ISLAMABAD: The federal government on Monday assured the Supreme Court (SC) that PTI founder Imran Khan had been allowed to speak to his children, adding that the medical examination of the ex-premier was also carried out by an expert team.
Last week, a two-judge SC bench headed by Chief Justice of Pakistan (CJP) Yahya Afridi had instructed the government to form a medical team to examine incarcerated PTI chief Imran Khan after a report submitted by his lawyer, Salman Safdar, revealed that the former prime minister had lost 85 per cent of the vision in his right eye. The court had also asked authorities to arrange calls between Imran and his children.
On Monday, the government, through Deputy Attorney General Raja Muhammad Shafqat Abbasi, filed a fresh application in the SC.
The government said it was placing on record the report prepared by the Adiala jail superintendent to highlight the SC’s earlier directions, issued on Aug 24, 2023, in exercise of powers under Article 184 of the Constitution (a provision now scrubbed through the 27th Constitutional Amendment).
“Otherwise, such an order was not germane or in any manner connected with the matter at hand, which arose out of criminal proceedings underway against Imran,” the report said, adding that in deference to the SC, proceedings culminating in the directions issued on Feb 12 were “not objected to”.
In its Aug 24, 2023 order, a three-judge SC bench, headed by then-CJP Umar Ata Bandial, had directed the attorney general for Pakistan to furnish an official report regarding the living conditions of the PTI founder in his jail cell. At that time, Imran was incarcerated at Attock jail.
The report submitted on Thursday highlighted that Imran had been given better class prison facilities while efforts were being made by the jail administration to keep his living conditions in line with ‘Better Class’ prisoners under the jail manual.
It said that Imran’s place of confinement at Adiala jail was safe, secure and was properly manned by the prison staff. The jail superintendent and other officers of the jail frequently check the security arrangements in place, the report added.
On the provision of food, the report said that Imran was eating meals of his own choice since being incarcerated. The federal government’s report said that his diet plan consisted of dates, honey, walnuts, coffee, porridge, lassi, milk, chia seeds, orange juice, chicken, mutton, lentils, salad, mixed pickle, dry fruits, and green tea.
The report said that for the purpose of cooking, a labourer had been provided, who prepared meals in a designated kitchen area adjacent to the compound. A separate safe and secure mechanism has been undertaken for purchasing raw material for cooking, the report said.
The report said that Imran was currently confined in a designed compound that comprised seven cells. It said that there was a corridor in front of the cells, which Imran used for walking and exercise. Further, there was an adjacent lawn, where the ex-premier read books and newspapers.
“It is worth mentioning here that keeping in view the increasing population trends in Central Jail, Rawalpindi, as many as 30-35 inmates can be accommodated in the compound where the petitioner is currently housed,” the report said.
The report said that Imran had been provided with a cycling machine, stretching bands, a chin-up rod and other equipment under the orders issued by a special court on October 23, 2023.
It further said that Imran was being provided adequate healthcare facilities, sanitation and toiletries. It said that he was visited by the jail’s medical officers thrice a day, who checked his vitals and recorded the data in his medical record.
It said that a number of consultants from public tertiary care hospitals had also visited Imran, the record of which was available with the jail administration.
The report said that Imran had access to clean and filtered drinking water, and the toilet facilities were also adequate. It said Imran had access to natural light, fresh air and exercise from dawn to dusk and was free to move from early in the morning till night.
The report said that Imran had seasonal clothing, bedding, a hygiene kit, shoes and other articles of day- to-day use. “He has access to all essential items without any restriction,” the report concluded.
SC releases written order
Meanwhile, in a seven-page order on the Feb 12 proceedings, the SC reiterated that the three petitions in the case at hand had become infructuous. These petitions emanated from the same criminal trial in a case pertaining to the concealment of gifts, instituted on a complaint filed by the Election Commission of Pakistan (ECP) through the district election commissioner, Islamabad.
The order said that though the petitions assail different interlocutory and procedural orders, they stemmed from a common factual and procedural background.
It said that the orders impugned in the first two petitions had merged into the final judgment of a trial court on Aug 5, 2023, which had already been challenged by Imran before the Islamabad High Court (IHC).
Similarly, the third petition, concerning the refusal to transfer the case, had also become infructuous by virtue of the final judgment passed by that court, from which the transfer was sought.
The petitioner’s substantive challenge to that final judgment, including the alleged irregularities or illegalities during the trial proceedings, was presently sub judice before IHC in its appellate jurisdiction, the order reminded.
Accordingly, the petitioner retained the right to agitate all his grievances before the appropriate judicial forum, which, in the present circumstances, was the IHC – the appellate court where his appeal against the trial court’s Aug 5, 2023 final judgment was pending adjudication.
“However, in due deference to the earlier orders passed by a three-member SC bench on Aug 23 and 24, 2023, where it was observed that the court would await the decision of the high court before proceeding further in these petitions, we adjourn the present petitions sine die, to be taken up after the decision of the petitioner’s appeal before the high court,” it said.
“In the meantime, if the petitioner has any grievance, the appropriate course will be to first approach the high court, where his appeal is pending adjudication,” the order said.
The written order noted that Imran had “generally expressed satisfaction with the prevailing conditions of his confinement and has not raised any concerns necessitating accommodations beyond the existing level of care”.
“Both reports (friend of the court and jail superintendent) corroborate this finding and are further reinforced by the assurances provided by the attorney general for Pakistan,” the Supreme Court order said.
Accordingly, the concerns of the SC regarding the petitioner’s living conditions in jail, as reflected in the order of Aug 24, 2023, were addressed, and that order was complied with, the order said.
Latif Khosa writes to CJP
Separately, PTI leader Latif Khosa wrote a letter to CJP Afridi on Monday, voicing concerns over the medical examination of Imran in “secrecy” at the Adiala jail on February 15 (Sunday).
In his letter, Khosa raised concerns to this end, identifying himself as a counsel for Imran in a plea pertaining to the Toshakhana case against his client.
He said Imran’s medical examination in “secrecy, without notice to the family or independent doctors, has given rise to serious apprehensions”.
“The continued exclusion of the petitioner’s family and personal medical practitioners from information concerning his health has created unavoidable doubts. Such secrecy not only undermines confidence in the medical process but is also causing unrest and distress among his family members, friends and supporters,” the letter, seen by Dawn, stated.
Khosa underlined in the letter that Imran was 73 years old, and “his advancing age and declining health are matters of grave concern not only for his family but for the people of Pakistan at large”.
“Being one of the most widely supported political leaders in the country, public interest in his wellbeing is natural and unavoidable. Yet, despite this, he remains deprived of basic human necessities during a period when his medical condition demands care and transparency,” he added.
He further said that “for the past few months, reports have surfaced across Pakistan raising serious concerns regarding the deterioration of the petitioner’s eyesight and overall health”.
“These reports, coupled with the continued denial of access to family members, have created deep uncertainty.”
In these circumstances, Khosa continued, the SC was approached for relief and appointed Barrister Salman Safdar as a “friend of the court” on February 10, permitting him to visit Imran in jail.
Barrister Safdar was asked to submit a report detailing Imran’s living conditions and health status after the visit, Khosa recalled, adding that he subsequently submitted the report to the SC on February 11.
“The report confirms that the petitioner has been left with only approximately 15pc vision in his right eye. It further records, particularly paragraph 8, that despite the petitioner’s repeated complaints of blurred and hazardous vision, no timely or adequate medical intervention was undertaken by the jail authorities, which ultimately resulted in complete loss of his vision in one eye,” Khosa claimed in his letter.
Terming these findings “alarming”, Khosa noted that Imran was medically examined at the Adiala jail on Sunday.
“Shockingly, the said examination was carried out in the complete absence of his family members, personal doctors, or legal representatives. No prior intimation was given to them regarding the said medical checkup,” he claimed.
He further brought it to the CJP’s attention that it was being “claimed in certain quarters that the family and party members were informed but voluntarily chose not to attend [the examination]”.
“These assertions are wholly incorrect and unrealistic. At no stage were the petitioner’s family members, personal physicians or counsel were informed. In fact, when the petitioner’s sisters approached the authorities, they were denied access.
“Instead, a panel of handpicked doctors was formed to conduct the examination. The petitioner’s personal doctors, family members, and legal team were denied access,” he maintained.
Khosa highlighted that Imran, on the other hand, had “repeatedly sought access to his personal doctors, namely Dr Faisal Sultan and Dr Asim Yousaf, for independent examination and treatment of his deteriorating eye condition”.
He also mentioned in the letter that Imran was taken into custody on August 5, 2023 and initially kept at District Jail in Attock. He was moved to the Adiala jail after around three months and had been incarcerated there since.
“Throughout this prolonged period of incarceration, his fundamental and statutory rights have consistently been violated. While earlier his family members and close associates were permitted to meet him in accordance with jail rules, it has now been over four to five months that no meeting has been allowed. His family has effectively been denied access to him,” Khosa complained in the letter.
He requested the CJP to direct the relevant authorities to provide an attested copy of Imran’s medical report of his examination conducted on February 15.
The report was released today.
Khosa also sought permission for Imran to be provided immediate access to his personal doctors, including Dr Faisal Sultan and Dr Asim Yousaf, for his independent medical examination and treatment.
The PTI lawyer further requested the CJP to issue directives for moving Imran to “Al-Shifa Hospital for immediate treatment of his ailment, which clearly cannot be adequately treated within Central Jail, Rawalpindi”.
He also asked the court to “direct that the petitioner’s family members be duly informed and granted reasonable access regarding his medical condition and any future medical condition”.
