Imran’s treatment not possible in prison, says IHC

Safdar argued that prolonged solitary confinement was not part of the court’s judgment

ISLAMABAD:

The Islamabad High Court was informed on Thursday that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi were facing deteriorating eyesight and prolonged isolation in jail, with their lawyers raising concerns over medical treatment and conditions of detention.

Lawyer Salman Safdar, appearing for the PTI founder and Bibi, told the division bench headed by Chief Justice Sardar Muhammad Sarfraz Dogar and Justice Muhammad Asif that both were suffering from health complications, adding that adequate treatment was not possible in Adiala jail.

During the hearing of appeals in the £190 million case, the barrister questioned the prison environment, asking what “infection” was affecting the two inmates’ right eyes and saying the necessary surgical procedures required hospital access, which he said was not feasible on prison premises.

Safdar argued that prolonged solitary confinement was not part of the court’s judgment and amounted to “torture” if continued for long periods. He further claimed that Bushra Bibi had already been placed in solitary confinement despite previous court submissions against such treatment.

The lawyer told the court that during a recent prison meeting, the PTI founder reported a significant deterioration in his eyesight, saying only 15% of his vision remained, while 85% had been lost, and that doctors indicated the damage was irreversible.

He also alleged that the PTI founder was kept in solitary confinement for 22 hours, without even responding to greetings, while Bushra Bibi was kept in solitary confinement for 24 hours.

Safdar further referred to a purported emergency call from Adiala Prison on April 16 regarding Bushra Bibi’s condition, saying the family had been asked to contact us immediately, and urged the court to summon top prison officials, including the Inspector General of Prisons, to explain the conditions of detention.

He said Bushra Bibi’s bail application had been pending for more than a year and questioned whether courts had always been reluctant to grant relief to women.

Chief Justice Dogar questioned why arguments on the main appeal were not being advanced, saying the court was ready to hear the matter and dispose of it expeditiously. He added that appeals were reviewed daily and resolved without delay.

In response, Safdar said there was no objection to hearing the appeal, but he was instructed to first argue in favor of the requests for suspension of sentences. He also said lead lawyer Latif Khosa might appear to argue the appeal.

The Chief Justice observed that once an appeal is fixed for hearing, the appeal for suspension of sentence generally becomes ineffective and directed the lawyers to prepare within 10 days to fix the hearing date.

During the hearing, lawyers also discussed other pending cases, including Toshakhana’s appeal, and exchanged arguments on the priority of cases before the court. After the proceedings, the bench highlighted the frequent objections raised by the Khyber Pakhtunkhwa chief minister, before retiring to the chamber.

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