ISLAMABAD: Dr Uzma Khan, sister of former Prime Minister of Pakistan Imran Khan, on May 12 approached the Supreme Court against a ruling by the Islamabad High Court that denied requests to transfer him to a private hospital. The high court had denied him access to personal doctors, family members, and legal counsel, the petition pointed out.
The petition, filed through senior lawyer Uzair Karamat Bhandari, challenged the decision refusing to shift the jailed PTI founder to Shifa International Hospital for medical treatment. According to the petition, Dr Uzma Khan was not originally a party in the high court proceedings but was directly affected by the ruling. The plea cited a previous Supreme Court judgement in the HM Saya case, which recognised the right of an aggrieved individual to challenge a court order before the apex court, according to a report of The Pakistan Frontier.
The petition stated that Imran Khan and his wife remain imprisoned at Adiala Jail, while his two sons currently reside abroad. As his sister and a medical doctor, Uzma Khan argued that she was deeply concerned about his health and well-being, claiming that official actions and negligence were putting his health at risk. It further maintained that she was Imran’s closest immediate family member residing in Pakistan and therefore had the legal standing to file the appeal.
The petition describes that “proper treatment and continuous monitoring of his eye condition and related medical complications’’ are needed and these are being willfully denied to him. The petition has been filed against the Islamabad High Court’s March 12 order.
“The underlying cause for worry about Niazi’s (read Imran Khan) health is a blood clot, which has affected the flow of blood to the right eye. In medical terms, formation of blood clots in the blood stream of a person 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 available to Mr. Niazi while he is incarcerated. It is necessary that Niazi be shifted to a private hospital for detailed examination, treatment and monitoring,’’ says the petition.
The petition further contends that denial of medical facilities to Imran Khan is discriminatory, citing instances in which other political leaders received extensive medical and personal facilities while in custody. “Reference may be made, in particular, to 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 is entitled to obtain the best possible medical treatment within the country,” the petition says.
The plea also argues that the Islamabad High Court judgment failed to properly interpret Rule 795 of the Prison Rules concerning access of relatives to sick prisoners. “In any event, as mentioned above, the Prison Rules only set out the minimum standards and must be read in light of Constitutional requirements. The right of a prisoner to meet his family, especially during times of ill-health, is well recognized,” it adds.
The petition further states that the Islamabad High Court relied on a report submitted by the superintendent of Adiala Jail to conclude that Imran Khan was being regularly examined and that his medical condition had improved. However, it argues that the same official had consistently denied adequate medical facilities to Niazi.
“The right of an incarcerated individual to be treated at an outside hospital, including by doctors of his choice when need be, is now well recognized,” the petition adds. The plea further maintains that the right to life, dignity and humane treatment includes access to physicians chosen by the patient himself.
“Right to life, dignity and humane treatment includes the right to consult a physician of a citizen’s own choice. Given the nature of Niazi’s illness, the State cannot thrust physicians of its own liking upon him, while ignoring his own choice,” it argues.
“Niazi and his family have repeatedly complained that his life and health are in danger. Despite all these factors, the continued refusal in letting independent physicians examine Mr. Niazi, and denying access even to his family is clearly unwarranted,” the petition says.
“The State owes a duty to protect the health of prisoners by providing them, amongst other things, with the required medical care. Under international law, adequate medical care is a minimum and indispensable requirement for the State to be able to ensure the humane treatment of prisoners in its custody,’’ the petition adds.
