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Former PM Imran Khan Faces Another Setback From Top Court

Islamabad High Court rejected Imran Khan lawyer plea

Former PM Imran Khan Faces Another Setback From Top Court

Former PM Imran Khan Faces Another Setback From Top Court

ISLAMABAD: The Islamabad High Court has rejected a petition seeking the immediate transfer of former prime minister and Pakistan Tehreek-e-Insaf founder Imran Khan to Shifa International Hospital for specialised medical treatment, directing instead the formation of a medical board to assess his health condition.

The division bench comprising Justice Arbab Muhammad Tahir and Justice Khadim Hussain Soomro announced the reserved verdict on Thursday after reviewing arguments from both sides in the long-pending application related to Khan’s eye ailment.

The court disposed of the plea without granting the request for shifting the incarcerated leader from Adiala Jail to the private facility, emphasising procedural adherence and the need for an independent evaluation.

Sources familiar with the proceedings indicated that the bench stressed responsibility on authorities if the former premier’s health deteriorates further, while rejecting inclusion of Khan’s personal physicians in the proposed board.

The decision comes amid ongoing concerns over Khan’s vision in his right eye, which medical reports submitted earlier to higher courts described as having declined significantly to around 15 per cent.

A February medical assessment presented in the Supreme Court had highlighted the urgency of specialised intervention, prompting renewed legal efforts by his family and legal team.

Petitioner counsel had argued on humanitarian grounds, citing repeated delays in providing adequate care and restricted family access since Khan’s incarceration began in August 2023.

Government representatives, including the Advocate General Islamabad, opposed the immediate transfer, pointing to existing treatment protocols inside the jail and prior examinations at facilities like the Pakistan Institute of Medical Sciences.

They referenced reports from the jail superintendent and a friend-of-the-court submission, asserting that Khan received appropriate attention under a medical board already overseeing his case.

The bench questioned aspects of reliance on institutional press releases for health updates and sought clarifications on protocols for prisoners requiring urgent care outside jail premises.

After adjourning earlier sessions due to unpreparedness of counsel on jail rules, the court proceeded to hear detailed submissions before reserving judgment.

The petition stemmed from a miscellaneous application tied to Khan’s appeals in cases including the Toshakhana reference, where his 17-year sentence had been suspended but detention continued in other matters.

Family members, including sisters Aleema Khan and others, had repeatedly highlighted the eye condition’s progression over nearly two months, warning of irreversible damage without prompt specialised intervention.

PTI supporters and opposition figures have framed the issue as a matter of basic rights for a high-profile detainee, drawing parallels to international standards on prisoner healthcare.

Legal experts note that jail manuals in Pakistan allow shifts to external hospitals only upon recommendation of a constituted medical board, a threshold the court appears to have upheld.

The directive now tasks the Islamabad chief commissioner with forming the fresh board swiftly to conduct a comprehensive review.

Authorities must inform the family in line with established jail regulations following the examination.

The board’s findings will determine any future need for transfer, though the court explicitly turned down immediate relocation to Shifa International.

This ruling follows earlier attempts, including a Supreme Court petition returned on procedural grounds earlier this year for lacking proper forum or Advocate-on-Record compliance.

That move had redirected focus to the high court, where the matter gained traction after notices were issued and hearings scheduled.

Observers anticipate the medical board’s report could become pivotal in shaping subsequent legal or political developments surrounding Khan’s detention.

The case underscores persistent tensions between judicial oversight, prison administration, and political implications in high-stakes incarceration matters.

Khan remains at Adiala Jail, serving sentences in multiple corruption and related cases while pursuing appeals across forums.

The high court’s measured approach prioritises institutional mechanisms over expedited private care, aligning with precedents in similar prisoner health petitions.

Further hearings or compliance reports may follow as the board completes its mandated task in the coming days.