PTI seeks contempt action over Imran Shifa fiasco

Uzma Khan, sister of former prime minister Imran Khan, has approached the Supreme Court seeking contempt proceedings against Prime Minister Shehbaz Sharif and other government officials over the alleged non-compliance with the court's August 18 order regarding. The Supreme Court on August 18 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. However, the government on August 20 briefly transferred Imran to the Pakistan Institute of Medical Sciences (Pims) and later shifted him back to Adiala Jail after his medical examination, citing security concerns—a move condemned by the opposition as a flagrant violation of the SC order. On Saturday, Imran's sister Uzam filed a contempt petition in the apex court through Advocate Uzair Karamat Bhandari. A large number of PTI leaders and lawyers, led by Salman Akram Raja, also arrived at the Supreme Court premises when the petition was filed. Uzma has requested the court to initiate contempt proceedings against the Islamabad chief commissioner, interior secretary, Punjab inspector general of prisons, Adiala Jail superintendent, Law Minister Azam Nazeer Tarar, Information Minister Atta Tarar and PM Shehbaz Sharif. Interestingly, Interior Minister Mohsin Naqvi has not been named as a respondent in the contempt petition. A former PTI minister described the omission as a "smart move" by the party's legal team, noting that Naqvi's relationship with the ruling PML-N was not cordial any more. Separately, Khyber-Pakhtunkhwa Chief Minister Sohail Afridi recently acknowledged that he was in contact with Naqvi over security-related matters in the province. A PTI office-bearer has also praised the interior minister's role in the current matter.   Govt seeks early hearing Meanwhile, the federal government has requested an early hearing of its review petition against the Supreme Court's August 18 order concerning Imran Khan's transfer to Shifa International Hospital. Sources told The Express Tribune that both the contempt petition and the government's application for early hearing would be listed in accordance with the Supreme Court's new case-fixation policy. Despite pressure from a section of lawyers and PTI supporters for immediate listing, the contempt petition is unlikely to be fixed for next week, the sources said. The matter is already scheduled for hearing on September 17 through a judicial order. The Professional Lawyers Group has demanded implementation of the Supreme Court order, while the Independent Lawyers Group has distanced itself from the demand. Some lawyers believe that if divisions emerge within the executive over implementation of the order, the contempt petition could be fixed for an early hearing. They said Chief Justice of Pakistan Yahya Afridi would face the responsibility of safeguarding the authority of the Supreme Court.   Affidavits submitted Uzma Khan has also submitted an affidavit verifying the facts stated in the contempt petition. Advocate Chaudhry Khalid Yousaf has separately submitted an affidavit stating that he presented his vakalatnama and relevant documents to the jail authorities. However, he said, the authorities asked him to wait and did not receive the vakalatnama. "The jail authorities also did not arrange for the vakalatnama to be presented to Imran Ahmad Khan Niazi for obtaining his signatures. As a result, the vakalatnama was neither received by the jail authorities nor signed by Imran Ahmad Khan Niazi," the affidavit states.   Govt accused of deliberate non-compliance The contempt petition alleges that statements made by government officials make it "crystal clear" that the respondents never intended to obey or implement the Supreme Court's order. It claims that, instead of complying with the directions, the respondents questioned their validity and allegedly adopted a "deliberate plan" to create a false impression that the order was being implemented. The petition alleges that Law Minister Azam Nazeer Tarar initially took the position that the court's order was contrary to law, while statements and social media posts by Information Minister Atta Tarar allegedly demonstrated his role in the matter. The petition argues that PM Shehbaz Sharif, as chief executive of the federation, is responsible for ensuring implementation of the Supreme Court's order. It cites the Supreme Court's 2012 judgment concerning former prime minister Yousaf Raza Gilani, in which the court held that where the federal government brazenly or blatantly refuses or fails to implement its judgments and directions, responsibility ultimately rests with the PM. That case eventually led to the conviction of Gilani for contempt of court.   Plea for immediate implementation Uzma Khan has asked the Supreme Court to take all appropriate measures to implement its August 18 order, particularly the direction to transfer Imran Khan to Shifa International Hospital and have him medically examined in accordance with the order. She has suggested that the court could deputise one of its officers or appoint a local commission to ensure that Imran Khan is immediately shifted to the hospital and medically examined as directed. The petition argues that failure to implement the order deprives both the petitioner and her brother of their fundamental rights recognised in various court judgments and in the August 18 order itself. It contends that the alleged non-compliance places Imran's health at risk and therefore warrants both the initiation of contempt proceedings and immediate measures to enforce the directions. Imran Khan 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.