Supreme Court accepts PTI founder’s chamber appeal, orders fixation of case before bench

ISLAMABAD: The Supreme Court (SC) on Friday accepted a chamber appeal moved by former prime minister and PTI founder Imran Khan and ordered early fixation of the case before an apex court bench as early as possible. Imran had filed a petition before the SC, requesting that he be shifted to Islamabad’s Shifa International Hospital and granted access to his family and personal physicians. Through the chamber appeal, Imran challenged the SC Registrar’s order that returned petitions seeking his transfer to Shifa International Hospital, Islamabad, as well as access to his personal physicians, family and counsel, and the provision of medical details to his family. The SC Registrar had returned the petition on the grounds that no signed power of attorney had been attached to the petition. On Friday, Advocate Uzair Karamat Bhandari appeared before the chamber of Chief Justice of Pakistan (CJP) Yahya Afridi to plead the case. Consequently, the objections earlier raised by the Registrar’s Office were removed after being declared null and void. The counsel was also directed to furnish a signed power of attorney, and the office was ordered to assign a case number to Khan’s petition. The SC also ordered that the petition moved by Dr Uzma Khan, the sister of Imran, be heard along with the case. The chamber appeal argued that the Registrar had exceeded his administrative authority, as the Registrar’s Office was primarily vested with administrative and procedural powers relating to the filing and processing of cases. It said determining maintainability, particularly where constitutional or statutory interpretation was involved, was a judicial function requiring legal reasoning and consideration of rival submissions. The petition also sought to convert the present petition into an appeal and direct that a medical examination of the petitioner be arranged by physicians of his choice, including Dr Khurram Mirza, Dr Asim Yusuf, Dr Faisal Sultan and Dr Samina Niazi, at the earliest. Moreover, the petition also sought the immediate transfer of the petitioner to Shifa International Hospital, Islamabad, for treatment and a comprehensive medical examination, along with continued access to his physicians, family members and counsel during his incarceration and treatment. Likewise, Dr Uzma had also challenged before the SC the Islamabad High Court’s ruling refusing to shift him to Shifa International Hospital, allow access to his personal physicians, family and counsel, and provide medical details to the family. The petition explained that Imran and his wife were currently incarcerated at Adiala jail, while his two sons lived abroad. As his sister and a doctor by qualification, the applicant had natural love and affection for her brother and was seriously concerned about his health and well-being, which, it alleged, were being jeopardised by the official acts and omissions of the respondents. It maintained that the appellant was Imran’s closest relative in Pakistan and therefore had the legal standing to file the appeal. Imran — imprisoned since Aug 5, 2023, for concealing details of Toshakhana gifts — is serving a 14-year sentence at Rawalpindi’s Adiala jail in a £190 million corruption case, also known as the Al-Qadir Trust case. His eye ailment — right central retinal vein occlusion (CRVO) — came to light in late January and receives government-provided treatment. The government and the opposition have been engaged in a blame game, with the latter accusing the former of a lack of transparency in not ensuring appropriate treatment for Imran, and not allowing his personal physicians access to him. The government denies these allegations. The opposition has also demanded that the former premier be shifted to Shifa International Hospital, be treated in the presence of his personal physicians and allowed to meet his family.