SC deadline looms for Imran Khan’s transfer to Shifa as counsel warns of contempt

The two-day deadline set by the Supreme Court (SC) for jail authorities to shift former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan from Adiala Jail to Shifa International Hospital ends today, with his legal team warning that any delay in implementing the order would amount to contempt of court.

In a statement on Wednesday, Imran Khan’s lawyer said all legal requirements for the transfer have been completed, and that a formal application along with a certified copy of the court order has been sent to jail authorities.

“Appellant Dr Uzma Khan has formally demanded implementation of the court order, and jail authorities must implement the directives given in the Supreme Court order without delay,” he said.

He added that the government was bound to shift the former prime minister to hospital within two days. “There is no room for any further delay in implementing the court’s decision,” he said, noting that a certified copy of the order had been formally provided to jail authorities for information, compliance and necessary action, while the court itself had also sent the order to jail officials in line with judicial procedure. “Delay or defiance will fall under contempt of court,” he warned.

A three-member Supreme Court bench headed by Justice Shahid Waheed, and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim, had ordered on Tuesday that Imran be shifted to Shifa International Hospital in Islamabad for medical assessment and treatment until the next hearing on September 16. The order came after the bench heard petitions filed by Imran, his sister Dr Uzma Khan, his lawyer Uzair Bhandari and PTI leader Mashal Yousafzai, seeking his hospitalisation and meetings with family members.

The court also directed the formation of a medical board comprising a physician, general surgeon, internal medicine specialist, eye specialist and cardiologist to examine and treat Imran, and allowed his sister Dr Uzma Khan and personal physician Dr Faisal Sultan to remain part of the process. Weekly family meetings and phone calls with his sons based in London were also permitted under the order, while the court barred his family, party and lawyers from discussing his health publicly until the case is next heard.

However, the government has pushed back against the ruling. The Islamabad chief commissioner’s office filed a review petition on Wednesday, a day after the order was issued, arguing that it does not fall within the legal parameters governing facilities that can be provided to a convicted person in jail. Federal Law Minister Azam Nazeer Tarar said the government would seek “suitable modifications” to the order, proposing that Imran be examined at a government hospital instead of a private facility.

Information Minister Attaullah Tarar also said that Khan will continue to receive all necessary medical facilities in accordance with the Constitution, law and prison rules. Addressing a press conference with Minister of State for Interior Talal Chaudhry, he said the government would file review petitions against the Supreme Court’s decision, including its direction on treatment at a private hospital.

Tarar maintained that PML-N had never politicised anyone’s health, alleging PTI had previously done so regarding PML-N leaders. He said every prisoner has the right to healthcare under the law, and that Imran Khan, who has received medical treatment in the past, would continue to be provided the same facilities under the prison manual.

He questioned whether private hospital treatment should be considered a legal right for all prisoners, calling it a matter requiring legal consideration. Tarar stressed that health issues should not be politicised and reaffirmed the government’s intent to pursue a review of the court’s order.

Imran, 73, has been imprisoned since August 2023 in cases he and his party describe as politically motivated. His sisters have said his health has deteriorated in custody, with earlier medical reports citing fluctuating blood pressure, an irregular pulse and cardiac concerns.