ISLAMABAD:
The Supreme Court has declined an early hearing request by Dr Uzma Khan, sister of incarcerated PTI founder Imran Khan, seeking contempt proceedings against the government over alleged non-implementation of the court’s August 18 order directing his transfer to Shifa International Hospital.
The Supreme Court registrar’s office ordered that the contempt petition be fixed for hearing on September 16, along with the main case in which the August 18 directions were issued.
A three-member bench comprising Justice Shahid Waheed, Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim will hear the matter.
According to the registrar’s order on Uzma’s early hearing application, 94 criminal original petitions of the same category were already pending before the court, excluding her petition, which was filed last.
“Fixation policy requires fixation of case on their turn in relevant category, and it is unlikely that its turn may reach nearer,” the order said.
However, it added that since the main case in which the August 18 order was passed was pending and had already been fixed for September 16, Uzma’s contempt petition could also be fixed on the same date along with the relevant main case.
Earlier on Tuesday, the registrar’s office had raised objections to the contempt petition. The objections were subsequently removed the same day.
Uzma then filed an application seeking early fixation of the contempt petition during the current week, arguing that Imran’s health was deteriorating and that further delay could cause irreparable loss.
The application alleged that the government had disobeyed the Supreme Court’s August 18 order directing that Imran be shifted from Adiala jail to Shifa International Hospital within two days.
It maintained that if the government required any clarification regarding the order, it should have approached the court instead of deviating from its directions.
The application further argued that in the absence of a stay order, there was no justification for withholding implementation of the court’s order or seeking a review of its compliance.
Uzma requested that the contempt petition be fixed during the current week, keeping in view the requirements of justice and Imran’s health.
The contempt petition, however, will now be listed with the main case on September 16.
The development came as PTI lawyers continued efforts to secure an early hearing. PTI Chairman Barrister Gohar Khan and senior lawyer Sardar Latif Khosa had earlier sought a meeting with Chief Justice of Pakistan Yahya Afridi for early fixation of the contempt petition but could not meet him.
They subsequently met the Supreme Court registrar.
Gohar is likely to meet the chief justice on Thursday, according to sources.
Speaking to the media outside the Supreme Court, Gohar said the PTI wanted the August 18 order to be implemented and had requested an early hearing of the contempt petition.
“We want the same bench to be constituted today so that the case can be heard on Thursday,” he had said. He also stressed the importance of Imran’s health and called for meetings between the PTI founder and his family members.
The government has filed a review petition challenging the Supreme Court’s August 18 order directing Imran’s transfer to a private hospital, describing the direction as “discriminatory in nature”.
The government has expressed serious reservations over shifting Imran to a private hospital and has sought modification of the order.
On August 21, Imran was taken to the Pakistan Institute of Medical Sciences (Pims) in the early hours for a medical examination and was returned to Adiala jail after doctors declared him “medically fit”.
Information Minister Attaullah Tarar said Imran had been taken to the government-run facility instead of Shifa International Hospital because of security concerns arising from the presence of PTI workers outside and along the route.
The government has, however, been implementing another part of the Supreme Court’s August 18 directions concerning meetings between Imran and his family members, according to sources.
Sources also said the parties facing contempt allegations had not been provided with a list of the allegations.
The controversy has placed the Supreme Court’s ability to enforce its own orders under renewed scrutiny, particularly as the government has challenged the hospital-transfer direction through a review petition while the PTI has sought contempt proceedings over its alleged non-compliance.
A senior lawyer suggested that the Supreme Court could itself summon Imran through video link and record his statement regarding his health condition. He pointed out that Imran had previously appeared before the Supreme Court through video link in the NAB law amendments case.
The September 16 hearing will therefore bring both the original proceedings concerning Imran’s health and the alleged non-implementation of the August 18 order before the same three-member bench.



















