if they had any complaint regarding misuse of the facilities, while Imran Khan or his family members could also move an appropriate application in case of any grievance concerning implementation of the order.
The government was directed to make adequate security arrangements for the entire period during which Imran remained at Shifa International Hospital. The complete medical reports concerning his examination and treatment at Shifa are to be placed before the SC on the next date of hearing.
Court questions denial of medical records
During the hearing, Imran’s counsel submitted that the respondents were not providing him copies of his reports, medical examinations and tests, or details of the treatment being administered to him.
The advocate general referred to a report submitted by the Adiala Jail superintendent, containing details of Imran Khan’s medical treatment and check-ups. The court, however, was not persuaded by the submission, observing that the document was “merely a synopsis” of his ailments and treatment.
The bench asked if there was any legal impediment to furnishing Imran and his family copies of his medical test reports, prescriptions, examination reports, details of treatment and doctors’ opinions.
The advocate general candidly conceded that there was no such provision of law restricting the government from furnishing the information.
The court also recorded the petitioner’s contention that, given his health condition, his sisters, Dr Uzma Khan, and personal physician Dr Faisal Sultan should be permitted to meet him regularly and participate in his medical examination and treatment.
His counsel also sought permission for his sons to speak with him by telephone. The court said the question of maintainability of the petition, along with other objections that might be raised by the respondents, would be examined at the next hearing.
Contempt proceedings
In another connected matter, the Supreme Court issued notices to respondents in appeals arising from contempt proceedings before the Islamabad High Court (IHC).
The bench observed that the IHC had dropped contempt proceedings without recording reasons for doing so, after the writ petitions were disposed of with the consent of the parties.
The Supreme Court noted that the IHC had not recorded any reason that persuaded it to drop the contempt proceedings.
“The failure to record reasons not only runs contrary to the requirement of a fair trial but also offends the principles of natural justice,” the order said, adding that the law promoted and required a “culture of justification” under which judicial orders must disclose the reasons forming the basis of a decision.
The Supreme Court therefore directed the respondents to submit written explanations and appear in person before it on the next date of hearing. One of the other connected matters, concerning suspension of a sentence, was adjourned because the petitioner’s counsel was on general adjournment until August 21.
The Supreme Court ordered that the entire matter be treated as part-heard and fixed it for further hearing on September 16.
Sister meets Imran after 9 months
Later, Imran Khan’s sister Noreen Niazi met the PTI founder at Adiala Jail after a gap of around nine months. The meeting lasted approximately 15 minutes.
According to jail sources, Noreen, one of the three sisters of the former prime minister, briefed him about the order of the SC order. She also enquired about Imran’s health and discussed legal matters.
After the meeting, Noreen Niazi only confirmed that she had met Imran Khan but did not speak to the media. She left Adiala Jail along with her sisters Aleema Khan and Uzma Khan. Jail sources said Imran Khan also met his wife, Bushra Bibi, with their meeting lasting around 30 to 35 minutes.
Earlier, Bushra Bibi met her daughter, Mubashra Sheikh, and sister-in-law Mehrunnisa. Their meeting also lasted around 30 to 35 minutes, according to the sources.
Speaking to the media after the meeting, Aleema Khan expressed joy over the SC order.
“Words cannot describe how happy I am about the meeting. I cannot even imagine where I would have got sweets from. I have appeared before the ATC Rawalpindi from the Supreme Court,” she added.
