Urdu Report Editorial Team
ISLAMABAD: Important legal questions have emerged over a possible contempt of court petition following the non-implementation of the Supreme Court’s order regarding the transfer of PTI founder Imran Khan to Shifa International Hospital.
On August 18, the Supreme Court, through a three-member bench, ordered that Imran Khan be transferred from Adiala Jail to Shifa International Hospital in Islamabad. The bench was headed by Justice Shahid Waheed, while Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim were also members of the bench.
The court had directed that Imran Khan be shifted to Shifa International Hospital within 48 hours, where a medical board comprising specialist doctors would examine him. The court had also allowed the inclusion of his personal physician, Dr Faisal Sultan, and permitted weekly meetings with his family members.
Imran Khan’s Hospital Transfer
However, instead of being kept at Shifa International Hospital, Imran Khan was taken to the Pakistan Institute of Medical Sciences (PIMS), where specialist doctors conducted his medical examination. According to the government, the examination was conducted at PIMS instead of Shifa due to security concerns, while the government maintains that doctors from Shifa were also part of the medical team.
PTI and Imran Khan’s lawyers have announced that they would file a contempt of court petition, describing the move as a deviation from the Supreme Court’s order. However, as of Friday evening, there was no confirmation that the petition had actually been filed.
Will the Bench Be Available Next Week?
Legal circles are also focusing on the fact that the three-member bench that issued the Supreme Court order was available until Friday. If a contempt petition had been filed on the same day and was taken up urgently, the matter could potentially have been placed before the same bench.
In such a situation, the court could have issued notices to the government or relevant authorities at the preliminary stage and sought an explanation regarding compliance with the Supreme Court’s order.
If the petition is filed on Saturday, it would likely be taken up on the next working day. However, with the three-member bench potentially unavailable throughout the following week, the case could also be assigned to another bench.
Government’s Justification
In this situation, the interpretation of the Supreme Court’s August 18 order, the nature of compliance with the directive, and the government’s justification for conducting Imran Khan’s medical examination at PIMS on security grounds could become important issues before the court.
On the other hand, the government maintains that Imran Khan was not denied medical treatment and that he was examined by specialist doctors at PIMS because of the security situation.
Government ministers have also stated in their respective statements that Imran Khan was medically fit.
Supreme Court direction
Thus, the difference between the Supreme Court’s direction for treatment and medical supervision at Shifa International Hospital and the government’s decision to conduct a medical examination at PIMS could become a key issue in any future court proceedings.
If a contempt of court petition is filed, the central question will be whether the medical examination by specialist doctors at PIMS can be considered compliance with the Supreme Court’s explicit order, or whether the court considers it a deviation from its directive.
