By Staff Reporter
ISLAMABAD: The Supreme Court of Pakistan has ordered that a case brought by former prime minister Imran Khan seeking his transfer to a private hospital in Islamabad be listed before a bench “as early as possible,” after accepting a chamber appeal against a decision by the court’s registrar to send back his earlier petitions.
The order was issued on Friday when the matter came before the chamber of Chief Justice Yahya Afridi. Advocate Uzair Karamat Bhandari, representing Mr Khan, argued that the registrar’s office had acted beyond its powers in returning petitions that sought the PTI founder’s transfer to Shifa International Hospital, along with access to his personal physicians, family and legal counsel, and the release of his medical details to relatives.
The registrar’s office had rejected the original petitions on the grounds that no signed power of attorney had been submitted alongside them. In Friday’s proceedings, that objection was formally set aside, with the chief justice’s chamber declaring it null and void. Bhandari was instructed to provide the outstanding power of attorney, and court staff were told to assign a case number to the petition so it can proceed.
The chamber also directed that a related petition filed by Dr Uzma Khan, Imran Khan’s sister, be heard alongside the main case.
In arguments before the chamber, Mr Khan’s legal team contended that the registrar’s office holds administrative and procedural authority over the filing of cases, but that questions of maintainability — particularly where constitutional or statutory interpretation is at stake — fall within the domain of judicial officers, who must weigh legal reasoning and hear submissions from all sides before reaching a decision. On that basis, the appeal argued, the registrar had overstepped his remit in blocking the petitions from proceeding.
Beyond challenging the registrar’s decision, the petition asks the court to convert the filing into a full appeal and to order a medical examination of Mr Khan by physicians of his choosing, among them Dr Khurram Mirza, Dr Asim Yusuf, Dr Faisal Sultan and Dr Samina Niazi. It further seeks Mr Khan’s immediate transfer to Shifa International Hospital for treatment and a full medical assessment, together with ongoing access to his doctors, family and lawyers throughout his detention and any subsequent treatment.
Dr Uzma Khan’s petition, filed separately, challenges a ruling by the Islamabad High Court that had already refused similar relief — namely, her brother’s transfer to Shifa International Hospital, access to his chosen physicians, family and counsel, and the disclosure of his medical details to relatives. Her petition states that both Mr Khan and his wife remain in custody at Adiala jail, while his two sons live overseas, leaving her as his closest relative in the country. As a doctor and his sister, she says she has “natural love and affection” for him and is gravely concerned that his health is being put at risk by what the petition describes as the acts and omissions of the respondents. On these grounds, she argues she has legal standing to bring the case.
Mr Khan has been in custody since 5 August 2023, initially over allegations that he concealed the sale of state gifts received through the Toshakhana scheme. He is currently serving a 14-year sentence at Adiala jail in Rawalpindi following his conviction in the £190 million Al-Qadir Trust corruption case. An eye condition, right central retinal vein occlusion, was first disclosed in late January and is understood to be receiving treatment arranged by the government.
The handling of Khan’s medical care has become a point of sustained friction between the government and opposition. PTI and its allies have accused the authorities of withholding adequate treatment and of blocking his personal doctors from examining him, claims the government rejects. Opposition figures have repeatedly called for Mr Khan to be moved to Shifa International Hospital, treated under the supervision of his own physicians, and permitted to see his family — demands that remain unresolved as the case now heads back before a Supreme Court bench.
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