Dispute over Imran Khan’s health reaches Pakistan’s Supreme Court

ISLAMABAD: Dr Uzma Khan, sister of former Pakistan Prime Minister Imran Khan, moved the Supreme Court on May 12 against a judgment of the Islamabad High Court rejecting requests for transfer to a private hospital. The High Court had denied him access to personal doctors, family members and legal counsel, the petition points out.

The petition, filed by senior advocate Uzair Karamat Bhandari, challenged the decision refusing to transfer the imprisoned PTI founder to Shifa International Hospital for medical treatment. According to the petition, Dr Uzma Khan was not originally a party to the proceedings before the High Court, but was directly affected by the decision. The plea cited an earlier Supreme Court judgment in the HM Saya case, which recognized the right of an aggrieved person to challenge a court order in the apex court, according to a report by The Pakistan Frontier.

The petition said that Imran Khan and his wife remained imprisoned in Adiala jail, while his two sons were currently residing abroad. As a sister and a doctor, Uzma Khan argued that she was deeply concerned about his health and well-being, saying that the actions and negligence of the authorities put his health at risk. He further argued that she was the closest member of Imran’s immediate family residing in Pakistan and therefore had the legal capacity to appeal.

The petition describes that “appropriate treatment and continued monitoring of his ocular condition and associated medical complications” are necessary and these are being deliberately denied to him. The petition was filed against the March 12 order of the Islamabad High Court.

“The underlying cause of concern over Niazi’s (read Imran Khan) health is a blood clot, which has affected blood flow to the right eye. In medical terms, the formation of blood clots in a person’s blood can be very dangerous: a clot can travel to the heart, causing heart failure, or to the brain causing a stroke. Such conditions require detailed examination and continuous monitoring, and it goes without saying that such facilities will not be not available to Mr. Niazi during his incarceration. It is necessary for Niazi to be transferred to a private hospital for detailed examination, treatment and monitoring,” the petition states.

The petition further claims that the denial of medical care to Imran Khan is discriminatory, citing cases in which other political leaders were provided with extensive medical and personal care while in detention. “These include the cases of Mian Muhammad Nawaz Sharif and Asif Ali Zardari. Niazi has no intention of going abroad and is firm in his commitment to Pakistan but has the right to get the best possible medical treatment in the country,” the petition said.

The plea also argues that the Islamabad High Court judgment has not correctly interpreted Rule 795 of the Prison Rules regarding access of relatives to sick inmates. “In any event, as mentioned above, prison rules only set minimum standards and must be read in light of constitutional requirements. The right of a prisoner to meet his family, particularly in times of ill health, is well recognised,” he adds.

The petition further states that the Islamabad High Court relied on a report submitted by the superintendent of Adiala Prison to conclude that Imran Khan was being regularly examined and his health condition had improved. However, he argues that the same official had systematically denied Niazi adequate medical facilities.

“The right of an incarcerated person to be treated in an outside hospital, including by doctors of their choice if necessary, is now well recognized,” the petition adds. The plea further argues that the right to life, dignity and humane treatment includes access to doctors chosen by the patient himself.

“The right to life, dignity and humane treatment includes the right to consult a doctor of one’s choice. Given the nature of Niazi’s illness, the state cannot impose doctors of its choice on him, while ignoring his own choice,” he says.

“Niazi and his family have repeatedly complained that his life and health are in danger. Despite all these factors, the continued refusal to allow independent doctors to examine Mr. Niazi and to deny him access even to his family is clearly unjustified,” the petition states.

“The State has a duty to protect the health of prisoners by, among other things, providing them with required medical care. Under international law, adequate medical care is a minimum and indispensable requirement for the State to ensure the humane treatment of prisoners in its custody,” the petition adds.

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