Imran Khan’s sister moves Supreme Court with another contempt plea

ISLAMABAD: Dr Uzma Khan, sister Pakistan Tehreek-e-Insaf founder Imran Khan, has filed another contempt of court petition in the Supreme Court, alleging that authorities have failed to implement the top court’s orders regarding the former prime minister’s meetings with family members and phone calls with his sons.

The petition, filed through advocate Uzair Karamat Bhandari, contended that the Supreme Court in its August 18 interim order had directed the authorities to facilitate a meeting between Imran Khan and his family once a week and allow him to speak to his sons, Qasim and Sulaiman, by phone twice a week.

Uzma said that the directives had not been fully implemented.

According to the petition, during the 14 days following the Supreme Court’s order, Imran Khan was allowed to meet only one of his sisters, Noreen Niazi, on August 18 and August 25. Other family members, including Uzma, were not permitted to meet him, it said.

The petition further said that Imran Khan had not been allowed to speak to his sons by phone and that they had been unable to communicate with their father since March.

Uzma argued that the Supreme Court’s August 18 order was clear, unambiguous and capable of implementation and required no further interpretation or clarification.

The authorities, therefore, were legally bound to comply with the order in both letter and spirit, she said.

She asked the Supreme Court to initiate contempt proceedings against those responsible for failing to implement its directives.

Prime Minister Shehbaz Sharif, Adiala Jail Superintendent Sajjad Baig, Punjab Police Inspector General, the interior secretary and the Islamabad Chief Commissioner have been named as respondents in the petition.

The latest plea is the second contempt petition filed by Uzma over the alleged non-compliance with court orders concerning Imran Khan’s access to his family.

The Supreme Court registrar’s office had earlier rejected a request for an early hearing of her first contempt petition.

The second petition was also rejected on Tuesday, while a three-member Supreme Court bench had fixed Sept 16 to hear the first contempt petition.

Background

Imran Khan has been imprisoned at Adiala jail in Rawalpindi since August 2023, and restrictions on his meetings with family members and lawyers have remained the subject of legal proceedings for several months.

Earlier, the Islamabad High Court had allowed Imran Khan to meet family members, lawyers and other relevant persons twice a week, on Tuesdays and Thursdays.

In its August 18 interim order, the Supreme Court had also directed that Imran Khan be provided medical examination facilities, weekly meetings with family members and twice-weekly phone calls with his sons.

The dispute over implementation of those directives comes against the backdrop of an earlier Islamabad High Court ruling concerning the treatment and isolation of Imran Khan and his wife, Bushra Bibi, at Adiala Jail.

In a detailed 24-page judgment, IHC Judge Justice Khadim Hussain Soomro declared their solitary confinement unlawful and directed jail authorities to restore their family access, medical facilities and other fundamental rights.

The judgment was issued while disposing of two constitutional petitions filed by Imran Khan’s sister Aleema Khanum and Bushra Bibi’s daughter, Mubashra Khawar Maneka.

The petitioners had challenged what they described as arbitrary isolation, denial of legal access and inadequate medical supervision of the two prisoners.

The high court held that imprisonment curtails personal liberty but does not strip inmates of their constitutional guarantees relating to life, human dignity and protection against unauthorised executive treatment under Articles 4, 9 and 14 of the Constitution.

It also held that keeping Imran Khan and Bushra Bibi in de facto solitary confinement without judicial authorisation was contrary to the Pakistan Penal Code, Prisons Act 1894 and Pakistan Prison Rules 1978.

The Adiala jail superintendent was directed to ensure that neither prisoner was kept in unlawful isolation.

The court ordered authorities to allow prescribed meetings with family members and spouses in accordance with prison rules. It also directed officials to facilitate scheduled audio and video WhatsApp calls between Imran Khan and his sons.

The judgment said the WhatsApp facility was intended strictly for private family communication.

Authorities could suspend the facility only if they found objective evidence that calls were being recorded, broadcast or used for political campaigning, and any such suspension had to be supported by written reasons.

The court had also referred to recommendations from medical boards at Pakistan Institute of Medical Sciences, which had noted severe anxiety, fluctuations in blood pressure and stress associated with prolonged isolation.

It directed that Imran Khan be provided at least one hour of daily walking and exercise.

Jail authorities were further ordered to provide newspapers, magazines, books and a functional television set in line with medical recommendations.

Books submitted before the court, including works on Allama Iqbal, Islamic history, science and Seerat-un-Nabi (PBUH), were also to be delivered after routine security screening.

The safeguards were extended to Bushra Bibi as well, with the court directing that the protections apply to her mutatis mutandis.

The jail superintendent was ordered to submit a compliance report to the IHC Deputy Registrar (judicial) within 15 days.

Uzma’s latest petition now places the alleged failure to implement the Supreme Court’s more recent directives directly before the apex court, which is due to take up her first contempt petition on September 16.